CONGRESSIONAL RECORD-SENATE November 10, 1983 the PRESIDING OFFICER

31944 CONGRESSIONAL RECORD-SENATE November 10, 1983 The PRESIDING OFFICER. The aside-that is, the Civil Rights Com- AMENDMENT NO. 2540 clerk will call the roll. mission bill-and that the Senate pro- Mr. HATFIELD. Mr. President, I The bill clerk proceeded to call the ceed to the consideration of House send an amendment to the desk and roll. Joint Resolution 413, the joint resolu- ask for its immediate consideration. Mr. DENTON. Mr. President, I ask tion making further continuing appro- The PRESIDING OFFICER. The unanimous consent that the order for priations for fiscal year 1984. amendment will be stated. the quorum call be rescinded. Mr. BYRD. Mr. President, reserving The bill clerk read as follows: The PRESIDING OFFICER. With- the right to object, and I do not intend The Senator from Oregon (Mr. HATFIELD) out objection, it is so ordered. to object, our people on both sides of proposes an amendment numbered 2540: Let there be order in the Senate. the aisle were put on notice that such On page 17, strike out line 20 through Will Senators kindly take their conver- a request would be made. If any Sena- page 26, line 9, inclusive. sations to the cloakroom? There will tors wanted to object, they certainly Mr. HATFIELD. Mr. President, I be order in the Senate. knew they could remain and be here have sent to the desk a committee The Senator from Alabama. when the request was put, and knew amendment and asked for its immedi- Mr. DENTON. Mr. President, I wish they could call through the Democrat- ate consideration. to announce, after consultation with ic cloakroom and indicate an objec- At this time, I ask for the yeas and the majority leader and the distin- tion, and I would protect them before nays, and I will then give an explana- guished chairman of the Appropria- they got here. tion. tions Committee, they have assured I have had no call, and Senators who The PRESIDING OFFICER. Is me that the Ashbrook language is want to object are here, and they can there a sufficient second? There is a indeed included in the House continu- speak for themselves. sufficient second. ing resolution. I hope there will be no objection, re- The yeas and mays were ordered. Mr. STENNIS. Mr. President, we alizing that if there is, the majority Mr. HATFIELD. Mr. President, this cannot hear the Senator. leader can keep us in tonight or he can matter was one I referred to briefly The PRESIDING OFFICER. Will move to adjourn. He can make a when a quorum call was put in for the the Senator suspend for a moment? motion at a point. It may be a nonde- Members of the Senate to come to the There are a lot of conversations in batable motion, if he is lucky enough, floor, in order to get some kind of the Chamber. Senators will please or it could be a debatable motion, in signal of where the Senate is going to take their conversations to the cloak- any other event. The Senate would go in the next steps of completing its rooms. Staff will conclude their con- win nothing except chew a lot of time, responsibility of the continuing resolu- versations so the Senator may be delaying the majority leader from get- tion. heard. ting to the continuing resolution. I do This amendment would strike the Mr. DENTON. Mr. President, I say not think we should do that. portion of the so-called Wright amend- that after discussions with the majori- Whatever the will of the Senate is in ment dealing with the add-ons for do- ty leader and the distinguished chair- respect to the provisions contained in mestic programs. It does not strike- man of the Appropriations Committee, the resolution is something else. The let me emphasize, it does not strike- I have been assured that the Ashbrook Senate can work its will on that, and I the portion of the Wright amendment language is included in the House con- hope there will not be an objection. tinuing resolution. dealing with foreign operations in the Mr. BAKER. I thank the Senator. Treasury bill. It is in the Treasury bill I would simply ask affirmation of The PRESIDING OFFICER. Is the chairman as to whether that is that the controversial item known as there objection to the request of the the Ashbrook amendment appears. So correct. majority leader? The Chair hears Mr. HATFIELD. it does not disturb those components The Senator is cor- none, and it is so ordered. rect. of the bill. Mr. BAKER. Mr. President, I thank The domestic programs for which in- Mr. DENTON. I do not intend to the minority leader and the managers enter an objection when the request is creased funding is provided in the on both sides. I thank a number of Wright amendment are education, made to proceed to the consideration Senators who have special concerns of the House joint resolution. health, job training, shelter for the about this, including the Senator from homeless, nutrition, and low-income Mr. BAKER. Mr. President, I sug- Connecticut, the Senator from Ala- gest the absence of a quorum. energy assistance. bama, the Senator from Oregon (Mr. Let me emphasize again that the The PRESIDING OFFICER. The PACKWOOD), Senator HELMS, and many clerk will call the roll. reason for this particular procedure is others, as well as those who wish to be that there is no question in the leader- The assistant legislative clerk pro- reassured that we are going to get ceeded to call the roll. ship's mind and in my mind that in back to the Civil Rights Commission talking to Mr. Stockman and other Mr. BAKER. Mr. President, I ask bill, as indeed we are. unanimous consent that the order for representatives of the administration, The formulation of this request pro- senior White House officials, the the quorum call be rescinded. vides that the Civil Rights Commis- The PRESIDING OFFICER. With- Wright amendment makes the con- sion bill will return as the pending out objection, it is so ordered. tinuing resolution unacceptable for business when the CR is disposed of. the President, and that we can rely on Once again, I express my apprecia- the inevitability of a veto on such a UNANIMOUS-CONSENT tion to all Senators. continuing resolution with this incor- AGREEMENT porated. Mr. BAKER. Mr. President, I have As this issue concerns us, it is not as conferred with a number of Senators FURTHER CONTINUING a question of preference or personal on this side of the aisle, and I wish to APPROPRIATIONS, 1984 feeling that I present this amendment express my gratitude to those who The PRESIDING OFFICER. The today; because, frankly, I think all have conferred with me on this sub- joint resolution will be stated by title. these programs are very worthwhile. I ject. The assistant legislative clerk read would be very supportive, perhaps, of I can report to the Senate that I be- as follows: expanding and including additional lieve the difficulties have been worked A joint resolution (H.J. Res. 413) making appropriations. But that is not the out, and I hope there will not now be further continuing appropriations for the issue. , an objection to the request. fiscal year 1984. The issue is that we have until mid- I ask unanimous consent that the The Senate proceeded to consider night to make a final determination pending business be temporarily laid the joint resolution. on this continuing resolution question, November 10, 1983 CONGRESSIONAL RECORD-SENATE 31945 and I want to get about the business immigrant children, higher education, the rest of Government combined. No of doing that and get out of here community health centers, technical one ever talks about that. The military before 4 o'clock tomorrow morning. institute for the deaf, Gallaudet Col- does not use competitive bidding. It is After we finish our own work on this lege, job training, emergency shelter worth billions of dollars. No one wor- resolution, Senator STENNIS and I and for the homeless, and I am not sure ries about that and the President does other members of the Senate Appro- what else. not threaten to veto any bills if we do priations Committee will have to meet The argument that is being made is not do something about that. And the in conference with the House confer- that if we do not take it out the fellow military buys replacement parts at ees and come out with some kind of down the street may veto the bill. I prices that are unbelievable-$1,100 compromise and bring those reports think we should give him that oppor- for an item worth about $35. And the back to our respective bodies. tunity to veto it. I think he should President does not do anything about So I offer this amendment for that have that privilege. We are not talking that. reason: to get a test vote, to see which about billions upon billions upon bil- But, no, he rides his white horse and way we are going. lions of dollars. We are not talking tells us if we are doing anything for I yield at this time to the ranking about balancing the budget because of emergency shelters for the homeless, minority member of our committee, a billion dollars. If you want to bal- he is going to veto the bill. He is going the Senator from Mississippi (Mr. ance the budget then he has to accept to save the country. STENNIS). the responsibility that he fails to I think we ought to give him that Mr. STENNIS. Mr. President, I accept and recognize that you cannot privilege. I think he ought to have thank the Senator for yielding. I will balance a budget unless you bring in that opportunity. This President did try not to repeat what he has said. He some dollars as well as cut the expend- not develop a reputation of being has made a statement that covers the itures. But he says oh, no, no new unfair without there being some sub- entire situation about the procedural taxes. stance to it. He did not create the rep- matters. They are the matters that The President ought to understand utation that he has no concern for the have to be met by everyone giving a that closing some of the tax loopholes poor of this country without there little. that exist in this country that make it being some reality about it. He does I highly commend the membership. possible for the wealthy and the larg- I know that many of them have gone a est corporations in the country to not. He could not care less about the who are good piece in yielding to the situation, wind up paying no taxes at all is part fact that there are people to get this legislation moving. This res- of his responsibility, too, rather than hungry at this very moment in this olution affects every agency of the trying to cut back on funding for the country. Federal Government. Time has al- deaf, for the handicapped, and for All we hear about are programs that ready run out on what we have, and educational purposes. are wasteful of food stamps. Someone this could really stop the wheels. If we have to stand here and knuckle got food stamps in a Cadillac. Tell him I think we are very fortunate to down, give up the amendment, all of a to come to Cleveland or Youngstown have come this far. In the same spirit billion dollars, because the President or Toledo or Dayton or any one of a of cooperation, I am going to vote for says, "Otherwise, I will veto it," let number of other cities in my State or this amendment in connection with him veto it. What is so terrible about States throughout the country, where the extra billion dollars. Some parts of that? Maybe we do not have the votes the Republican mayors of those cities it are matters in which I have a special to override the veto. are saying, "We do not have the food interest and which I have been follow- But some of the very people who are to put in the mouths of our people." ing in the regular committees. prepared to support the President in And the President does not do any- I hope that by giving a little, we can the event of a veto are those who thing about that. gain a lot. In that spirit, I join in sub- come here with special water projects There may be the votes to knock out mitting this amendment. for their community, with special pro- this amendment that involves, I think Mr. HATFIELD. Mr. President, I grams for their communities, and they it is $1 billion, and if my figure is in- thank the Senator. He has been a real say, "Oh, we have plenty of money for correct I stand corrected, but that is stalwart in this rather tedious proce- that." They do not want to do any- the one I read in the paper as of this dure, and I am very grateful for the thing about closing any tax loopholes morning. constancy of his support. either. But it does not make sense. Again, I emphasize the simple point Oh, no, Heaven forbid, do not close And we are not meeting our respon- that this is an amendment dealing any of those loopholes that the rich sibilities. The President has the right with more of a procedure than the and many of the fancy corporations of to take such action as he wants. The substance of the amendment, even this country use where they are selling President has the right to do that though we cannot ignore the substan- tax loopholes one to the other. I just which he thinks is right or wrong. tive part of the amendment. The point saw where one airline, I think it was But we have an obligation to be to be emphasized is that we are trying Air Wisconsin, just sold its tax loop- more than people who just roll over to determine a direction at this point, holes to Merrill Lynch. What a won- and play dead because the President as to which way the Senate will move derful idea that is. We trade in tax may veto $1 billion of additional between now and midnight. loopholes now. spending for human service needs. I yield the floor. But for $1 billion we are told we Does anyone in his right mind claim Mr. METZENBAUM. Mr. President, cannot include it in this bill because if that these are wasteful projects? Does I rise to speak in opposition to this we do the President may veto it. What anyone claim that spending money for amendment and I do so because what kind of a Senate is this? Is this the meals under the National School we are being told is that we have to Senate that knuckles down every time Lunch Act is something that we take out $1 billion, I gather that is the the President threatens a veto, or do should not be spending money for? figure, although I am not certain as to we accept our responsibility to the Does anyone claim that spending the exact amount, that the House has people that we represent? We can cut money under the Child Nutrition Act added for some very worthwhile pro- $1 billion off the Department of De- is wasting the dollars of the American grams. As I understand it, the pro- fense like falling out of bed. We just people? grams are in the field of vocational eliminate some of the wasteful prac- Does anyone claim that an increase education, adult education, communi- tices. We spend $100 million a year for in the income guidelines for determin- ty services, education for the handi- military bands. No one ever talks ing eligibility for reduced-price meals capped, rehabilitation services and about that. We have more limousines for children should not be included in handicapped research, education for for the military than we have for all the law? 31946 CO NGRESSIONAL RECORD-SENA November 10, 1983 But all of that we are told should be cludes funding for community service [Rollcall Vote No. 348 Leg.] thrown out. We ought to vote not on block grants; it includes funding for YEAS-53 the merits, and with all due respect to women, infants, and children's pro- Abdnor Gorton Packwood the maker of the motion, my good gram. It includes funding for low Armstron g Grassley Percy friend from Oregon, he indicates that income energy assistance, as well as a Baker Hatch Pressler Baucus Hatfield Proxmire he very well could support many of few other important programs. It also Boren Hawkins Quayle these programs himself, but he is includes funding for the school lunch Boschwit z Hecht Roth saying the President may veto it, if we and school breakfast programs. Mr. Chafee Heinz Rudman it in. these are all programs our Cochran Helms Stennis include President, D'Amato Humphrey Stevens This Senator is prepared to return constituents need. Danforth Jepsen Symms to Washington or stay in Washington Mr. President, I ask unanimous con- DeConcinii Kassebaum Thurmond or do whatever is necessary in order to sent to have printed in the RECORD a Denton Kasten Tower to Dole Lugar Trible give the President the opportunity table showing items and dollar Durenber ger Mathias Wallop veto this legislation. But I do not amounts which would be sticken by East Mattingly Warner think that we ought to just roll over, the amendment. Exon McClure Wilson roll over and do that which the Presi- There being no objection, the table Ford Nickles Zorinsky Garn Nunn dent wants or is threatening to do if was ordered to be printed in the we do not act in accordance with his RECORD, as follows: NAYS-36 wishes. Either we have some independ- Wright amendment (education and Andrews Eagleton Metzenbaum ence, we have the courage of our con- nutrition) Bentsen Hart Mitchell Biden Heflin Moynihan victions and will stand up for what is Millions as compared to what is wrong, or Bingamar IHuddleston Fell right Title I compensatory education...... +165 Bradley Johnston Randolph I think the we do not. And, therefore, Vocational education...... +81.4 Bumpers Kennedy Riegle Burdick Lautenberg Sarbanes amendment should be defeated. Adult education...... +12 Mr. BYRD. Mr. President, I support Byrd Leahy Sasser +30 Chiles Levin Specter the Wright amendment. It is called Community service block grants...... Low income energy assistance...... +195 Cohen Long Stafford that because it is the amendment of- Cranston Matsunaga Tsongas fered by the House majority leader, Education for the handicapped ...... +143 Dixon Melcher Weicker Rehabilitation services...... +43.9 Mr. WRIGHT of Texas. This amend- NOT VOTING-11 ment, added to the continuing resolu- Education for immigrant children..... +145 tion, does one simple thing. It fulfills Higher education...... +30 Dodd Goldwater Murkowski +20 Domenici Hollings Pryor our commitment-a commitment made Community health centers...... Evans Inouye Simpson by both Chambers, the House and the Institute for the Deaf...... +1.7 Glenn Laxalt Senate, when we passed the budget Gallaudet College...... +2 So the amendment (No. 2540) was +75.4 resolution-to fund vitally needed edu- Job training...... agreed to. cation and social programs. We are Shelter for the homeless...... +10 Mr. HATFIELD. I move to reconsid- infant and children not, if we vote to keep this amendment WIC (women, er the vote by which the amendment in the resolution, breaking any new nutrition)...... +300 School lunch and school breakfast .... +105 was agreed to. ground here today. We are not busting Mr. STENNIS. I move to lay that the budget. We are not, with this vote, SEVERAL SENATORS. Vote. motion on the table. adding to the budget deficit as ap- The PRESIDING OFFICER. Is The motion to lay on the table was proved in the budget we adopted. We there further debate? agreed to. are merely voting to spend money for If not, the question is on agreeing to programs at a level we have already the amendment of the Senator from AMENDMENT NO. 2541 agreed to in June. Oregon. Mr. HATFIELD. Mr. President, I The amendment includes additional On this question the yeas and nays send an amendment to the desk and funds for vocational education. How have been ordered, and the clerk will ask for its immediate consideration. many of us, if any, can say that our call the roll. The PRESIDING OFFICER. The constitutents have not benefited by The assistant legislative clerk called amendment will be stated. the vocational education program? I the roll. The legislative clerk read as follows: know there are many, many people in Mr. STEVENS. I announce that the The Senator from Oregon (Mr. HATFIELD) West Virginia today who are not on Senator from New Mexico (Mr. Do- proposes an amendment numbered 2541: welfare or public assistance because of MENICI), the Senator from Washington On page 26, strike out all following line 9, the educational opportunities afforded (Mr. EVANS), the Senator from Arizona through the end of the joint resolution. to them by this program. (Mr. GOLDWATER), the Senator from Mr. HATFIELD. Mr. President, this The Wright amendment also in- Nevada (Mr. LAXALT), the Senator committee amendment strikes the cludes the adult education program; it from Alaska (Mr. MURKOWSKI), and Hoyer amendment to House Joint Res- includes education for the handi- the Senator from Wyoming (Mr. SIMP- olution 413. capped; it includes higher education SON) are necessarily absent. The Hoyer amendment provides that programs-specifically, college work I further announce that, if present funding for the agenices covered in study programs and opportunity and voting, the Senator from Wash- the regular Treasury appropriation grants for college students; and, it in- ington (Mr. EVANS), would vote "yea." bill-we are talking about the House- cludes the title I program for disad- Mr. CRANSTON. I announce that passed bill-will be at the levels of and vantaged students. Mr. President, the Senator from Connecticut 40r. under the terms and conditions of the these education programs are the very DODD), the Senator from Ohio (Mr. fiscal year 1984 Treasury appropria- cornerstone of our commitment at the GLENN), the Senator from South Caro- tions bill. As I say, it was passed by the Federal level to education in this coun- lina (Mr. HOLLINGS), the Senator from House-I want to emphasize that try. Providing adequate funding for Hawaii (Mr. INOUYE), and the Senator point, because this is basically the these programs is an important step from Arkansas (Mr. PRYOR), are neces- abortion issue. toward meeting our responsibilities to sarily absent. The so-called Ashbrook language on address the crisis in education we all The PRESIDING OFFICER. Are abortion is thereby incorporated by acknowledge we are facing in America there any other Senators in the Cham- reference. Another committee amend- today. ber wishing to vote? ment which I shall propose later will The Wright amendment also in- The result was announced-yeas 53, provide for the Treasury bill at the cludes funding for job training; it in- nays 36, as follows: current rate with certain exceptions as November 10, 1983 CONGRESSIONAL RECORD-SENATE 31947 referred in Senate Joint Resolution MENICI), the Senator from Minnesota There is a sufficient second. 1294. (Mr. DURENBERGER), the Senator from The yeas and nays were ordered. What we are trying to do at this Washington (Mr. EVANS), the Senator The PRESIDING OFFICER. The point in the procedure, Mr. President, from Arizonia (Mr. GOLDWATER), the question is on agreeing to the motion is get to the next controversial issue, Senator from Nevada (Mr. LAXALT), of the Senator from Oklahoma to lay which is the Ashbrook amendment. It the Senator from Idaho (Mr. on the table the motion of the Senator is incorporated, as I say, in the Treas- MCCLURE), the Senator from Alaska from Alabama to reconsider the vote ury-passed bill of the House. There (Mr. MURKOWSKI), and the Senator by which the amendment of the Sena- will be other amendments later related from Wyoming (Mr. SIMPSON), are nec- tor from Oregon was rejected. to the referencing of that part of the essarily absent. On this question, the yeas and nays continuing resolution. But I have On this vote, the Senator from have been ordered, and the clerk will worded this amendment in such a way Washington (Mr. EVANS) is paired with call the roll. that we can now deal with that issue the Senator from Minnesota (Mr. The bill clerk called the roll. that has to be dealt with before we DURENBERGER). Mr. HUDDLESTON (when his name can complete the CR tonight. That is If present and voting, the Senator was called). Mr. President, on this the Ashbrook issue. from Washington would vote "yea" vote, I have a pair with the distin- That is where we are with this and the Senator from Minnesota guished Senator from Ohio (Mr. amendment, Mr. President. Now the would vote "nay." GLENN). If he were present and voting, stage is set for the discussion. Mr. CRANSTON. I announce that he would vote "nay." If I were a liber- Mr. BUMPERS. Mr. President, what the Senator from Connecticut (Mr. ty to vote, I would vote "yea." There- is the pending business? DODD), the Senator from Ohio (Mr. fore, I withhold my vote. The PRESIDING OFFICER. The GLENN), the Senator from South Caro- Mr. STEVENS. I announce that the amendment offered by the Senator lina (Mr. HOLLINGS), the Senator from Senator from New Mexico (Mr. Do- from Oregon is the pending business. Hawaii (Mr. INOUYE), and the Senator MENICI), Senator from Minnesota (Mr. Mr. DENTON. Mr. President, I ask from Arkansas (Mr. PRYOR), are neces- DURENBERGER), Senator from Washing- for the yeas and nays. sarily absent. ton (Mr. EVANS), Senator from Arizona The PRESIDING OFFICER. Is The PRESIDING OFFICER. Are (Mr. GOLDWATER), Senator from there a sufficient second? There is a there any other Senators in the Cham- Nevada (Mr. LAXALT), Senator from sufficient second. ber who wish to vote? Idaho (Mr. MCCLURE), Senator from The yeas and nays were ordered. The result was announced-yeas 43, Alaska (Mr. MURKOWSKI) and the Sen- The PRESIDING OFFICER. The nays 44, as follows: ator from Wyoming (Mr. SIMPSON). question is on agreeing to the amend- [Rollcall Vote No. 349 Leg.] I further announce that, if present ment. The clerk will call the roll. YEAS-43 and voting, the Senator from Wash- Mr. SARBANES. Will the manager Andrews Hatfield Riegle ington (Mr. EVANS), would vote "nay." of the bill yield for a question? Baker Heinz Roth Mr. CRANSTON. I announce that Mr. HATFIELD. Yes, Mr. President. Baucus Kassebaum Rudman Bentsen Kennedy Sarbanes the Senator from Connecticut (Mr. Mr. SARBANES. Is the only copy of Bingaman Lautenberg Sasser DoDD), the Senator from Ohio (Mr. the continuing resolution available the Bradley Leahy Specter GLENN), the Senator from South Caro- one at the clerk's desk? Bumpers Levin Stafford Burdick Mathias Stennis lina (Mr. HOLLINGS), the Senator from Mr. HATFIELD. That is correct. Byrd Matsunaga Stevens Hawaii (Mr. INOUYE) and the Senator Mr. SARBANES. Is the manager ar- Chafee Metzenbaum Tower from Arkansas (Mr. PRYOR) are neces- ranging to give Members copies? Chiles Moynihan Tsongas sarily absent. Mr. HATFIELD. I should be very Cohen Nunn Wallop Cranston Packwood Weicker The PRESIDING OFFICER. Is happy to give the Senator from Mary- Gorton Pell there any other Senator in the Cham- land my copy except I do not even Hart Percy ber who desires to vote? have a copy. We shall have to get a NAYS-44 The result was announced-yeas 43, from the desk for the Senator. copy Abdnor Ford Mattingly nays 43, as follows: Mr. WEICKER. Regular order, Mr. Armstrong Garn Melcher [Rollcall Vote No. 350 Leg.] President. Mitchell Biden Grassley YEAS-43 The PRESIDING OFFICER. The Boren Hatch Nickles is on agreeing to the amend- Boschwitz Hawkins Pressler Abdnor Ford Melcher question Cochran Hecht Proxmire Armstrong Garn Mitchell ment. D'Amato Heflin Quayle Biden Grassley Nickles The yeas and nays have been or- Danforth Helms Randolph Boren Hatch Pressler dered. DeConcini Huddleston Symms Boschwitz Hawkins Proxmire Denton Humphrey Thurmond Cochran Hecht Quayle Mr. DENTON. Mr. President, I ac- Dixon Jepsen Trible D'Amato Heflin Randolph knowledge that the floor manager, the Dole Johnston Warner Danforth Helms Symms distinguished chairman of the Appro- Eagleton Kasten Wilson DeConcini Humphrey Thurmond Committee, made it clear, East Long Zorinsky Denton Jepsen Trible priations Exon Lugar Dixon Johnston Warner but it has not yet been written up in Dole Kasten Wilson NOT VOTING-13 here; I want to repeat for the benefit Eagleton Long Zorinsky of my colleagues who might want to Dodd Goldwater Murkowski East Lugar Domenici Hollings Pryor Exon Mattingly support what the Ashbrook language Durenberger Inouye Simpson is: The effect of this motion to strike Evans Laxalt NAYS-43 will be to delete the Ashbrook amend- Glenn McClure Andrews Hatfield Riegle ment from the House bill. Therefore, I Baker Heinz Roth So Mr. HATFIELD'S amendment (No. Baucus Kassebaum Rudman oppose this amendment and ask those 2541) was rejected. Bentsen Kennedy Sarbanes of my colleagues who believe as I do to Mr. DENTON. Mr. President, I move Bingaman Lautenberg Sasser vote the same. to reconsider the vote by which the Bradley Leahy Specter The PRESIDING OFFICER. The Bumpers Levin Stafford amendment was rejected. Burdick Mathias Stennis question is on agreeing to the amend- Mr. NICKLES. Mr. President, I Byrd Matsunaga Stevens ment. The yeas and nays have been or- move to lay that motion on the table. Chafee Metzenbaum Tower dered. The clerk will call the roll. WEICKER. Mr. President, I ask Chiles Moynihan Tsongas Mr. Cohen Nunn Wallop The legislative clerk called the roll. for the yeas and nays. Cranston Packwood Weicker Mr. STEVENS. I announce that the The PRESIDING OFFICER. Is Gorton Pell Senator from New Mexico (Mr. Do- there a sufficient second? Hart Percy 31948 COCNGRESSIONAL RECORD-SENATE November 10, 1983 PRESENT AND GIVING A LIVE PAIR, AS known as the nuclear weapons, and Mr. HELMS. Mr. President, I move PREVIOUSLY RECOIRDED-1 the chemical weapons, which would that the motion to reconsider be with- Huddleston, for deny life to people on this globe. drawn and I ask for the yeas and nays. NOT VOTING- -13 I am just as concerned about the The PRESIDING OFFICER. Is Dodd Goldwater Murkowski poor, the old, and the elderly, about there a sufficient second? Domenici Hollings Pryor the maternal care and child care, and There is not a sufficient second. Durenberger Inouye Simpson so forth. Mr. HELMS. Mr. President, on nu- Evans Laxalt merous occasions this Senator has Glenn McClure I am opposed to capital punishment on the table and always have been. been backed up against the wall by the So the motion to lay But in this bill there are a lot of pro- calendar on various issues, and this was rejected. Senator has listened attentively and grams who involve the living of today, Mr. BAKER. Mr. Pr esident, if I with appreciation to the entreaties of not those who will be conceived tomor- could have the attention of the Senate the leadership, to back up and back the living of today. I think we for a moment, this vote and similar row but down. I think the distinguished major- an obligation to conserve and votes are always among t he most diffi- have ity leader will say that I have done my preserve life that has already been cult votes that Members cast because best to cooperate on many occasions. of conflicting requirements on the one born. Here we have the anomaly in the I am not going to get into the tech- hand, on the one hand to express clear Senate where the Senate has spoken nicalities because I can only say I have and in most cases a consiestent view on three times on the question of right to some voted for every Hyde amendment issue an issue of great worik and life, threetimes. And they will not to that has come before this Chamber moment, and, on the ot her hand, quit. I say this with all due respect to bill in and I will continue to vote for the try to assist the managers of the Senator WEICKER and Senator PACK- trying to get the thing passed, and Hyde amendment. But the Ashbrook requirement amendment can be distinguished be- WOOD. If they really want to proceed trying to comply with the with this important bill, let us with- the country's work and do cause of the fact that it puts the Fed- that we do draw the motion to reconsider and go way in thiss case before eral Government into the business of it in a timely about the legislatintion. Two times you midnight tonight. telling Federal employees how they were defeated yesterday and one time The reason I say that, 1Ir. President, can spend their compensation. Even today. Does it take is because I honestly belie yvethis is the though we may oppose, as I do, the you were defeated time to get on with this bill. There are use of abortion, except in the case of four times, five times, six times? How Members who have always supported the life of the mother, I do not see many times? the language incorporated in this bill why we should put the Federal Gov- Sure, the vote was close, but I im- who voted for the an.iendment to ernment into the business of saying, in plore Senators to give me a sufficient strike that language sinnply because effect, how someone who has earned second, if you will not give me unani- they understand, as I am sure the dis- compensation-that is what this pro- mous consent, and let us vote to with- tinguished manager of thle bill under- gram is, equivalent to compensation- draw the motion to reconsider and let stands, that we have an obligation to how they can spend their money while the vote stand. After all, this provision is in the House bill. There will be no do the country's work. there is a legal action abortion avail- I am not asking any S enator to do able to them. problem. The administration favors anything that is contrary to their con- I do not think we ought to confuse this provision. So what is the problem? consent again, Mr. science and their own personal convic- the Ashbrook amendment with the I ask unanimous President, that the motion to reconsid- tions. All I am saying, Mr. President, is Hyde amendment. I feel just as strong er be withdrawn. this is not the final vote you will ever about the Hyde amendment as I cast on this issue. This is not the last always have. I have supported Mr. STEVENS. I object. the Mr. HELMS. Mr. President, I move time you are going to hav Sanopportu- Hyde amendment. I have introduced nity to make your mark on this issue. it I support the constitutional amend- that the motion to reconsider be with- But this may be the last Sopportunity ment to abolish abortion and I will drawn. you get to pass this CF SI am very continue to do so. But I also have an The PRESIDING OFFICER. The much afraid this matter will not pass obligation to the living in this world. motion is already pending. tonight before the midni,ght deadline, We have to get on with the business Mr. HELMS. I ask for the yeas and or maybe not at all, if we nays. with the leadership beido n proveond of this continuing resolution. I plead The PRESIDING OFFICER. Is being scing providedt with the Senate to give us an opportu- there a sufficient second? and the examples et by te two nity to go on and complete this busi- managers of this bill. Mr. HELMS. I will never hesitate to Mr. President, I yield t;o the distin- ness. raise my hand no matter how strongly guished chairman of th e Appropria- I happen to be in a catch-22. Which- I feel against the proposition. tions Committee. ever way it turns out, I have a choice The PRESIDING OFFICER (Mr. Mr. HATFIELD. Mr. President, I of a filibuster with Mr. DENTON on one COCHRAN). Is there a sufficient second? cannot improve upon ti he statement hand or Mr. PACKWOOD on the other. There is a sufficient second. just given by the majorcity leader. I Do not put me in that situation, The yeas and nays were ordered. just want to make one or two brief ob- having to choose which I prefer to Mr. HELMS. I thank the Chair and I servations because we are at a point in listen to. [Laughter.) thank the Senators. the parliamentary situat;ion where a Mr. HELMS. Mr. President, will the The PRESIDING OFFICER. The motion to reconsider will be the next Senator yield? question is on agreeing to the motion vote. Mr. HATFIELD. I am happy to yield of the Senator from North Carolina. I do not think I would be willing to to the floor. The yeas and nays have been ordered take a back seat to aniyone in the Mr. HELMS. Mr. President, I ask and the clerk will call the roll. Chamber on the matter of my view unanimous consent that the motion to The assistant legislative clerk called about the sanctity of hunaan life. I am reconsider be withdrawn. the roll. just as concerned about the life that The PRESIDING OFFICER. Is Mr. STEVENS. I announce that the occurs after birth, though, as I am there objection. Senator from New Mexico (Mr. Do- about the life within the womb. Mr. BAKER. Mr. President-- MENICI), the Senator from Minnesota I try to express that in my concerns Mr. HELMS. Mr. President, I have (Mr. DURENBERGER), the Senator from for the hungry of the wiorld, my con- the floor. Washington (Mr. EvANS), the Senator cerns about the horrendious weapons Mr. BAKER. Mr. President, I object. from Arizona (Mr. GOLDWATER), the November 10, 1983 CONGRESSIONAL RECORD-SENATE 31949 Senator from Nevada (Mr. LAXALT), the House of Representatives. So I year 1983, for which provision was made in the Senator from Idaho (Mr. urge Senators to consider that this the Department of Defense Appropriation MCCLURE), the Senator from Alaska chapter is finished and that we have Act, 1983, but such activities shall be funded (Mr. MURKOWSKI), the Senator from to get on with the business at hand. I at not to exceed an annual rate for new obli- urge Senators to do so. gational authority of $247,000,000,000, Wyoming (Mr. SIMPSON), and the Sen- which is an increase above the current rate, ator from Texas (Mr. TOWER) are nec- Now, Mr. President, I yield to the and this level shall be distributed on a pro essarily absent. distinguished chairman of the Appro- rata basis to each appropriation account uti- Mr. CRANSTON. I announce that priations Committee. lizing the fiscal year 1984 amended budget the Senator from Connecticut (Mr. Mr. HATFIELD. Mr. President, I request as the base for such distribution and DODD), the Senator from Ohio (Mr. only want to correct the RECORD on shall be available under the terms and con- GLENN), the Senator from South Caro- one point a while ago when I said that ditions provided for in the applicable appro- lina (Mr. HOLLINGs), the Senator from I did not want to be forced to have to priation Acts for fiscal year 1983: Provided, Hawaii (Mr. INOUYE), and the Senator choose between my good friend, the That no appropriation or funds made avail- Senator from Alabama (Mr. DENTON) able or authority granted pursuant to this from Arkansas (Mr. PRYOR) are neces- subsection shall be used to initiate mul- sarily absent. and the Senator from Oregon (Mr. tiyear procurements utilizing advance pro- The PRESIDING OFFICER (Mr. PACKWOOD) on a filibuster. I should curement funding for economic order quan- COCHRAN). Are there any other Sena- not have included the Senator from tity procurement unless specifically appro- tors in the Chamber wishing to vote? Alabama. It should have been a choice priated later: Providedfurther, That none of The result was announced-yeas 45, between my friend from Connecticut the funds appropriated or made available nays 41, as follows: (Mr. WEICKER) and my friend from pursuant to this subsection shall be avail- [Rollcall Vote No. 351 Leg.] Oregon (Mr. PACKWOOD). So I want to able for the conversion of any full time posi- tions in support of the Army Reserve, Air YEAS-45 correct the RECORD in that regard. Mr. BAKER. Mr. President, I hope Reserve, Army National Guard, and Air Na- Abdnor Ford Mattingly tional Guard by Active or Reserve Military Armstrong Garn Melcher that the managers of the bill will go Personnel, from civilian positions designat- Biden Grassley Mitchell forward with amendments. ed "military technicians" to military posi- Boren Hatch Nickles Mr. HATFIELD. Mr. President, Boschwitz Hawkins Nunn tions: Provided further, That no appropria- Cochran Hecht Pressler what is the parliamentary situation? tion or funds made available or authority D'Amato Heflin Proxmire The PRESIDING OFFICER. The granted pursuant to this subsection shall be Danforth Helms Quayle bill is open to further amendment. used to initiate or resume any project, activ- DeConcini Huddleston Randolph AMENDMENT NO. 2542 ity, operation or organization which is de- Denton Humphrey Symms fined as any project, subproject, activity, Dixon Jepsen Thurmond Mr. HATFIELD. Mr. President, I budget activity, program element, and sub- Dole Johnston Trible send a committee amendment to the Eagleton Kasten Warner program within a program element, and for East Long Wilson desk and ask for its immediate consid- investment items is further defined as a P-1 Exon Lugar Zorinsky eration. line item in a budget activity within an ap- propriation account and an R-1 line item NAYS-41 The PRESIDING OFFICER. The amendment will be stated. which includes a program element and sub- Andrews Hart Percy program element within an appropriation Baker Hatfield Riegle Mr. MELCHER. Mr. President, will the chairman yield before the amend- account, for which appropriations, funds or Baucus Heinz Roth other authority were not available during Bentsen Kassebaum Rudman ment is reported? the fiscal year 1983. Bingaman Kennedy Sarbanes Mr. HATFIELD. I yield. Sasser Bradley Lautenberg MR. MELCHER. Does the amend- Mr. HATFIELD. Mr. President, this Bumpers Leahy Specter is a committee amendment which ref- Burdick Levin Stafford ment contain the conference commit- Byrd Mathias Stennis tee's action on Commerce-State-Jus- erences the Defense spending level at Chafee Matsunaga Stevens the current CR level that is expiring Chiles Metzenbaum Tsongas tice appropriations bill? Mr. HATFIELD. We have not yet tonight. Cohen Moynihan Wallop As Senators will recall, the Senate Cranston Packwood Weicker proposed that amendment. Gorton Pell Mr. MELCHER. Is this amendment passed a Defense appropriations bill. They expect to go to conference very NOT VOTING-14 en bloc? shortly. Of course, when that confer- Murkowski The PRESIDING OFFICER. The Dodd Goldwater ence is completed, we will vote on that Domenici Hollings Pryor amendment will be stated. Durenberger Inouye Simpson The bill clerk read as follows: conference report; and if we adopt the Evans Laxalt Tower conference report and the President Glenn McClure The Senator from Oregon (Mr. HATFIELD) proposes an amendment numbered 2542. signs the measure, this whole matter So the motion to withdraw the drops out from the CR. motion to reconsider the vote was Mr. HATFIELD. Mr. President, I ask However, in order to bridge the time agreed to. unanimous consent that reading of the required between now and the time we Mr. BAKER addressed the Chair. amendment be dispensed with. act on the Defense appropriations The PRESIDING OFFICER. The The PRESIDING OFFICER. With- measure, we are asking that our CR majority leader is recognized. out objection, it is so ordered. here be referenced at the current CR Mr. BAKER. Now, Mr. President, we The amendment is as follows: level, which is $247 billion. have spoken three or four times on On page 1, after line 2, insert the follow- I yield to the ranking minority this issue tonight, and a position on ing: member of the committee. That the following sums are hereby ap- this bill has now been established. I propriated, out of any money in the Treas- Mr. STENNIS.. Mr. President, I am afraid it will make the bill more ury not otherwise appropriated, and out of think that is a correct statement of difficult to pass, but notwithstanding applicable corporate or other revenues, re- fact as to where it leaves us unless we have to pass this bill. It is time to ceipts, and funds, for the several depart- some remedy is provided. It is just in- move on now to other things. I urge ments, agencies, corporations, and other or- tolerable. We must move forward. Senators to consider that we have to ganizational units of the Government for Mr. EXON. Mr. President, will the finish this bill tonight, and do so, if the fiscal year 1984, and for other purposes, Senator yield? possible, before 12 o'clock. If we namely: Mr. HATFIELD. I yield. "SEC. 101. (a) Pending enactment of the Mr. EXON. If I understood the ex- cannot do it before 12 o'clock, Mr. Department of Defense Appropriation Act, President, we are going to be asked to 1984, such amounts as may be necessary for planation, which I seem to agree stay past 12 o'clock and do it. But one continuing activities, not otherwise specifi- with-and I congratulate the chair- way or the other, we have to pass a cally provided for elsewhere in this joint man of the Appropriations Committee continuing resolution and send it to resolution, which were conducted in fiscal for the statement-is it true that the 31950 CONGRESSIONAL RECORD-SENATE November 10, 1983 CR portion of this for the Department rata basis to each appropriation account uti- It seems to me that a continuing res- of Defense budget would be at last lizing the fiscal year 1984 amended budget olution should be maintained at the the request as the base for such distribution and level of last year. That was the point year's level? Or does it include shall be available under the terms and con- higher level we passed? In other ditions provided for in the applicable appro- of the question I asked the chairman words, there is no add-on at all? It is priation Acts for fiscal year 1983: Provided, of the committee a moment ago. simply continuing it at last year's That no appropriation or funds made avail- Can the Senator from Alaska ex- level, as is customary with a CR? able or authority granted pursuant to this plain to the Senator from Nebraska Mr. HATFIELD. Really, it is a level subsection shall be used to initiate mul- what possible legitimate reason there in between. It is not last year's level tiyear procurements, except for the B-1B can be for the amendment he has of- and it is not the other level. It is actu- program, utilizing advance procurement fered? in between. It is what funding for economic order quantity pro- ally somewhere curement unless specifically appropriated Mr. STEVENS. I say to the Senator is in the current CR that we are oper- later: Provided further, That none of the that the level we are operating under ating under now, which is expiring to- funds appropriated or made available pursu- now is above last year's level already. night. ant to this subsection shall be available for We will go to conference with the Mr. EXON. The Senator is saying the conversion of any full time positions in House on Wednesday under the bill that we have raised the defense spend- support of the Army Reserve, Air Reserve, that was just passed. But if there is ing, which includes that, but none of Army National Guard, and Air National not this change, there is no reason for the increased expenditures we includ- Guard by Active or Reserve Military Per- sonnel, from civilian positions designated us to get out of conference, because ed in the Defense Department author- "military technicians" to military positions: the level of the existing continuing ization bill that we passed earlier this Provided further, That, except for Peace- resolution is approximately the level week. keeper MX missile production, no appro- of the House bill, and there is no Mr. HATFIELD. That is correct. priation or funds made available or author- reason to go to conference. Mr. EXON. I thank the Senator. ity granted pursuant to this subsection shall The House put its level in the con- The PRESIDING OFFICER. Is be used to initiate or resume any project, ac- tivity, operation or organization which is de- tinuing resolution, and we are putting there further debate? slightly below our level into it. In con- Mr. HATFIELD. Mr. President, I be- fined as any project, subproject, activity, budget activity, program element, and sub- ference, I am sure we will come out lieve the chairman of the Defense Ap- program within a program element, and for somewhere near what we intend. propriations Subcommittee, Mr. STE- investment items is further defined as a P-1 This is not a complicated amend- VENS, wants to be in a position to offer line item in a budget activity within an ap- ment. It is a numbers amendment, and an amendment to this committee propriation account and an R-l line item it does preserve our options in confer- amendment. which includes a program element and sub- ence to get a solution to this matter of I suggest the absence of a quorum. program element within an appropriation account, for which appropriations, funds or a continuing resolution. The PRESIDING OFFICER. The Mr. EXON. I inquire of the chair- clerk will call the roll. other authority were not available during the fiscal year 1983.". man of the Appropriations Committee: The assistant legislative clerk pro- Does he agree with and support the ceeded to call the roll. Mr. STEVENS. Mr. President, this amendment is designed to bring the amendment that has been offered by Mr. STEVENS. Mr. President, I ask the Senator from Alaska? unanimous consent that the order for spending rate and authority of the continuing resolution in line with the Mr. HATFIELD. What we have done the quorum call be rescinded. here is that I have, of course, as chair- The PRESIDING OFFICER. With- Senate-passed appropriations bill we man of the committee, to offer the it is so ordered. passed this week. It would propose the out objection, committee amendments. I offered the AMENDMENT NO. 2543 same spending rate that is in that bill. It is slightly below the final amount in committee amendment which was at (Purpose: Increase Defense spending rate to the time the committee marked up the conform to Senate-passed Defense appro- our Senate bill. It is $252 billion, and priations bill) we were slightly above that. CR we cited or we referenced the cur- Mr. STEVENS. Mr. President, I have It permits the initiation of the items rent CR level for the Defense bill. We a substitute for the committee amend- that are not in conference to continue. have acted, of course, on the Defense ment, which I send to the desk. There is nothing in this amendment appropriations matter here in the The PRESIDING OFFICER. The that was not approved by the Senate. Senate. As the Senator from Alaska amendment will be stated. As a matter of fact, as I say, it is says, they are going to conference. The bill clerk read as follows: slightly below the Senate level. We wanted to figure out the best parliamentary way to get to that par- The Senator from Alaska (Mr. STEVENS) Incidentally, we do not approve the proposes an amendment numbered 2543. things that are not in the House bill. ticular point we wanted to get to, and amend- I had to present the committee Mr. STEVENS. Mr. President, I ask For example, the chemical ment is not in the House bill, and amendment, and now he is offering unanimous consent that reading of the this amendment as a substitute to amendment be dispensed with. therefore it is not approved by this amendment. This amendment would raise that level. The PRESIDING OFFICER. With- I voted against the Defense appro- out objection, it is so or:dered. approve only those things which are not in conference, plus the money priations bill itself. I am just merely The amendment is as follows: level of the Defense bill, which is a acting here as a conduit from the com- In lieu of the language proposed to be in- level slightly below the bill we just mittee to the floor. serted by Sec. 101(a) of the Committee on passed. Mr. STEVENS. Mr. President, if the Appropriations amendments, insert the fol- questions, I Senator will yield for just one further lowing: If any Senator has any SEC. 101. (a) Pending enactment of the De- will be happy to answer them. response to the Senator's question, it partment of Defense Appropriation Act, Mr. EXON. Mr. President, will the is a good question. When this continu- 1984, such amounts as may be necessary for Senator yield for a question? ing resolution was before the Appro- continuing activities, not otherwise specifi- Mr. STEVENS. I yield. priations Committee the defense bill cally provided for elsewhere in this joint Mr. EXON. Mr. President, I ask the was still on the floor. I could not resolution, which were conducted in fiscal Senator from Alaska: What is the pos- frame this amendment then. So I year 1983, for which provision was made in sible reason for the amendment he has asked the committee to put in the bill the Department of Defense Appropriation Act, 1983, but such activities shall be funded offered? It seems to me that, as a key the last continuing resolution level at not to exceed an annual rate for new obli- member of the Appropriations Com- until we passed this bill on the floor to gational authority of $252,000,000,000, mittee, he would want to keep this as see what that result would be. which is an increase above the current rate, simple as possible, which he has been We are not putting the result of the and this level shall be distributed on a pro dealing with for hours. Senate's deliberations in the bill. It November 10, 1983, CONGRESSIONAL RECORD-SENATE 31951 will go to conference as it has in the tor voted for and it presents our originate it? The Senator from Alaska past. option. is an expert in his field. I trust him Had we passed that bill before we I might also say we intended origi- and his judgment on it. finished the continuing resolution I nally to be through the defense bill Mr. STEVENS. This is my amend- would have put the level in in the before this continuing resolution came ment. committee. up. When the Members with whom we Mr. STENNIS. I know. But who Mr. EXON. Mr. President, if the would have had to confer were tied up originated the idea of presenting this Senator will yield for a further ques- on the floor of the House when the now? tion, if I understand the procedure continuing resolution over there was Mr. STEVENS. I did. then that is taking place now it is that defeated we were not able to go to con- Mr. STENNIS. Yes. All right. the chairman of the Appropriations ference. We do not go to conference Mr. STEVENS. Because I told the Committee although he did not say it, until next Wednesday now. committee when in committee to use he indicated in his response to my last Mr. EXON. I thank the Senators the old figure and when we got to the question that he likely would not be in from Oregon and Alaska. floor I would attempt to put on the support of the amendment offered by Mr. STENNIS. Mr. President, will floor the result of the action of the the Senator from Alaska due to the the Senator from Alaska yield for a Senate in the Senate-passed defense fact that the chairman of the Appro- question? bill, and this is what we are doing, priations Committee voted against the Mr. STEVENS. I yield to my good what we said we would do at the time. Department of Defense authorization friend from Mississippi. I made that request to the committee bill. Is that correct? Mr. STENNIS. The Senator pro- when we were in committee on the Mr. HATFIELD. The Senator is cor- poses in here, as I read it, to increase continuing resolution. from $247 billion to $252 billion and, rect, but let me say that to go to con- Mr. STENNIS. All right. That is as I understand, this is based upon a good enough. The Senator from ference with the House of Representa- multiyear contract provision on the B- Alaska originated it. All right. That tives on this CR we should be as accu- 1 and the MX. Is that correct? the Senate's position satisfies me. rate in reflecting Mr. STEVENS. No; we just exempt as possible, and the substitute of the from this the problems of the B-1 and Mr. STEVENS. I did originate it. Senator from Alaska updates the posi- MX. They are in both bills, both the Mr. LEVIN. Mr. President, will my tion of the Senate. House bill and the Senate bill. They friend from Alaska yield for a ques- What I presented as a committee are not in conference. So we have not tion? bill, as the Senator said, was action changed that by virtue of this amend- Mr. STEVENS. I yield. taken before the Senate passed the ment. Mr. LEVIN. I understand the theory Defense bill on the floor. I voted Mr. STENNIS. Yes. of this which makes good sense to me against it then. I voted against the Mr. STEVENS. The money item is to update the position to the latest current level that is in the CR. the $252 billion. Senate statement of sentiment on this That is not the point. The point is Mr. STENNIS. Why is the need here question. The Senator made an excep- we have to get in position to go to con- now when it is only a few days until it tion on that, as I read his amendment, ference with the most accurate repre- will all be settled in conference in for the B-1 and MX. sentation of the latest Senate position. what I call the big appropriations bill? Mr. STEVENS. They are not in con- Mr. EXON. Mr. President, will the Why burden this bill now that is limp- ference. Senator yield for one further ques- ing along here with plenty of trouble Mr. LEVIN. There are a lot of other tion? when in just a few hours we would be items in the House bill that are not in Mr. HATFIELD. I yield. delinquent? Why burden this bill with conference either. Why use these two Mr. EXON. That may clarify that these matters here that are going to items? for a lot of Members of the Senate. If be settled in permanent law within Mr. STEVENS. Because if we do get the Members of the Senate remember just a few days or within a week per- stuck and do not get a bill, this will how they voted on the defense author- haps? We are already set for a confer- govern us through the period of the ization bill, and I was one of them who ence next Wednesday. continuing resolution and there are voted for it, then to be consistent I I do not want to take up time. But substantial savings involved in those assume that from that ground of con- why do this? Why call on the member- two items. sistency I would support the amend- ship to pass it? Mr. LEVIN. There are a lot of other ment that has been offered by the Mr. STEVENS. The old rate in the things that we do not want to jeopard- Senator from Alaska. Is that a fair as- old continuing resolution is the rate in ize besides those two items. I know sumption? the House bill. There is no incentive those two items have a lot of support Mr. HATFIELD. No; that is not cor- for them to come to conference when around here. rect. The Senator perhaps misspoke we go to conference with them next Mr. STEVENS. The House resolu- himself. He said the Senate authoriza- week if we have already passed a bill tion prohibits those two. We had to tion bill. It was not the defense au- that says that is the rate of spending change the House resolution to thorization. until next April. We have to raise it up comply with the Senate bill. The Mr. EXON. I am sorry. to approximately our level in order to House resolution which was just Mr. HATFIELD. It was a Senate ap- get to conference. We are approxi- passed prohibits the multiyear con- propriation bill. mately $5 billion above the House. If tracts, and the B-1 is already by virtue Mr. EXON. An appropriations bill, we put in the $247 billion figure we of the defense bill both in the House that is right. have no incentive for the House to and the Senate and not subject to that Mr. HATFIELD. Then if the Sena- really confer with us. We want to see a restriction. So we are carrying out the tor did misspeak himself he would be figure come out of the conference intent of both bills in that provision. correct. If he voted for the defense ap- which is approximately where we will Mr. LEVIN. Is that true also with propriation bill then he, of course, agree to. the MX exception which is written in would support it. I tell the Senator I think it is going here? Mr. EXON. Would it be consistent to to be somewhere around $249.5 billion. Mr. STEVENS. Yes; that is correct. support the amendment of the Sena- That is a normal reaction of conferees. Mr. LEVIN. Are those the only two tor from Alaska? Mr. STENNIS. This is not intended items which are so specified in the Mr. HATFIELD. That is right. to sound blunt. But did the Senator House bill? Mr. STEVENS. Mr. President, this is from Alaska originate this amendment Mr. STEVENS. Yes; that is correct. slightly lower than the bill the Sena- or did the Department of Defense Mr. LEVIN. All right. 31952 CONGRESSIONAL RECORD-SENATE November 10, 1983 I thank the Senator. At the end of the joint resolution insert: under the more restrictive authority, not- Mr. STEVENS. They are not the SEC. 110. (a) Notwithstanding any other withstanding section 10 of Public Law 91- only two items prohibited. They are provision of this joint resolution, for an in- 672, and section 15(a) of the State Depart- crease in the United States quota in the ment Basic Authorities Act of 1956, or any the only two items in current bills, International Monetary Fund, the dollar other provision of law: Provided, That such both the House and Senate and the equivalent of 5,310,800,000 Special Drawing terms and conditions shall be applied with- House appropriations bill that will Rights, to remain available until expended: out regard to the earmarkings, ceilings or affect the exemption restriction in the Provided, That such funds may be made transfers of funds contained in such Acts: continuing resolution. available for obligation only upon enact- Provided further, That reprograming no- I will be happy to show them to the ment of authorizing legislation. tices shall be as required under the provi- Senator if he wishes. (b) Notwithstanding any other provision sions of section 523 of Public Law 97-121: of this joint resolution, for an increase in Provided further, That notwithstanding the Does any other Senator have a ques- loans to the International Monetary Fund tion? provisions of this subsection making under the General Arrangements to amounts available or otherwise providing Again, Mr. President, this is merely Borrow, the dollar equivalent of for levels of program authority, the follow- carrying out the action of the Senate 4,250,000,000 Special Drawing Rights less ing amounts only shall be provided for the in passing the defense bill just 2 days $2,000,000,000 previously appropriated by following accounts or under the following ago. I will not ask for the yeas and the Act of October 23, 1962 (Public Law 87- headings: $138,423,983 for payment to the nays. I consider it to be a technical 872, 76 Stat. 1163), pursuant to the authori- "Inter-American Development Bank", of amendment to the bill. zation contained in section 17 of the Bret- which not more than $80,423,000 shall be The PRESIDING OFFICER. If ton Woods Agreement Act and merged with available for the Fund for Special Oper- this appropriation, to remain available until ations, as authorized by sections 26, 29, and there be no further debate on the expended: Provided, That such funds may of the Senator from 30 of the Inter-American Development amendment be made available for obligation only upon Bank Act, and not to exceed $1,230,964,704 Alaska, the question is on agreeing to enactment of authorizing legislation: Pro- in callable capital subscriptions; the amendment of the Senator from vided further, That official United States $700,000,000 for payment to the "Interna- Alaska. Government debt reschedulings of debtor tional Development Association"; The amendment (No. 2543) was countries shall be submitted to the Appro- $13,232,676 for payment to the "Asian De- agreed to. priations Committees of both Houses of velopment Bank"; and not to exceed Mr. STEVENS. Mr. President, I Congress. $251,377,943 in callable capital subscrip- move to reconsider the vote by which Mr. HATFIELD. Mr. President, this tions; $147,116,170 for payment to the the amendment was agreed to. committee amendment provides for "Asian Development Fund"; $17,986,678 for President, I move $8.4 billion for the International Mon- payment to the "African Development Mr. STENNIS. Mr. Bank" and not to exceed $53,960,036 in call- to lay this motion on the table. etary Fund, IMF. to the Senator from Wiscon- able capital subscriptions; $285,136,000 for The motion to lay on the table was I yield "International Organizations and Pro- agreed to. sin. grams", except that such funds shall be The PRESIDING OFFICER. The Mr. KASTEN. Mr. President, this is made available only in accordance with the question is on agreeing to the first- the IMF funding amount which the Report accompanying this joint resolution; degree amendment, as amended, of the committee had put in with the under- $212,231,000 for "Population, Development Senator from Oregon. standing that the authorizing confer- Assistance"; $133,405,000 for "Health, De- The amendment (No. 2542), as ence was nearly completed. We now, velopment Assistance": Provided further, was agreed to. unfortunately, have been informed That funds made available as loans to carry amended, out the provisions of sections 103 through Mr. STENNIS. Mr. President, I move the authorizing conference is not only completed but it is falling apart. 106 of the Foreign Assistance Act of 1961 to reconsider the vote by which the not shall remain available for obligation until amendment was agreed to. Therefore, the amendment is not ap- September 30, 1985; up to $20,000,000 of the Mr. STEVENS. Mr. President, I propriate. funds appropriated by this subsection to move to lay that motion on the table. I ask unanimous consent that the carry out the provisions of chapter 1 of part The motion to lay on the table was amendment be withdrawn. I are available for the "Private Sector Re- agreed to. The PRESIDING OFFICER. Is volving Fund" in accordance with the provi- Mr. STEVENS. Mr. President, I sug- there objection to the request? With- sions of section 405 of S. 1347, as reported: absence of a quorum. out objection, it is so ordered. $25,000,000 for "American schools and hos- gest the pitals abroad"; $103,000,000 for "Sahel de- AMENDMENT NO. 2545 The PRESIDING OFFICER. The velopment program"; $39,316,000 for "Pay- clerk will call the roll. Mr. HATFIELD. Mr. President, I ment to the Foreign Service Retirement and The assistant legislative clerk pro- send the next committee amendment Disability Fund"; $2,912,000,000 for the ceeded to call the roll. to the desk and ask for its immediate "Economic Support Fund", of which not Mr. EXON. Mr. President, I ask consideration. less than $910,000,000 shall be available for unanimous consent that the order for The PRESIDING OFFICER. The Israel, not less than $750,000,000 shall be the quorum call be rescinded. clerk will report the amendment. available for Egypt, not less than The PRESIDING OFFICER. With- The assistant legislative clerk read $15,000,000 shall be available for Cyprus, out objection, it is so ordered. as follows: and, notwithstanding section 660 of the For- eign Assistance Act of 1961, not less than AMENDMENT NO. 2544 The Senator from Oregon (Mr. HATFIELD) $3,000,000 shall be available for programs Mr. HATFIELD. Mr. President, I proposes an amendment numbered 2545. and projects in El Salvador to promote the send the next committee amendment Mr. HATFIELD. Mr. President, I ask creation of judicial investigative capabilities, to the desk and ask for its immediate unanimous consent that further read- protection for key participants in pending consideration. ing of the amendment be dispensed judicial cases, and modernization of penal The PRESIDING OFFICER. The with. and evidentiary codes; $46,200,000 for clerk will report the amendment. "Peacekeeping operations"; $37,000,000 for The PRESIDING OFFICER. With- "Operating expenses of the Agency for The assistant legislative clerk read out objection, it is so ordered. International Development", subject to the as follows: The amendment is as follows: limitation on transfers of funds into this ac- The Senator from Oregon (Mr. HATFIELD) On page 1, after line 2, insert the follow- count and payment for Foreign Affairs Ad- proposes an amendment numbered 2544. ing: ministrative Support contained in Public Mr. HATFIELD. Mr. President, I ask (c) Such amounts as may be necessary for Law 97-377; $22,000,000 for "Trade and De- unanimous consent that further read- continuing the activities under the purview velopment"; $46,645,000 for "International of the Foreign Assistance Appropriations narcotics control"; $12,000,000 for the ing of the amendment be dispensed Act as provided for in Public Law 97-377 "Inter-American Foundation"; not to exceed with. and Public Law 98-63, under the terms and $15,000,000 for gross obligations for the The PRESIDING OFFICER. With- conditions, and at the rate, provided for in amount of direct loans and not to exceed out objection, it is so ordered. those Acts or at the rate provided for in the $150,000,000 of contingent liability for total The amendment is as follows: budget estimates, whichever is lower, and commitments to guarantee loans for the November 10, 1983 CONGRESSIONAL RECORD-SENATE 31953 "Overseas Private Investment Corporation"; transmit to the Speaker of the House of grams for Syria authorized by such chapter, $113,500,000 for the "Peace Corps"; Representatives and the President of the Provided, That this shall not be construed $339,500,000 for "Migration and Refugee As- Senate a full and complete report which as- as permitting payments or reimbursements sistance"; $5,000,000 for "Anti-Terrorism As- sesses, with respect to each foreign country, of any kind to the Government of Syria. sistance" in accordance with the provisions the degree of support by the government of Of the funds appropriated or otherwise of title VI of S. 1347, as reported; each such country during the preceding made available directly pursuant to this $697,000,000 for necessary expenses to carry twelve-month period for the foreign policy joint resolution for El Salvador, 30 per out the provisions of section 503 of the For- of the United States. Such report shall in- centum shall be set aside and may not be eign Assistance Act of 1961, of which not clude, with respect to each such country expended until Salvadoran authorities have less than $230,000,000 shall be available which is a member of the United Nations, substantially concluded all investigative ac- only for Turkey; $56,532,000 for "Interna- information to be compiled and supplied by tions in the case of the national guardsmen tional Military Education and Training"; the Permanent Representative of the charged with murder in the deaths of the $1,395,000,000 for necessary expenses to United States to the United Nations, con- four United States churchwomen in Decem- carry out sections 23 and 24 of the Arms sisting of a comparison of the overall voting ber 1980 that were set forth in communica- Export Control Act, of which not less than practices in the principal bodies of the tions from the State Department, including $850,000,000 shall be available for Israel and United Nations during the preceding twelve- letters dated July 8 and September 23, 1983, not less than $545,000,000 shall be available month period of such country and the and Salvadoran authorities have brought for Egypt, for which each recipient shall be United States, with special note of the the accused to trial and have obtained a ver- released from its contractual liability to voting and speaking records of such country dict. States Government with on issues of major importance to the United repay the United None of the funds appropriated or other- participa- States in the General Assembly and the Se- respect to any such credits and wise made available under this subsection credits so provided ($1,700,000,000 curity Council, and shall also include a tions in may be available for any country during any of the amount provided for the total aggre- report on actions with regard to the United three-month period beginning on or after gate credit sale ceiling during the fiscal year States in important related documents such 1984 shall be available only to Israel, not as the Non-Aligned Communique. A full October 1, 1983, immediately following a less than $528,500,000 shall be available compilation of the information supplied by certification by the President to the Con- gress that the government of such country only for Greece, and not less than the Permanent Representative of the $525,000,000 shall be available only for United States to the United Nations for in- is failing to take adequate measures to pre- Turkey); $4,356,000,000 of contingent liabil- clusion in such report shall be provided as vent narcotic drugs or other controlled sub- ity for total commitments to guarantee an addendum to such report. None of the stances (as listed in the schedules in section loans under "Foreign Military Credit Sales" funds appropriated or otherwise made avail- 202 of the Comprehensive Drug Abuse and and under the authority of section 209 of S. able pursuant to this subsection shall be ob- Prevention Control Act of 1971 (21 U.S.C. 1347, as reported: Provided further, That of ligated or expended to finance directly any 812)) which are cultivated, produced, or the total aggregate credit sale ceiling made assistance to a country which the President processed illicitly, in whole or in part, in available to Israel, not less than finds, based on the contents of the report such country, or transported through such $300,000,000 shall be made available for re- required to be transmitted under this para- country from being sold illegally within the search and development activities in the graph, is engaged in a consistent pattern of jurisdiction of such country to United United States for the Lavi program and not opposition to the foreign policy of the States Government personnel or their de- less than $250,000,000 shall be made avail- United States. pendents or from entering the United States able for the procurement of defense articles None of the funds appropriated by this unlawfully. and defense services in Israel; not to exceed subsection may be available during the Amounts certified pursuant to section $325,000,000 are authorized to be made fiscal year in which payments are made out 1311 of the Supplemental Appropriations available for the "Special Defense Acquis- of the Treasury of the United States or any Act, 1955, as having been obligated against tion Fund"; and not to exceed $4,400,000,000 fund of a Government corporation, after appropriations heretofore made under the of gross obligations for the principal the date of enactment of this joint resolu- authority of the Foreign Assistance Act of amount of direct loans and $10,000,000,000 tion, under loan guarantees or credit assur- 1961, as amended, for the same general pur- of total commitments to guarantee loans ance agreements with respect to loans made pose as any of the subparagraphs under under "Export-Import Bank of the United or credits extended to Poland in the absence "Agency for International Development" in States", and not to exceed $16,899,000 shall of a declaration of default of Poland with prior appropriations Acts, are, if deobligat- be available for administrative expenses: respect to such loans or credits. ed, hereby continued available for the same Provided further, That of the amounts made None of the funds heretofore appropri- period as the respective appropriations in available in this subsection for "Internation- ated or otherwise made available for Syria such subparagraphs for the same general al disaster assistance", which amounts shall for the purposes of carrying out the provi- purpose and for the same country as origi- remain available until expended, $10,000,000 sions of chapter 4 of part II of the Foreign nally obligated or for relief, rehabilitation, shall be used only for earthquake relief and Assistance Act of 1961 shall be expended and reconstruction activities in the Andean reconstruction in southern Italy, which after the date of enactment of this joint res- region: Provided, That the Appropriations amount may be derived either from olution. The Administrator of the Agency Committees of both Houses of the Congress amounts appropriated to carry out the pro- for International Development is directed to are notified fifteen days in advance of the visions of section 491 of the Foreign Assist- terminate the economic assistance program deobligation or reobligation of such funds. ance Act of 1961 or from up to $10,000,000 to Syria and to deobligate all funds hereto- This subsection may be cited as the "For- of amounts heretofore appropriated pursu- fore obligated for assistance to Syria, except eign Assistance and Related Programs Ap- ant to chapter 4 of part II of such Act for that such funds may continue to be avail- propriations Act, 1984". hereby con- able to finance the training or studies out- Syria which are, if deobligated, Mr. HATFIELD. Mr. President, this tinued available for the purposes of section side of Syria of students whose course of 491 or for other programs for Italy consist- study or training program began before en- is the committee amendment that ent with sections 102 through 106 of such actment of this joint resolution. The Admin- deals with foreign operations. Act, and up to $15,000,000 of such deobligat- istrator of the Agency for International De- I yield to the Senator from Wiscon- ed amounts are hereby continued available velopment is authorized to adopt as a con- sin. and may be used for grant economic assist- tract of the United States Government, and Mr. KASTEN. Mr. President, the ance programs for Grenada, except that assume any liabilities arising thereunder (in question here is: Does the Senate such funds for Grenada may not be made whole or in part), any contract with a accept the Senate appropriations available for obligation unless the Appro- United States contractor which had been passed mark or the House appropria- priations Committees of both Houses of funded by the Agency for International De- Congress are previously notified 15 days in velopment prior to the date of enactment of tions passed mark? The committee advance: Provided further, That appropria- this joint resolution. Amounts certified pur- feels we should have the Senate ap- tions made available and authority provided suant to section 1811 of the Supplemental propriations mark as we go to confer- by this subsection shall remain available Appropriations Act, 1955, as having been ob- ence. I hope this amendment will be until September 30, 1984, notwithstanding ligated against appropriations heretofore adopted. section 102 of this joint resolution. made pursuant to chapter 4 of part II of the The PRESIDING OFFICER. Is Not later than January 31 of each year, or Foreign Assistance Act of 1961 (and prede- there further debate of the amend- at the time of the transmittal by the Presi- cessor legislation) for Syria are hereby con- dent to the Congress of the annual presen- tinued available until expended to meet nec- ment? If not, the question is on agree- tation materials on foreign assistance, essary expenses arising from the termina- ing to the amendment of the Senator whichever is earlier, the President, shall tion under this subsection of assistance pro- from Oregon (Mr. HATFIELD). 31954 CONGRESSIONAL RECORD-SENATE November 10, 1983 The amendment (No. 2545) was Guard and Reserve Equipment Procure- CR the conference level on the agri- agreed to. ment. cultural appropriations bill. Mr. KASTEN. Mr. President, I move Mr. HATFIELD. Mr. President, Mr. EAGLETON. Mr. President, the to reconsider the vote by which the when we passed the Labor-HHS ap- continuing resolution now before the amendment was agreed to. propriation bill, there were certain Senate will support the activities Mr. GARN. I move to lay that programs at that time which were not funded by the agriculture, rural devel- motion on the table. authorized. What we are doing in the opment and related agencies appro- The motion to lay on the table was committee amendment just read is to priations bill at the level provided for agreed to. provide for current level funding for in the conference agreement on H.R. AMENDMENT NO. 2546 such programs that are now subse- 3223, House Report 98-450. I would Mr. HATFIELD. Mr. President, I quently authorized. That is the com- like to take this opportunity to discuss send the next committee amendment mittee amendment, to keep those pro- a few of the details of that agreement. to the desk and ask for its immediate grams going. I should preface my remarks, howev- consideration. The PRESIDING OFFICER. Is er, by noting that the administration The PRESIDING OFFICER. The there further debate? If not, the ques- has indicated that they do not support clerk will report. tion is on agreeing to the amendment the conference agreement, that it The assistant legislative clerk read of the Senator from Oregon (Mr. HAT- busts the budget, and that it provides as follows: FIELD). too much for the programs funded by The amendment (No. 2546) was that bill. The Senator from Oregon (Mr. HATFIELD) proposes an amendment numbered 2546. agreed to. Mr. President, my colleagues should Mr. HATFIELD. Mr. President, I know that the conference agreement Mr. HATFIELD. Mr. President, I ask move to reconsider the vote by which is not a budget buster. In fact, the con- unanimous consent that further read- the amendment was agreed to. ference agreement reflects a reduction ing of the amendment be dispensed Mr. STENNIS. I move to lay that of $7.6 billion below the level appro- with. motion on the table. priated for the activities of the De- The PRESIDING OFFICER. With- The motion to lay on the table was partment of Agriculture and related out objection, it is so ordered. agreed to. agencies in fiscal year 1983. Even The amendment is as follows: NO. 2547 taking into account all of the later re- On page 1, after line 2, insert the follow- AMENDMENT Mr. HATFIELD. Mr. President, I quirements the Senate Budget Com- ing: mittee could come up with for the bill, (d) Notwithstanding any other provision send the next committee amendment of this joint resolution, such amounts as to the desk and ask for its immediate the conference agreement is $200 mil- may be necessary for continuing the follow- consideration. lion in budget authority below our al- ing activities, not otherwise provided for in The PRESIDING OFFICER. The location under the budget resolution. this joint resolution, which were conducted clerk will report the amendment. What President Reagan wants, Mr. in the fiscal year 1983, under the terms and The assistant legislative clerk read President, is that we enact his budget conditions provided in applicable appropria- as follows: request, which would be a disaster for tion Acts for the fiscal year 1983, at the cur- The Senator from Oregon (Mr. HATFIELD) many programs. rent rate: In case my colleagues have forgotten Health planning activities authorized by proposes an amendment numbered 2547. title XV of the Public Health Service Act; Mr. HATFIELD. Mr. President, I ask what the President's budget called for, National Research Service Awards author- unanimous consent that further read- let me illustrate with a few highlights ized by section 472(d) of the Public Health ing of the amendment be dispensed and then describe how the conference Service Act; with. approached these issues. We have National Arthritis Advisory Board, Na- The PRESIDING OFFICER. With- heard time and time again from the tional Diabetes Advisory Board, and Nation- Secretary of Agriculture that this ad- al Digestive Diseases Advisory Board au- out objection, it is so ordered. The amendment is as follows: ministration has placed a high priority thorized by section 437 of the Public Health on stemming soil erosion on our Na- Service Act; On page 1, after line 2, insert the follow- Medical Library Assistance programs au- ing: tion's farms. The President's budget thorized by title III of the Public Health (e) Notwithstanding any other provision called for a 74-percent reduction in the Service Act; of this joint resolution, except section 102, conservation cost share programs of Refugee and entrant assistance activities such sums as may be necessary for pro- the Agricultural Stabilization and under the provisions of title IV of the Immi- grams, projects, or activities provided for in Conservation Service and a substantial gration and Nationality Act, title IV and the Agriculture, Rural Development and reduction in the programs of the Soil part B of title III of the Refugee Act of Related Agencies Appropriation Act, 1984 Conservation Service. No one who is in the 1980, and sections 501(a) and (b) of the Ref- (H.R. 3223), to the extent and serious about getting the soil erosion ugee Education Assistance Act of 1980: Pro- manner provided for in the conference vided, That such funds may be expanded report and joint explanatory statement of problem on our farms under control for individuals who would meet the defini- the Committee of Conference (House could possibly support the President's tion of "Cuban and Haitian entrant" under Report Number 98-450), filed in the House budget levels. section 501(e) of the Refugee Education As- of Representatives on October 27, 1983, as if The conference agreement provides sistance Act of 1980 but for the application such Act had been enacted into law. a total of $813,056,000 to fund the con- of paragraph (2)(B) thereof: Provided fur- Mr. HATFIELD. Mr. President, this servation programs of the Soil Conser- ther, That none of the funds made available committee amendment is to reference vation Service and the Agricultural under this joint resolution may be used to implement any administratively proposed in the CR the agriculture appropria- Stabilization and Conservation Serv- block grant, per capita grant, or similar con- tion measure at the conference report- ice. This represents a reduction of solidation of the Refugee Resettlement Pro- ed level. As you know, the Senate and $118,998,000 from the fiscal year 1983 gram, or to distribute any funds under any the House have both passed an agri- program level and a slight 2-percent such administrative proposal; culture appropriations measure. The increase over fiscal year 1982 level. I Child abuse prevention and treatment and House and the Senate have gone to should point out that the jobs bill sig- adoption opportunities activities authorized conference on that. That conference nificantly increased the funding of the by the Child Abuse Prevention and Treat- has not been completed, or at least it soil conservation programs in fiscal ment Act; Activities under the Domestic Volunteer has not been brought back to report year 1983 over their traditional levels. Service Act of 1973, as amended; and because there has not been an agree- The conference agreement basically Activities of the Department of Defense, ment reached with the executive freezes these programs at the level Army National Guard and Army Reserve branch of Government. So what we originally appropriated for fiscal year Operation and Maintenance and National are doing is we are referencing in this 1983. November 10, 1983 CONGRESSIONAL RECORD-SENATE 31955 Mr. President, as you well know, U.S. for the period through July 10, 1984, cities and other areas and by reports of agriculture is preeminent in the world. representing an annual appropriation large increases in the number of persons This preeminence is due mostly to the level of $1.36 billion. The remaining seeking aid at soup kitchens and food pan- dedication of our family farmers, but $300 million of the full-year appro- tries. Recent reports indicate that many of the excellent agricultural research and priation will be provided in a supple- those seeking aid are persons whose food extension programs which develop mental. stamps are running out before the end of the month. The Committee directs the Sec- new technologies and extend those Reports from USDA and the States retary not to make changes in the proce- technologies to farmers have given our now show that the year-end WIC case- dures for calculating household food stamp family farmers an edge that most load is about 2.95 million persons-and allotments that would reduce the amount of farmers in the world envy. Under the that approximately $1.4 billion in total food stamps that eligible households are President's budget, funding for the sci- funding will be needed to sustain this provided. ence and education activities of USDA caseload level throughout fiscal year This directive is of considerable im- would have been cut by almost $50 1984. The appropriation of $1.36 bil- portance. The Secretary is clearly di- million. The President is asking that lion, plus funds carried over from rected not to reduce we endorse this reduction in funding fiscal year 1983, should be sufficient to benefits. This for agricultural science and education meet this need. As we noted in the means, for example, that the Secre- activities. I, for one, think such pro- Senate committee report on H.R. 3223, tary is not to reduce benefits for posals are shortsighted, especially if the Secretary is required to recover households of various sizes by altering we have any hope of continuing to be and reallocate carry-over funds as ex- the economy-of-scale factors used in the breadbasket of the world or any peditiously as possible and to distrib- calculating household allotment levels. desire to return profit to our farms. ute these funds in addition to the In addition, it means that the Secre- The conference agreement provides a $1.36 billion annual appropriation tary is not to make such changes as 4.5-percent increase for the science level that is anticipated. Any attempt counting a portion of State and local and education activities of the Depart- to delay the distribution of carry-over energy assistance payments as income ment of Agriculture. funds, which should begin to be redis- and thereby reducing the calculated I am pleased that the conference tributed as soon as they can be recov- allotments for some households receiv- agreement provides $5 million to initi- ered, would be in violation of the clear ing this aid. ate a graduate fellowship grant pro- intent of the legislation and of the I was disturbed, as I am sure many gram. This program will assist in the Senate and the House Committees on other Senators were, to read press re- training of the scientists of the future Appropriations. ports recently that the Department is and will help insure that the human At the time the Senate considered considering radical revisions in food resources necessary to continue the this legislation, it was estimated that stamp regulations that would have the advancement of U.S. agriculture will the end-of-fiscal year 1983 participa- effect of reducing benefits for numer- continue to be available. tion would be about 2.8 million. The ous households while potentially in- About 3 months ago, President Senate bill included language requir- creasing administrative costs and pa- Reagan pronounced his concern over ing that no less than 2.8 million per- perwork at the same time. The regula- the problem of hunger in America. sons be served by the program. Be- tions, as they have been presented in The President stated: cause participation now exceeds that the recent press accounts, would con- I am fully committed to feeding the poor level, the conferees dropped the flict with the directive of the Appro- people of this Nation. Senate language and will expect that priations Committee. I trust the Secre- However, if one were to look at the participation will be maintained as tary will take this into account and President's budget for the nutrition close to the end-of-fiscal year 1983 that he will not proceed with plans to programs, which he is insisting that level as would be possible utilizing issue these regulations. we support, one would quickly see that $1,360,000,000 of appropriated funds Earlier this year, the President en- his budget is devoted more to the dis- plus carry-over funds from fiscal year dorsed congressional efforts to insure mantlement of the nutrition programs 1983. that additional Government-owned than to feeding the poor of our Finally, I would reiterate the direc- surplus commodities were distributed Nation. tive in the Senate committee report to the poor throughout our Nation. Let us just look at the special sup- that the full $1.06 billion is intended Public Law 98-92 extended the Tempo- plemental feeding program for women, for use in the October 1 to July 10 rary Emergency Food Assistance Act an ex- period. Any action by USDA, OMB, or infants, and children (WIC) as of 1983 and authorized additional sup- ample of this. The President's budget States to reduce participation and port for the costs of local commodity proposed supporting a 2.1 million par- spread these funds beyond July 10, distribution efforts. The conference ticipation level in this program which 1984 would be contrary to the intent provides food supplements for preg- of this legislation. agreement provides $50 million, the nant women, infants and children who The conference report fully funds same as fiscal year 1983, to support have been determined to be at nutri- the food stamp program through Sep- commodity distribution efforts. How- tional risk. If the Congress were to tember 6, 1984. If a supplemental is ever, these funds will become available accept the President's proposal, almost needed to maintain full funding only when the President submits a 900,000 participants-and again these through the end of the fiscal year, budget request for the commodity dis- are people who have been determined which will depend largely on what tribution program. If the President by a health professional to be at nutri- happens to the unemployment rate in truly supports surplus commodity dis- tional risk-would have to be removed the months ahead, then we will pro- tribution, as he has indicated that he from the program. If the President is vide it. does, he will request these funds. sincere in his concern over the nutri- Both the Senate and the House Ap- Mr. President, the conference agree- tional status of the poor, why is he propriations Committees clearly ment is basically a current services ap- asking that the Congress approve the intend to maintain full funding in the proach to the nutrition programs. removal of 900,000 pregnant women, food stamp program. We recognize Fully funding this current services ap- infants, and children from the WIC how unfortunate further reductions in proach results in an actual decline in program? food stamps would be at this time. To the funding required for nutrition pro- I am pleased that the conference this end, I would like to reemphasize a grams by over $800 million below the agreement provides an appropriation key passage in the Senate Committee fiscal year 1983 budget. I hasten to level sufficient to maintain the fiscal report: add that should the employment pic- year 1983 year-end WIC caseload. The The Committee is concerned about re- ture improve as the President keeps $1.06 billion is appropriated for WIC portls of growing problems of hunger in indicating it will, the funding require- 31956 CONGRESSIONAL RECORD-SENATE November 10, 1983 ments of the nutrition programs will the Commerce, Justice, and State, the Judi- in New Mexico to represent private decline even further. ciary, and Related Agencies Appropriation litigants in a water case in New The hit list of the President's budget Act, 1984 (H.R. 3222), to the extent and in Mexico. the manner provided for in the conference goes on and on, Mr. President-virtual report and joint explanatory statement of Is it the feeling of the chairman that elimination of the FmHA rural hous- the Committee of Conference (House the matter would be better addressed ing program, cutting the rural electri- Report Number 98-478), filed in the House at that point, as far as the Senator fication and telephone programs, re- of Representatives on November 3, 1983, as from Montana is concerned, in object- ducing the animal and plant health in- if such Act had been enacted into law. ing to that appropriation? spection programs-this is what Presi- Mr. HATFIELD. Mr. President, this Mr. HATFIELD. It would be better dent Reagan has asked that we en- does precisely the same thing for the dealt with on the conference agree- dorse when he asks that we reject the Commerce appropriations bill. Action ment we negotiate out. Yes, that conference agreement and accept his on that bill has not been completed, would be the better place. budget for fiscal year 1984 for the pro- and we are referencing that in the CR Mr. MELCHER. I note that the grams funded in the agriculture bill. at the conference level. chairman has stated that the confer- Mr. President, the As I said before, Mr. MELCHER. Will the chairman ence report will be called up on Tues- conference agreement is $7.6 billion yield? day. Is that a certainty? below the fiscal year 1983 funding Mr. HATFIELD. I am happy to yield level for this bill. We are under our al- Mr. HATFIELD. It is a privileged to the Senator from Montana. matter. It can be called up anytime. location for budget authority by about Mr. MELCHER. Does the amend- That would be the plan, to do so, yes. $200 million. We have not come close ment contain Commerce-State-Justice That is the leadership prerogative. even to keeping up with inflation. as passed by the All appropriations I am saying That is not enough for the President- Senate; and what is the status of the is that as chairman of the cut research, cut extension, cut soil conference report? committee I have urged the leadership conservation, cut nutrition programs- Mr. HATFIELD. I would say to the and they have been very responsive to that is what the President wants. Senator from Montana that we are make any appropriations matter the I believe it is unfortunate that the going to have a conference report on pending business, to get it up and get Reagan administration has decided to the Commerce bill before the Senate it acted upon so we can keep the ap- make this its policy. Certainly with a next Tuesday. At that time, the Sena- propriations process moving. vote of 77 to 18 in favor of the agricul- tor will have an ample opportunity to Mr. MELCHER. I would not object, ture bill in the Senate, it is clear that handle this matter relating to the and, as a matter of fact, I would agree this is not the policy of the Congress legal fees-I believe that is what the that the debate on that single item of on these issues. Senator from Montana is concerned $450,000 would be more appropriate at I am pleased that we have folded the about-in New Mexican Indian cases. that time. conference agreement into this con- Mr. MELCHER. If the chairman will Might I ask the chairman if he tinuing resolution for the full fiscal yield further, does not the reference would have any objection to removing year and I urge my colleagues to sup- to the conference report in the amend- that item from this continuing resolu- port it. ment reference it as it was reported to tion? The PRESIDING OFFICER. Is the House? Mr. HATFIELD. Yes, I would say I there further debate? If not, the ques- Mr. HATFIELD. That is correct. would. Do you mean as the chairman tion is on agreeing to the amendment Mr. MELCHER. And has not the would I object? of the Senator from Oregon (Mr. HAT- conference report been acted upon by Mr. MELCHER. To be more precise, FIELD). the House and passed and the papers would the chairman accept an amend- The amendment (No. 2547) was are now at the desk? ment removing the $450,000 item from agreed to. Mr. HATFIELD. That is correct. the continuing resolution until we Mr. HATFIELD. Mr. President, I Mr. MELCHER. Is there some have the conference report on Tues- move to reconsider the vote by which reason, then, for referencing as report- day? the amendment was agreed to. ed to the House rather than the con- Mr. HATFIELD. I would say to the Mr. STENNIS. I move to lay that ference as it lies on the desk? Senator no, I could not do that. I do Mr. HATFIELD. The CR that each motion on the table. not believe I could unilaterally agree body acts on attempts to reflect the The motion to lay on the table was to that after the Senate has worked its most recent action of that particular agreed to. will. I am in a position now of trying body. What we are doing here is AMENDMENT NO. 2548 to reflect the Senate's position, not to Mr. HATFIELD. Mr. President, I merely reflecting the most recent action of the Senate. Then that recreate a new position. send the next committee amendment Mr. MELCHER. I thank the chair- to the desk and ask for its immediate matter, of course, if there are differ- ences in that with the House, we will man. If I could inquire further, do I consideration. understand that it is the intent of the The PRESIDING OFFICER. The have to negotiate that out in confer- ence with the House on the CR vehi- majority leader that the chairman will clerk will report the amendment. be allotted time to call up the confer- assistant legislative clerk read cle. The ence report on the Commerce, State, as follows: But, in all cases where the Appro- Justice appropriations bill by Wednes- The Senator from Oregon (Mr. HATFIELD) priations Committee organizes and or- proposes an amendment numbered 2548. chestrates a CR, we diligently follow day? Mr. HATFIELD. That is my under- Mr. HATFIELD. Mr. President, I ask the principle of trying to reflect the Senate's most recent action. standing of the timing of that appro- unanimous consent that further read- priations matter, that it will be called ing of the amendment be dispensed Mr. MELCHER. I thank the chair- man for that comment. It is consistent up on Tuesday of next week. It may be with. Wednesday. Certainly, it will be early The PRESIDING OFFICER. With- with what the chairman had respond- ed in presenting other amendments. next week. One of the reasons we out objection, it is so ordered. could not call it up earlier is because The amendment is as follows: So I compliment him on that. Yesterday on this floor we were dis- the Appropriations Committee is On page 1, after line 2, insert the follow- ing: cussing the question of the conference going to conference with the House on (f) Notwithstanding any other provision committee report with regard to a Monday on the supplemental. The of this joint resolution, except section 102, matter of only $450,000 which is to be leadership indicated to me that they such sums as may be necessary for pro- appropriated for expenditure by the would call it up on the very next day grams, projects, or activities provided for in Justice Department to pay attorneys possible to work it into our schedule. November 10, 1983 CONGRESSIONAL RECORD-SENATE 31957 Mr. MELCHER. I thank the Sena- report on the appropriations for the Mr. KASTEN. Mr. President, we tor. Justice Department, does indeed put have adopted the Senate version. I ask Mr. President, the question I am the Senate in the position of again en- unanimous consent that it be in order concerned with in the appropriations dorsing what I consider to be the very to amend the Senate version having to conference report on Commerce, inappropriate appropriation. do with the technical language of one State, Justice is the item of $450,000 Mr. President, I shall, at the time of the sections of the bill. to be paid from Justice Department the conference report is called up on The PRESIDING OFFICER. Is funds without any guidelines, without the State, Justice, Commerce appro- there objection to the request of the any authorization by Congress, to pay priations bills, renew my argument Senator from Wisconsin? attorneys in Albuquerque for their against it. I will no longer utilize time Without objection, it is so ordered. fees for representing some private citi- in this discussion on this bill. I yield The PRESIDING OFFICER. The zens in a water lawsuit. the floor. clerk will state the amendment. The Justice Department noted at The PRESIDING OFFICER. Is The legislative clerk read as follows: the time of the consideration of the there further debate on the amend- in the conference committee The Senator from Wisconsin (Mr. KASTEN) matter ment? proposes an amendment numbered 2550. that it was an unusual procedure-and If not, without objection, the amend- On Page 5, line 1, strike the word "for" that is putting it, I might add paren- ment is agreed to. and all that follows through the word thetically, very mildly-it is a very un- The amendment (No. 2548) was "Israel" and before the semicolon on line 3, usual procedure. agreed to. and insert in lieu thereof: "and not less than The Justice Department further rec- Mr. STEVENS. I move to reconsider $250,000,000 shall be made available for the ommended that guidelines be estab- the vote by which the amendment was procurement of defense articles and defense lished if such amounts were to be ap- agreed to. services in Israel for the Lavi program". propriated, instructing them on how Mr. HELMS. I move to lay that Mr. KASTEN. Mr. President, in a they were to be expended and under motion on the table. sense, what we are doing is substitut- what terms and conditions. That was The motion to lay on the table was ing the language "and not less than not done. agreed to. $250 million shall be made available The Justice Department further AMENDMENT NO. 2549 for the procurement of defense arti- noted that there was some question as Mr. STEVENS. Mr. President, I send cles," and so on, specifying that it be to whether or not the U.S. Govern- the next committee amendment to the for a particular program. ment should be paying these private desk and ask for its immediate consid- The PRESIDING OFFICER. Is attorneys to represent private litigants eration. there further debate? in this lawsuit. The PRESIDING OFFICER. The The question is on agreeing to the The PRESIDING OFFICER. If the clerk will report. amendment. Senator from Montana will suspend, The legislative clerk read as follows: The amendment (No. 2550) was Senate the Senate is not in order. The The Senator from Alaska (Mr. STEVENS) agreed to. will please come to order. proposes an amendment numbered 2549. Mr. KASTEN. I move to reconsider The Senator from Montana. the vote. Mr. MELCHER. They further noted Mr. STEVENS. Mr. President, I ask unanimous consent that further read- Mr. STEVENS. I move to lay that in this Justice Department letter motion on the table. signed by the Attorney General that ing of the amendment is dispensed with. The motion to lay on the table was there was some question whether or agreed to. not the State of New Mexico should The PRESIDING OFFICER. With- pay these fees, if not paid by private out objection, it is so ordered. AMENDMENT NO. 2551 parties. The amendment is as follows: Mr. STEVENS. Mr. President, I send In sum and substance, what the Jus- On page 2, strike out all following "SEC. to the desk the next committee tice Department has noted is that this 102." page 17, line 19 inclusive. amendment. is a highly unusual appropriation, to Mr. STEVENS. Mr. President, this The PRESIDING OFFICER. The pay attorneys representing private liti- takes out the old foreign operations clerk will state the amendment. gants in a lawsuit where the United language of the House. We have al- The legislative clerk read as follows: States is involved, and also paying the ready adopted the Senate provision. The Senator from Alaska (Mr. STEVENS) fees for the necessary defense of the Therefore, it really is a technical ques- proposes an amendment numbered 2551. rights of the four pueblos who are in- tion. I assume my friend from Wiscon- At the end of the joint resolution insert: volved in this lawsuit on the other sin would agree. Appropriations and funds made available granted pursuant to this joint side. The Justice Department, of Mr. KASTEN. Mr. President, I agree and authority with the Senator from Alaska. This resolution shall be available from November course, is only reflecting a require- 10, 1983, and shall remain available until (a) ment that the trust responsibility amendment is really a technical wrap- enactment into law of an appropriation for placed on the United States be carried up to what we have already done by a any project or activity provided for in this out with regard to rights involving previous amendment. joint resolution, or (b) enactment of the ap- these Indian pueblos. Mr. STEVENS. Mr. President, I plicable appropriation Act by both Houses I think, Mr. President, it is a matter move the adoption of the amendment. without any provision for such project or worth further discussion in the Senate The PRESIDING OFFICER. Is activity, or (c) September 30, 1984, whichev- before the adoption of the conference there further debate? The question is er first occurs. report on that appropriations bill. on agreeing to the amendment. Mr. STEVENS. Mr. President, this is With the assurance of the chairman of The amendment (No. 2549) was an amendment intended to put the the Appropriations Committee of the agreed to. Senate date in the resolution as op- Senate that the conference report will Mr. STEVENS. I move to reconsider posed to the House date. be called up on a privileged motion the vote by which the amendment was The PRESIDING OFFICER. The next Tuesday or Wednesday, I shall agreed to. question is on agreeing to the amend- not delay this continuing resolution Mr. KASTEN. I move to lay that ment. with further arguments against the motion on the table. The amendment (No. 2551) was practicality and legality and propriety The motion to lay on the table was agreed to. of appropriating such money to pay agreed to. Mr. STEVENS. I move to reconsider attorneys fees. AMENDMENT NO. 2550 the vote. I do note that this continuing resolu- Mr. STEVENS. Mr. President, I yield Mr. KASTEN. I move to lay that tion, by referencing that conference to the Senator from Wisconsin. motion on the table. 31958 CONGRESSIONAL RECORD-SENATE November 10, 1983 The motion to lay on the table was ing resolution, carried on into the next Mr. STEVENS. Mr. President, this agreed to. resolution. takes care of the GSA building fund AMENDMENTNO. 2552 The PRESIDING OFFICER (Mr. according to the line items in the Mr. STEVENS. Mr. President, I send BOSCHWITZ). Is there further debate? House-passed or the Senate-passed to the desk a committee amendment. If not, the question is on agreeing to bill. It is a normal provision in the The PRESIDING OFFICER. The the amendment. Senate bill. I ask for its adoption. amendment will be stated. The amendment (No. 2553) was The PRESIDING OFFICER. Is The legislative clerk read as follows: agreed to. there further debate? Mr. STEVENS. I move to reconsider The question is on agreeing to the The Senator from Alaska (Mr. STEVENS) proposes an amendment numbered 2552. the vote by which the amendment was amendment. At the end of the joint resolution, insert: agreed to. The amendment (No. 2555) was SEc. 103. Appropriations made and author- Mr. KASTEN. I move to lay that agreed to. ity granted pursuant to this joint resolution motion on the table. Mr. KASTEN. Mr. President, I move shall cover all obligations or expenditures The motion to lay on the table was to reconsider the vote by which the incurred for any project or activity during agreed to. amendment was agreed to. the period for which funds or authority for AMENDMENT NO. 2554 Mr. STEVENS. I move to lay that such project or activity are available under motion on the table. this joint resolution. Mr. STEVENS. Mr. President, I send SEC. 104. Expenditures made pursuant to a committee amendment to the desk The motion to lay on the table was this joint resolution shall be charged to the and ask for its immediate consider- agreed to. applicable appropriation, fund, or authori- ation. AMENDMENT NO. 2556 zation whenever a bill in which such appli- The PRESIDING OFFICER. The Mr. STEVENS. Mr. President, I send cable appropriation, fund, or authorization amendment will be stated. a committee amendment to the desk is contained is enacted into law. The legislative clerk read as follows: SEC. 105. No provision in any appropria- and ask for its immediate consider- tion Act for the fiscal year 1984 referred to The Senator from Alaska (Mr. STEVENS) ation. in section 101 of this joint resolution that proposes an amendment numbered 2554. The PRESIDING OFFICER. The makes the availability of any appropriation At the end of the joint resolution, insert: amendment will be stated. SEC. 107. All obligations incurred in antici- provided therein dependent upon the enact- The legislative clerk read as follows: ment of additional authorizing or other leg- pation of the appropriations and authority provided in this joint resolution for the pur- The Senator from Alaska (Mr. STEVENS) islation shall be effective before the date set proposes an amendment numbered 2556. forth in section 102(c) of this joint resolu- poses of maintaining the minimum level of tion. essential activities necessary to protect life Mr. STEVENS. Mr. President, I ask and property and bringing about orderly unanimous consent that further read- Mr. STEVENS. Mr. President, this is termination of other functions are hereby ing be dispensed with. the boilerplate language of past bills ratified and confirmed if otherwise in ac- and continuing resolutions from the cordance with the provisions of this joint The PRESIDING OFFICER. With- Senate going into conference. resolution. out objection, it is so ordered. The PRESIDING OFFICER. Is Mr. STEVENS. Mr. President, this is The amendment is as follows: there further debate on the amend- a similar provision to what the Senate At the end of the joint resolution insert: ment? has insisted on in the past dealing SEC. 109. Section 110 of Public Law 98-107 is amended by (a) amending subsection (a) The question is on agreeing to the with the protection of life and proper- to read as follows: amendment. ty in the normal wind-down of pro- (a) Notwithstanding any other provision The amendment (No. 2552) was grams, notwithstanding the continu- of law, no part of any of the funds appropri- agreed to. ing resolution. I ask for its adoption. ated for the fiscal years ending September Mr. STEVENS. I move to reconsider The PRESIDING OFFICER. Is 30, 1984, or September 30, 1985, by this Act the vote by which the amendment was there further debate? or any other Act, may be used to pay any agreed to. The question is on agreeing to the prevailing rate employee described in sec- Mr. KASTEN. I move to lay that amendment. tion 5342(a)(2)(A) of title 5, United States The amendment (No. 2554) was Code, or any employee covered by section motion on the table. 5348 of that title, in an amount- The motion to lay on the table was agreed to. (1) during the period from October 1, agreed to. Mr. STEVENS. I move to reconsider 1983, until the first day of the first applica- AMENDMENT NO. 2553 the vote. ble pay period that begins not less than Mr. KASTEN. I move to lay that ninety days after the Mr. STEVENS. Mr. President, I send date that the next ap- motion on the table. plicable wage survey adjustment would have a committee amendment to the desk The motion to lay on the become effective were it not for this para- and ask for its immediate consider- table was agreed to. graph, which exceeds the rate which was ation. payable for the applicable grade and step of The PRESIDING OFFICER. The AMENDMENT NO. 2555 the applicable wage schedule on September amendment will be stated. Mr. STEVENS. Mr. President, I send 30, 1983, in accordance with section 107(a) The legislative clerk read as follows: a committee amendment to the desk of Public Law 97-377; and The Senator from Alaska (Mr. STEVENS) and ask for its immediate consider- (2) during the period consisting of the re- proposes an amendment numbered 2553. ation. mainder, if any, of the fiscal year ending At the end of the joint resolution, insert: The PRESIDING OFFICER. The September 30, 1984, and that portion of the SEC. 106. Notwithstanding any other pro- fiscal year ending September 30, 1985, amendment will be stated. which precedes the normal effective date of vision of this joint resolution except section The legislative clerk read as follows: 102, there are appropriated to the Postal the applicable wage survey adjustment, ef- Service Fund sufficient amounts so that The Senator from Alaska (Mr. STEVENS) fective in that fiscal year, which exceeds, as proposes an amendment postal rates for all preferred-rate mailers numbered 2555. a result of a wage survey adjustment re- At the end of the covered by section 3626 of title 39, United joint resolution insert: ferred to in paragraph (1) of this age of the States Code, shall be the rates at step 15 of SEC. 108. Notwithstanding any other pro- adjustment in the General Schedule during vision of this joint resolution, the rate phasing schedules as they existed funds avail- the fiscal year ending September 30, 1984. able to the Federal on September 1, 1982: Provided, That mail Building Fund within (b) striking "the date of enactment of this the General Services for overseas voting and mail for the blind Administration may be Act" in subsection (b) and inserting in lieu used to initiate shall continue to be free: Provided further, new construction, purchase, thereof "October 1, 1983"; advance design, and repairs and alteration That six-day delivery and rural delivery of (c) striking "fiscal year ending September mail shall continue at the 1983 level. line-items projects which are included in the 30, 1984" in subsection (c) and inserting in Treasury, Postal Service and General Gov- lieu thereof "period beginning on October 1, Mr. STEVENS. Mr. President, this is ernment Appropriation Act, 1984, as passed 1983, and ending on the normal effective the language of the previous continu- by the House or as reported to the Senate. date of the applicable wage survey adjust- November 10, 1983 CONGRESSIONAL RECORD-SENATE 31959 ment effective in the fiscal year ending Sep- make the RECORD as directed by the Mr. STEVENS. But as chairman of tember 30, 1985"; committee, and now, Mr. President, I the subcommittee involved, he now (d) striking "after the date of enactment ask that the amendment be with- has instructed the chairman, and I am of this Act" in subsection (e) and inserting drawn. in lieu therof "on or after October 1, 1983; carrying out that request, to not and Mr. BYRD. Mr. President, what is present this amendment because of (e) inserting the following new subsection this amendment about? the understanding that has been at the end thereof: Mr. STEVENS. The amendment is reached on the subject, and with the (h) Notwithstanding the delay in adjust- for the low-income energy assistance, prior action of the Senate on the ments of wage schedules and rates imposed and it is at a level that was higher Wright amendment it would be con- as a part of the limitations imposed by this than in the existing continuing resolu- sistent. section, if the adjustment in General Sched- tion. It is my understanding that the Mr. STENNIS. This is certainly sat- ule rates of pay for the fiscal year ending at the existing September 30, 1984, takes effect in October level will continue isfactory to me. I thank the Senator of 1983, the adjustment in rates and sched- level. very much. ules limited by this section shall take effect This was an add-on by the commit- Mr. BYRD. Mr. President, I suggest on the date they would have taken effect tee of $193 million above the existing the absence of a quorum. under section 5344 of title 5, United States level. That was defeated in the Wright The PRESIDING OFFICER. The Code, were it not for this section. amendment and the instructions that clerk will call the roll. Mr. STEVENS. Mr. President, the I have from the committee chairman The legislative clerk proceeded to effect of this amendment is to treat would be to withdraw that. We still call the roll. the blue collar employees the same as have the level at the existing level. Mr. STEVENS. Mr. President, I ask the civil service employees as far as The continuing resolution would con- unanimous consent that the order for the wage increases are concerned. It tinue the assistance at the existing the quorum call be rescinded. level without the add-on which was does hold those wage increases in The PRESIDING OFFICER. With- proposed by the Wright amendment abeyance until the same time as the out objection, it is so ordered. and by the committee previously. others would be paid. It also has a pro- Mr. STEVENS. Mr. President, so vision concerning the arrangements Mr. STENNIS. Mr. President, if the Senator will yield, I was not there but that we can continue, I ask that the under the Bretton Woods Act that was amendment be temporarily set aside, similar to the provision in the last con- up here on duty. This was actually ap- proved by the committee? not be withdrawn yet until it has been tinuing resolution. cleared whether or not we should The PRESIDING OFFICER. Is Mr. STEVENS. It was approved by withdraw that amendment. there further debate on the amend- the committee at the time of a similar ment? approach to the Wright amendment. Mr. SARBANES. Would the manag- The question is on agreeing to the That Wright amendment having been er yield for a question? amendment. defeated, I was requested on behalf of Mr. STEVENS. Yes. The amendment (No. 2556) was the committee chairman to withdraw Mr. SARBANES. It is my under- agreed to. this amendment, which would leave in standing that the defeat of the Wright Mr. STEVENS. I move to reconsider the continuing resolution the existing amendment would necessarily entail the vote by which the amendment was level of the appropriation. that any part of it which might have agreed to. This is the first issue of this type been included in the committee bill Mr. KASTEN. I move to lay that that has been raised, I might add, and would no longer be offered or ap- motion on the table. I would be pleased to discuss it with proved. The Wright amendment was, The motion to lay on the table was the ranking member, my former chair- of course, an overall amendment, an agreed to. man, whatever the Senate wishes to omnibus amendment, that was turned AMENDMENT NO. 2557 do. But this, to be consistent, would down by the Senate. But there might Mr. STEVENS. Mr. President, I send have to be withdrawn. All of the other be pieces of it which might be em- to the desk an amendment for section similar items were contained in the braced in the committee recommenda- 110 and ask for its immediate consider- overall Wright amendment and have tions, and I do not think it necessarily ation. not been offered. follows that they would no longer be The PRESIDING OFFICER. The Mr. STENNIS. What does the Sena- considered. amendment will be stated. tor want to do about it? It has an ap- Mr. STEVENS. This was the only The legislative clerk read as follows: plication and it has need. The matter one that was so impacted by the dual The Senator from Alaska (Mr. STEVENS) was passed. While the House amend- action of the request of the chairman proposes an amendment numbered 2557. ment was defeated, now that amend- and the defeat of the Wright amend- ment. It was the chairman's position Mr. STEVENS. I ask unanimous con- ment, one like it, has been passed. it should be withdrawn under the be dispensed Mr. STEVENS. I am told that the that sent that further reading This is the only one with. Senator who sponsored this amend- circumstances. Wright amend- The PRESIDING OFFICER. With- ment in the committee, Senator that is so affected. The ment has not led to our failure to it is so ordered. WEICKER, has now reached an under- out objection, we The amendment is as follows: standing with OMB, and it is in this offer any other amendment, and letter of November 9 that I have in my want to offer this and make the At the end of the joint resolution insert: that SEC. 110. Notwithstanding any other pro- hand, which I would be pleased to RECORD. So it was not something vision of this joint resolution, there is ap- place in the RECORD. The understand- was done without consent of the propriated an additional $193,000,000 for ing of the OMB is if the additional Senate but with the understanding of carrying out title XXVI of the Omnibus funds are needed, the OMB will reap- the subcommittee chairman and the Budget Reconciliation Act of 1981, relating portion funds from the third and defeat of the Wright amendment, this to low-income home energy assistance. fourth quarter money to meet those amendment should not be offered, in Mr. STEVENS. I am advised that al- needs but that the increased level of our opinion. though we are directed to submit this expenditures is not required. With Mr. SARBANES. I take it there are amendment, since this amendment that understanding, the Senator from not other smaller amendments that was one of the provisions in the Connecticut wishes to withdraw his are not going to be offered because the Wright amendment that has been de- amendment also. He is the one who of- omnibus Wright amendment was de- feated by the Senate, it would be fered it in committee. I would be feated; is that correct? either proper to withdraw the amend- happy to have this letter read or to Mr. STEVENS. The Senator is cor- ment or to ask that it be tabled. I read it to the Senate. rect, and the next amendment demon- think the easiest way to do it is to Mr. STENNIS. No. strates that. 31960 CO NGRESSIONAL RECORD-SENA,TE November 10, 1983 I am waiting for a ruling on my renew my request to temporarily set The motion to lay on the table was unanimous consent request. aside this amendment and proceed to agreed to. The PRESIDING OFFICER. Is another series of amendments. I have AMENDMENT NO. 2560 there objection to the request to tem- four or five. We will come back to this Mr. STEVENS. Mr. President, I send porarily lay aside the amendment? one when we do get the clearance. to the desk another committee amend- Mr. STEVENS. I yield to the Sena- The PRESIDING OFFICER. The ment. tor from Connecticut. amendment is temporarily laid aside. The PRESIDING OFFICER. The matter of Mr. WEICKER. On the AMENDMENT NO. 2558 amendment will be stated. assistance, which is low-income energy Mr. STEVENS. Mr. President, I send The legislative clerk read as follows: and to of just as great concern to me to the desk another amendment. in this Cham- The Senator from Alaska (Mr. STEVENS) Connecticut as anybody The PRESIDING OFFICER. The proposes an amendment numbered 2560: ber, in the course of my negotiations At the end of the joint resolution insert: with the administration on the Labor- amendment will be stated. The legislative clerk read as follows: SEC. 114. Notwithstanding any other pro- Health and Human Services bill which vision of law, none of the funds made avail- we passed, I had $193 million in my The Senator from Alaska (Mr. STEVENS) able to the General Services Administration presentation. Budget Director Stock- proposes an amendment numbered 2558: pursuant to section 210(f) of the Federal At the end of the joint resolution insert: man suggested that we remove that in Property and Administrative Services Act of SEC. 112. Notwithstanding any other pro- 1949 shall be obligated or expanded after the sense that the moneys would be vision of this joint resolution, within avail- available by virtue of the Exxon case. the date of enactment of this Act for the able funds not to exceed $100,000 is avail- procurement by contract of any service It is clear that those moneys are not able to the Federal Law Enforcement Train- Therefore, I which, before such date, was performed by immediately available. ing Center and may be used for plans, major individuals in their capacity as employees of had passed in the committee the addi- maintenance, and improvements to Center the General Services Administration in any tion of $193 million to this bill. lands and facilities, to remain available until position of guards, elevator operators, mes- After we did that, I received a call expended. sengers, custodians, and Public Buildings from the Budget Director saying-and Mr. STEVENS. Mr. President, this Service mechanics, except that such funds that was the nature of the background makes funds available within available may be obligated or expended for the pro- of the letter read by the distinguished funds for the Federal Law Enforce- curement by contract of the covered serv- Senator from Alaska-that either by ment Training Center. It is another of ices with sheltered workshops employing virtue of surplus moneys or a supple- the amendments that the committee the severely handicapped under Public Law 92-28. mental the moneys would be available; has presented to the Senate. I ask for that we are going to do quarter by its adoption. Mr. STEVENS. Mr. President, this is quarter. The PRESIDING OFFICER. The the DeConcini amendment which has That is fair enough in terms of flexi- question is on agreeing to the amend- been adopted previously in similar bility to get this continuing resolution ment. continuing resolutions. It deals with passed. If we see any problems, then The amendment (No. 2558) was the subject of sheltered workshop and the money will be allocated. But I agreed to. performance of services in the position want to assure everyone of my col- Mr. STEVENS. Mr. President, I of guards. leagues on this floor that I will hold move to reconsider the vote by which Mr. President, I will be pleased to myself personally accountable to see the amendment was agreed to. answer any questions. If there are that every State is funded at last Mr. KASTEN. I move to lay that none, I ask for adoption of the amend- year's level of effort. That was what I motion on the table. ment. envisaged in my original negotiations The motion to lay on the table was The PRESIDING OFFICER. The on Labor-HHS, in the meeting of the agreed to. question is on agreeing to the amend- subcommittee, and in the subsequent ment. discussions with the Budget Director. AMENDMENT NO. 2559 The amendment (No. 2560) was That is my response. Not one penny Mr. STEVENS. Mr. President, I send agreed to. short of that-in other words, not one to the desk another committee amend- Mr. STEVENS. Mr. President, I penny short of what the committee ment. move to reconsider the vote by which The did would be acceptable to this Sena- The PRESIDING OFFICER. the amendment was agreed to. tor as we progress with the dispensing amendment will be stated. Mr. BYRD. I move to lay that of these moneys. The legislative clerk read as follows: motion on the table. Mr. SARBANES. If the Senator The Senator from Alaska (Mr. STEVENS) The motion to lay on the table was would yield, that is reassuring on this proposes an amendment numbered 2559: agreed to. issue. But I was addressing a some- At the end of the joint resolution insert: SEC. 113. The General Services Adminis- AMENDMENT NO. 2561 what broader issue which was that I tration shall equip all appropriate air-condi- Mr. STEVENS. Mr. President, I send thought a principle was being estab- tioned vehicles in its motor pool fleet with lished, which I was questioning, that to the desk another committee amend- energy-conserving devices that have been ment. the defeat of the Wright amendment, certified by the Environmental Protection the omnibus amendment, would then Agency to both save on fuel consumption The PRESIDING OFFICER. The in effect lead to the conclusion that and to have no negative impact on fuel amendment will be stated. any amendment that contained any emissions. The legislative clerk read as follows: part of the Wright amendment would Mr. STEVENS. Mr. President, this is The Senator from Alaska (Mr. STEVENS) either not be offered or would be re- another amendment we consider to be proposes an amendment numbered 2561: At the end of the joint resolution insert: jected. Of course, that does not follow, noncontroversial, and we offer it to SEC. 115. For the purpose of providing although in this instance-- the Senate. recreation development on the Ocoee River, Mr. WEICKER. I voted for the The PRESIDING OFFICER. The $7,400,000 is appropriated to the Tennessee Wright amendment also, so I am just question is on agreeing to the amend- Valley Authority, $6,400,000 of which is for trying to explain low-income energy ment. reimbursement of the power program for assistance. The amendment (No. 2559) was additional costs of power operations result- Mr. SARBANES. This issue I under- agreed to. ing from recreational releases of water. stand in effect has been taken care of Mr. STEVENS. Mr. President, I Mr. STEVENS. Mr. President, this is by the Senator's communications with move to reconsider the vote by which an amendment, as has been stated, OMB. the amendment was agreed to. which provides $6.4 million to the Mr. STEVENS. Mr. President, again Mr. KASTEN. I move to lay that TVA electric power program to reim- while we are awaiting the clearance, I motion on the table. burse the TVA for the operating costs November 10, 1983 CONGRESSIONAL RECORD-SENATE 31961 associated with recreational water re- be fined not more than $10,000 or impris- priating committees. It will take about leases for the people of the area of oned not more than ten years, or both. 1 minute. If the Senator from Illinois TVA. "(c) If the face value of the Treasury will be recognized, the chairman check or bond or security of the United of The PRESIDING OFFICER. The States or the aggregate face value, if more the committee is aware of this amend- question is on agreeing to the amend- than one Treasury check or bond or security ment and supports. We were just wait- ment. of the United States, does not exceed $500, ing for the Senator from Illinois to The amendment (No. 2561) was in any of the above-mentioned offenses, the appear on the floor. agreed to. penalty shall be a fine of not more than Mr. STENNIS. Mr. President, will Mr. STEVENS. Mr. President, I $1,000 or imprisonment for not more than the Senator yield? move to reconsider the vote by which one year, or both.", Mr. STEVENS. I yield. was agreed to. (b) Section 3056(a) of title 18, United the amendment States Code, is amended by inserting in the Mr. STENNIS. The parties could not Mr. STENNIS. I move to lay that fifth clause the number "510," after "509,". be here, so I did not say anything at motion on the table. (c) The analysis of chapter 25, of title 18, the time, but I want to ask a question The motion to lay on the table was United States Code, immediately preceding with respect to the amendment about agreed to. section 471 of such title, is amended by forgeries. AMENDMENT NO. 2562 adding at the end thereof the following: My question is why does it have a Mr. STEVENS. Mr. President, I send "510. Forging endorsements on Treasury standing and why is it brought in here to the desk another committee amend- checks or bonds or securities of the United States.". in this bill to be enacted the whole ment. page here of forgery law? That is The PRESIDING OFFICER. The criminal law. Mr. President, this is amendment will be stated. Mr. STEVENS. Mr. STEVENS. a provision that deals with the forging If the Senator would The legislative clerk read as follows: look on page 11 of the committee The Senator from Alaska (Mr. STEVENS) of Treasury checks or bonds or securi- ties of the United States. It is a revi- report, the explanation was that this proposes an amendment numbered 2562. has been requested by the administra- Mr. STEVENS. Mr. President, I am sion of the existing section. It was sug- gested by the Senator from Arizona tion which clarifies the jurisdiction of informed that there are two Senators (Mr. DECONCINI). It has been accepted the Secret Service in the area of inves- who wish to have a discussion on this by the committee, and we ask the tigation of forged Government securi- amendment. They are on their way to ties and checks. Forgeries are a major the floor. We have a last committee Senate to accept it. The responsibility for the Secret Service amendment. I ask unanimous consent The PRESIDING OFFICER. to the amend- and the Secret Service needs a clarifi- that this amendment be temporarily question is on agreeing ment. cation of law to allow them to tighten set aside so that we may proceed with up existing law regarding forged Gov- the last amendment, and then we will The amendment (No. `:563) was agreed to. ernment checks, bonds, and securities. return to this amendment, which will For example, under current law it is be addressed by Senator HUDDLESTON Mr. STEVENS. Mr. President, I move to reconsider the vote by which possible for a thief to steal a Treasury and Senator NICKLES. check, endorsed by a payee, endorse I ask that the staffs notify them the amendment was agreed to. Mr. KASTEN. I move to lay that his own name and obtain the proceeds that we are about ready to consider without violating the law. This lan- that amendment. motion on the table. The motion to lay on the table was guage would among other things, close The PRESIDING OFFICER. With- that loophole. out objection, the amendment is tem- agreed to. Mr. STEVENS. Mr. President, I un- As I said, the language has been re- porarily laid aside. quested by the administration and is AMENDMENT NO. 2563 derstand that the situation automati- cally reverts to the amendment I sub- included by the committee. Mr. STEVENS. Mr. President, I send mitted previously, the Huddleston Mr. STENNIS. Mr. President, as a to the desk another committee amend- amendment. Is that correct? feeble lawyer I cannot believe that ment. The PRESIDING OFFICER. That is statement is true, that that is not a The PRESIDING OFFICER. The correct. violation of the law already. amendment will be stated. Mr. STEVENS. That is now pending, Mr. STEVENS. It would be a viola- The legislative clerk read as follows: and I suggest the absence of a quorum. tion of the law, I might say, to steal The Senator from Alaska (Mr. STEVENS) Mr. BUMPERS. Mr. President, will the check, but not be a violation to proposes an amendment numbered 2563: add his own endorsement to a check At the end of the joint resolution, insert: the manager withhold that request? SEC. 117. (a) Chapter 25 of title 18, United Why do we not take an amendment that was already endorsed by the States Code, is amended by adding the fol- that is acceptable to the floor manag- payee. lowing new section: ers while we are waiting? Mr. STENNIS. My point is while we "§ 510. Forging endorsements on Treasury checks Mr. STEVENS. The only request I have a little break here we just should or bonds or securities of the United States have to make to my friend is to allow not use these bills to just cram legisla- "(a) Whoever, with intent to defraud- me to carry out the request made to tion in here of a permanent nature "(1) falsely makes or forges any endorse- me by the chairman and those manag- with little chance to do anything ment or signature of a Treasury check or ing the bill, that we complete action about it. bond or security of the United States; or on the committee amendments prior When this was before our committee "(2) passes, utters, or publishes, or at- to getting to the individual amend- the committee was downstairs here tempts to pass, utter, or publish, any Treas- ments. That will be soon. We have a just one step away almost, but I did ury check or bond or security of the United States bearing a falsely made or forged en- series of amendments Senators wish to not get to go to any of that sitting be- dorsement or signature shall be fined not offer. We have two we need to dispose cause of matters that the Senator more than $10,000 or imprisoned not more of. from Alaska and I had up here on an- than ten years, or both. Mr. KASTEN. Mr. President, will other bill. "(b) Whoever, with knowledge that such the Senator yield? Mr. STEVENS. The Senator is cor- Treasury check or bond or security of the Mr. STEVENS. I yield. rect. United States is stolen or bears a falsely Mr. KASTEN. I inform the Senator Mr. STENNIS. So I just protest as a made or forged endorsement or signature the body. I just protest the buys, sells, exchanges, receives, delivers, re- that there is one technical amendment Member of tains, or conceals any such Treasury check to which the chairman had agreed. It administration coming in or anyone or bond or security of the United States involves the Senator from Illinois. It unless there is some stronger reason that in fact is stolen or bears a forged or has to do with the relationship be- than we have seen of cramming all falsely made endorsement or signature shall tween the authorizing and the appro- this into these emergency bills.

11-059 0-87-3 (Pt. 23) 31962 CO NGRESSIONAL RECORD-SENATE November 10, 1983 I have had my say. I yield the floor. Mr. NICKLES. Again, I ask how backup for these guarantees. In days Mr. STEVENS. Mr. President, I ap- much money are we talking about? I gone by we made guarantees and then preciate the Senator's statement. I am think we are going to obligate those we funded them when they defaulted. informed that members of the sub- agencies to lend out the entire maxi- Now the moneys are provided in ad- committee, in this instance it was Sen- mum amount that Congress has au- vance and there is the spending of ator DECoNCINI, who were involved in thorized them to lend. I personally money. The guarantees involve the the area believed that there was an ur- feel like that is an unnecessary provi- earmarking of money in the Treasury gency and asked the committee to ap- sion, one that is going to cost the tax- to meet the guarantees if there is a de- prove this. payers a lot of money. Those loans are fault. Mr. STENNIS. All right. I thank the going to come from the available pool Having had this funding behind the Senator very much. of capital that again is very short and guarantees, we see no reason now why I know his purpose is very high and we are going to be requiring by this they should refuse to make the guar- amendment good. those agencies have to antees and thereby in effect frustrate lend out Mr. STEVENS. Mr. President, will every single dollar that has the effort that has been made. the Chair restate the amendment that been authorized. We have gone the full measure with is before the body now so there will be Mr. STEVENS. It is my understand- no misunderstanding. It is the amend- ing that the amendment has two im- the administration in meeting the re- ment we call the Huddleston amend- pacts. One, it does require that such quirements of funding guarantees, ment that has been presented by the loans that are guarantees be made which was something that was not committee. It was adopted in commit- only to qualified applicants and the done in the past. tee at the request of the Senator from limitation within the Appropriations We think that the physical control is Kentucky. Act, but it is to prevent the impound- in requiring the moneys to back up AMENDMENT NO. 2562 ment of funds through failure to make the guarantee and in limiting that The PRESIDING OFFICER. The those guarantees or to provide the in- amount if there has been an excessive amendment will be stated. surance if the funds are contained in amount committed in the past. The legislative clerk read as follows: the Appropriations Act and the appli- Now we feel we have made reasona- The Senator from Alaska (Mr. STEVENS) cants are qualified. There is still, I ble limitations. They are funded. They proposes an amendment No. 2562. might say, a matter of discretion as to are not just guarantees against future At the end of the joint resolution insert: whether or not the applicant is quali- funding. They are funded now. SEC. 116. The head of any department or fied. Believe me, many of these programs agency of the Federal Government in carry- Mr. NICKLES. If the Senator will have never had any defaults. Many of ing out any loan guarantee or insurance yield further, as I read it, we take them have very low default rates, but program for the fiscal year 1984 shall enter away almost into commitments to guarantee or insure all the discretion away we are funding those guarantees as loans pursuant to such program in the full from the administration and basically though a loan was being made. We amount provided by law subject only to (1) require them under this language, think that the reasonable way is to the availability of qualified applicants for which I do not see in front of me right have the limitations in the appropria- such guarantee or insurance, and (2) limita- now, but being familiar with it, basi- tions process and then state those tions contained in appropriation Acts. cally would mandate that they would moneys are available through the Mr. STEVENS. Mr. President, I see have to lend out whatever funds are form of guarantees to qualified appli- the distinguished Senator from Okla- there if there were suitable applicants, cants. homa is here. We have offered this which I am trying to think of the cir- Mr. NICKLES. If the Senator will amendment on behalf of the commit- cumstances where that might apply. yield, by this amendment are we not tee, section 116. But, for example, under the Small mandating to those agencies that have Mr. NICKLES. Mr. President, will Business Administration they have loanmaking authority that they have the Senator yield for a question? had loan authority and in the years to loan out every single dollar that is Mr. STEVENS. I yield to my friend. past quite possibly have not lent out authorized them by Congress? Mr. NICKLES. Mr. President, I wish all that money. We are going to be Mr. STEVENS. They are guarantees to thank my good friend, the Senator mandating the SBA give all this in the first place, I say to my friend. from Alaska for holding the amend- money out in loans. ment up so I could ask a question. The same thing could A similar provision was included in the be said for VA fiscal year 1982 continuing resolution and I saw this amendment as it was or FHA. We could be talking about again in the fiscal year 1983 continuing res- passed in the Senate concurrent reso- several billions of dollars that we are olution. The provision assures- lution. Quite frankly I was a little bit mandating those agencies, yes, you concerned about it because it looked to have to get rid of it, if there is some- And I am reading from the report- me like it was an amendment that was one suitable as an applicant seeking that loan guarantee levels provided in law going to force the administration to those loans. or in appropriation acts for loan guarantee programs are not arbitrarily restricted by possibly lend money to quite frankly I think it is an undue restriction on administrative actions. those maybe of questionable need. the administration, an unnecessary Can the Senator tell me how much, one that is ultimately going to cost us Again, I call my friend's attention to what agencies, or what departments a lot of money. the fact that they are not loans of have some of these funds that we are Would the Senator agree? money, they are guarantees that, going to require that they lend those Mr. STEVENS. It is our feeling on under our process, we now fund as out? the Appropriations Committee that if though there has been a complete loss. Mr. STEVENS. I have to apologize there is to be restrictions on these pro- It is not spending until there is a loss. to the Senator and tell him I was grams, they should be done in terms of We are controlling it now through trying to read the amendment. Will he the amount that is available. Once the the requirement that they be funded restate his question, please? amount is made available, if there are before the guarantees are made. This Mr. NICKLES. Again I will ask the qualified applications for loan guaran- provision has been passed by the Senator, that section, as I read it in tees of this type, or insurance of this Senate on at least two and perhaps the Senate bill, and I ask the Senator type, the impoundment of such funds three previous occasions. am I correct, is trying to insert the is improper and the restrictions should Mr. NICKLES. Mr. President, I ask same language, that of section 116, be in the limitation on the amounts of the Senator, what was the administra- that was in the Senate continuing res- moneys that are there. tion's position on the amendment last olution. The Senator realizes that we have year? Mr. STEVENS. That is correct. gone to a new concept of requiring Mr. STEVENS. The bill was signed. November 10, 1983 CONGRESSIONAL RECORD-SENATE 31963 Mr. NICKLES. I understand the bill ing the loan, and because of that guar- The motion to lay on the table was was signed. But what was the adminis- antee, if there is a default, the Federal agreed to. tration's position on the amendment? Government will pay and leave in the AMENDMENT NO. 2557 It is my understanding they were op- Treasury, I might add, whatever Mr. STEVENS. Mr. President, we posed to it, and I can see why. You are amount is there for all those loans in revert back to the other amendment, basically mandating to those agencies the commerical world. There is bor- which is the amendment that deals that they have to loan the money and rowing and repayment, and the Feder- with the subject matter have the loan guarantees available, al Government is not involved in any addressed by the Senator which I think, again, you are forcing way except entering the guarantee. from Connecticut. I might the administrator of the SBA, the ad- The insurance is a similar proposi- inquire whether there is any further ministrator of the FHA to loan all the tion. The insurance is primarily on the objection to withdrawing the amend- dollars available and have those guar- subjects that are covered by the guar- ment as has been requested by the antees available, which is taking away antee. If you borrow money for a fish- committee. a lot of their discretion. If the demand ing boat, the Federal Government will Mr. LEAHY. Mr. President, I am is not there, we are still telling them guarantee the payment of the premi- deeply concerned about the deletion of that if there are suitable applicants ums on the insurance on the fishing $193 million in additional funds for you have to have the money and you boat, which is what anyone in their the low-income energy assistance pro- have to spend it, or you have to at right mind would do, see that it is gram. As the Appropriations Commit- least loan it. guaranteed against loss. tee stated in its report to accompany I It is also my understanding-and So it has, in effect, hedged its bet by the appropriation of the additional do not have the letter from OMB- having an insurance policy and all it $193 million, "the full amount of last year that OMB was opposed to it will really have to pay is the premium $2.068 billion is necessary to offset the and possibly the year before. Maybe on the insurance policy if there is a higher cost of energy projected by the this is now becoming more of a ritual. loss. We have gone through many Congressional Budget Office to at But I am afraid we are in the process least maintain the existing level of as- loan years of argument about guarantees. of requiring those agencies to sistance provided by this program." every single dollar that is authorized. I But it is a program that is now under Virtually all the question how successful we have been control, unless you are opposed to the fiscal year 1983 in appropriations in limiting the Government guaranteeing loans at all, funds, which totaled $2.193 billion, amount of loans that we put out. as the OMB is, because they say it is were exhausted despite the mildness Mr. STEVENS. Mr. President, the an allocation of capital. It is not a of the last winter. We also know from Senator continues to refer to loaning fiscal matter. It is a matter of princi- survey data collected by the Depart- out money. These are guarantees. The ple, as I understand the OMB, on the ment of Health and Human Services money stays in the Treasury. It only is allocation of capital question. on last year's program that many paid out if there is a default. Mr. NICKLES. Will the Senator States could not even meet the Having met the administration in yield for one further qualification? demand from clients covered by their terms of the requirement that the Mr. STEVENS. Yes. program plans, much less from the guarantees be funded, the Senator is Mr. NICKLES. So, basically, all we hundreds of thousands of households suggesting now a catch 22, that since are doing is saying the money has to excluded by virtue of reduced eligibil- the moneys are funded and earmarked be there to back up the guarantee, but ity. At least 19 States had no assist- in the Treasury that we should stop we are not issuing mandates to the ance available for households receiv- making guarantees because it might agency heads that they have to loan ing shut-off notices this past spring require the expenditure of money in out whatever the total maximum for overdue winter utility bills. Only the future. amount of dollars is there; is that cor- 13 States planned any form of cooling Again, I call the Senator's attention rect? assistance. Sixteen States used oil to the loan loss as far as these guaran- Mr. STEVENS. No; we are telling overcharge funds to resume their pro- tees are concerned. They are loan them that they have qualified appli- gram during the winter. guarantees, not loans. They are not cants for guarantees and the funding A total of 6,731,555 households were direct loans of money. They are guar- is there to back it up, and, subject to served by the program in fiscal year antees by the Federal Government limitations in the Appropriations Act, 1983, compared to 6 million in the that if the borrower defaults, the Fed- we will not allow them to refuse to prior fiscal year, and over 300,000 eral Government will pay. We believe guarantee loans on the basis of an im- households were added to the crisis as- that we have met the requirements of poundment concept because the sistance rolls. money is actually not being spent. It is the administration by funding the Mr. WEICKER. As the distinguished staying in the Treasury. guarantees. Senator from Vermont, Mr. LEAHY I understand OMB did not like the Mr. President, I thank the Senator knows, I share his concern about ade- guarantees in the first place. But I do from Oklahoma for allowing me to quate funding for the low-income not believe Congress ought to listen to clarify this matter. If there are any energy assistance program. It was my the objection that would, in effect, kill other Members of the Senate who amendment in committee which added the program. wish to ask a question about it, I There are several programs. One of would be happy to discuss it. the $193 million in additional funds. I them is the loan guarantee program I ask for consideration of the amend- am willing to accept the deletion of for fishing vessels. In most areas, ment. that amount only on the basis of an there is no lending institution for fish- The PRESIDING OFFICER. Is assurance from the Office of Manage- ing vessels because of the great risks there further debate on the amend- ment and Budget that should the involved unless the Federal Govern- ment? If not, the question is on agree- States need additional funds in the ment guarantees those loans. But ing to the amendment of the Senator winter months, the OMB will provide there is a very, very low rate of loss on from Alaska (Mr. STEVENS). a deficient apportionment for immedi- the fishing vessel guarantees. Yet, The amendment (No. 2562) was ate availability to the States and re- under this bill, we fully fund the agreed to. quest a supplemental appropriation. amount of guarantees as though the Mr. STEVENS. Mr. President, I I ask unanimous consent that the money is being taken out of the Treas- move to reconsider the vote by which text of OMB Director Stockman's ury and being loaned to the fishermen. the amendment was agreed to. letter dated November 9 stating this The Federal Government is not Mr. KASTEN. I move to lay that agreement be printed in the RECORD at loaning them a dime. It is guarantee- motion on the table. this point. 31964 CONGRESSIONAL RECORD-SENATE November 10, 1983 There being no objection, the letter quire additional funding during the As I understand, it meets with the ap- was ordered to be printed in the heavy heating months of winter. proval of the managers of the bill. RECORD, as follows Mr. WEICKER. I appreciate the This amendment would allow the EXECUTIVE OFFICE OF THE PRESI- problem the Senator from Vermont waiver of the authorization contained DENT, OFFICE OF MANAGEMENT AND identifies, and I assure him that it is in the continuing resolution for fiscal BUDGET, my intent, as chairman of the Appro- year 1984 foreign aid programs to Washington, D.C., November 9, 1983. priations Subcommittee, to provide remain in effect until April 15, 1984. Hon. LOWELL WEICKER, the necessary funds for this program. During that period, not more than U.S. Senate, If States are forced to cut benefits, re- half of the appropriated funds could Washington, D.C. or close their doors be obligated. Israel and Egypt are ex- clari- strict eligibility, DEAR CHAIRMAN WEICKER: This is to if Mr. ceptions because of the historic prac- fy our understanding with regard to the ap- during the winter months, and propriation for the low-income energy heat- Stockman's proposed reapportionment tice of front-end loading funds for ing assistance program. presents insurmountable technical dif- these two countries. The Administration believes that addi- ficulties because of the formula under If there is no fiscal year 1984 foreign tional resources will be forthcoming for this the program, I will do everything hu- aid authorization by April 15, the program upon disposition of the Exxon manly possible to get an emergency waiver would no longer be effective. case. The government has won this case and supplemental appropriation moving Mr. President, this amendment takes no government appeal of the remedy has through this Congress at the end of into account the jurisdiction of the been entered. Foreign Relations Committee and the As per our previous understanding, should January or early February. Obviously, it become apparent later this fiscal year the compromise the OMB has put for- dedicated, hard work of its member- that a) the states require additional fund- ward is not ideal, but again, I assure ship over many months in fashioning ing; and b) the funds expected from the my colleague it is my intent to reduce a balanced, fair military assistance and Exxon case will not be available on a timely the 1983 level of effort for the energy foreign aid bill for fiscal year 1984, basis, we will request a supplemental appro- assistance program, and to the best of and will not hold up any vital pro- priation in the amount of the shortfall. my ability, I will see that such a reduc- grams in this area. For the interim let me stress that $1.951 tion does not take place. Mr. KASTEN. Mr. President, as billion is available for the low-income Mr. STEVENS. Mr. President, as I chairman of the Foreign Operations energy program in FY 1984 as a result of a it, that does complete the Subcommittee of the Appropriations $76 million carry-over of FY 1983 funds and understand the $1.875 billion provided in the Labor- committee amendments. I thank Sena- Committee I would like to say to the HHS appropriation bill. This is precisely the tors for their considerations. Senate we endorse and urge the adop- amount obligated in FY 1983 after adjust- I now yield to my friend from Illi- tion of this amendment. All of us want ments for carryover and the $115 million nois, who has a technical amendment to work with the Senator from Illinois, transferred to other block grants. dealing with a matter that has already the chairman of the Foreign Relations We have apportioned $241 million of the been covered. Committee, in getting a foreign rela- 1984 amount for the third and fourth fiscal The PRESIDING OFFICER. The tions authorization bill. I am hopeful quarters (April through September). If it Senator has not yet withdrawn the this will lead to that result. becomes evident during the heavy heating he wish to withdraw Mr. STEVENS. Mr. President, I months beginning in December that states amendment. Does need additional funds for the winter period, the amendment? know of no objection from the com- we will re-apportion the third and fourth Mr. STEVENS. I do renew my re- mittee on this matter. quarter money for immediate availability to quest to withdraw that last amend- The PRESIDING OFFICER. With- meet these needs. ment. out objection, the amendment is Should it also be evident in this event that The PRESIDING OFFICER. The agreed to. the Exxon case funds will not be available Senator has a right to withdraw the The amendment (No. 2564) was to the states for the third and fourth fiscal amendment. The amendment is with- agreed to. quarter, we will promptly seek a 1984 sup- drawn. Mr. KASTEN. I move to reconsider plemental sufficient to restore the existing the vote by which the amendment was third and fourth quarter apportionments AMENDMENT NO. 2564 TO AMENDMENT NO. 2545 and thereby maintain program levels Mr. PERCY. Mr. President, I send agreed to. throughout the remainder of the year. an amendment to the desk and ask for Mr. PERCY. I move to lay that I hope this provides a clear statement of its immediate consideration. motion on the table. our mutual understanding and commit- The PRESIDING OFFICER. The The motion to lay on the table was ments, and an explanation as to why a sup- clerk will report. agreed to. plemental appropriation is not needed at The legislative clerk read as follows: Mr. STEVENS. The Senator from the present time. an amend- The Senator from Illinois (Mr. PERCY) Montana wants to present Sincerely, ment for himself and Senator DOMEN- DAVID A. STOCKMAN. proposes an amendment numbered 2564. ICI. Mr. LEAHY. I appreciate the distin- Mr. PERCY. I ask unanimous con- The PRESIDING OFFICER. The guished subcommittee chairman's as- sent that further reading of the Senator from Montana. surances on this matter. However, I amendment be dispensed with. remain concerned as to how the OMB The PRESIDING OFFICER. With- AMENDMENT NO. 2565 will measure additional need of the out objection, it is so ordered. (Purpose: To appropriate $100,000 for the States. The amendment is as follows: payment of a reward for information lead- ing to an arrest and criminal conviction Under this program, States have, On page 1 of the amendment number for the bombing of the Senate wing of the within broad Federal guidelines, the 2545, on line 9, immediately before the U.S. Capitol on November 7, 1983) authority to set eligibility criteria and colon, add the following, ", except that the waivers provided by this paragraph shall Mr. MELCHER. I send an amend- to establish benefit levels within the ment to the desk which I offer on State. Thus, no prudent State will cease to be effective on April 15, 1984, and with the exception of funds made available behalf of Senator DOMENICI and "run out" of money in midwinter, or for Israel and Egypt, not more than one myself. intentionally overspend on a wish and half of the funds made available by this The PRESIDING OFFICER. The a promise from Mr. Stockman. Rather, subsection for each account under the For- clerk will report. States will lower benefits and restrict eign Assistance Act of 1961 or the Arms The legislative clerk read as follows: access as they have in the past. States Export Control Act shall be obligated prior to April 16, 1984.". The Senator from Montana (Mr. MEL- will plan their programs to meet only CHER) for himself and Mr. DOMENICI, pro- the need that can be covered by the Mr. PERCY. This amends a previ- poses an amendment numbered 2565. $1.875 billion appropriation. It will not ously adopted amendment No. 2545. At the end of the joint resolution add the become apparent that the States re- This has been cleared on both sides. following: November 10, 1983 CONGRESSIONAL RECORD-SENATE 31965 SEC. . There is appropriated to the De- responsible for last week's violence. I Mr. STENNIS. Mr. President, I have partment of Justice $100,000 for the pay- always felt that justice should be looked over this amendment. It seems ment of a reward to any person who fur- swift. When the crime is terrorism, I to me like the matter should be left to nishes information which leads to an arrest and criminal conviction for the bombing of believe expeditious justice is essential some kind of discretion in the Attor- the Senate wing of the United States Cap- both as a deterrent and as an affirma- ney General's hands, and also as draft- itol on November 7, 1983, to be paid by the tion to law-abiding citizens that our ed it seems to me that if it is just the Attorney General. Any officer or employee judicial system functions fairly. smallest kind of evidence that would of the Untied States or any State or local This act of terrorism strikes at the entitle the person to $100,000. I would government who furnishes information or very fiber of our domestic heritage. merely suggest that the Senator re- renders service in the performance of his of- The Capitol is a symbol of our legisla- draft his amendment, using terms like ficial duties is ineligible for payment under tive process. Our Federal laws have this section. substantial contributions to the arrest been authored under this dome and conviction. This payment would Mr. MELCHER. Mr. President, I throughout most of our country's his- not be made until the Attorney Gener- seek to offer this amendment for and tory. Thousands of Americans visit the al has made a finding of fact. Senator from New on behalf of the Capitol every day on business, for edu- Mr. MELCHER. Mr. President, I Mexico, Senator DOMENICI, and cation, and/or pleasure. Congress, thank the senior Senator from Missis- DOMENICI myself. I commend Senator comprised of the elected representa- sippi for his suggestion. I ask that the alertness in drafting this for his tives of our democracy, work in this amendment be temporarily laid aside. pleased to join amendment. I am very building. All of us who have ever set Mr. STENNIS. I believe the lan- with him in proposing it tonight. foot in this building were targeted vic- few feet from guage could be inserted in just a few On November 7, just a tims last Monday night. We were very minutes. in this Chamber, a vio- where we stand fortunate that no one was killed or The PRESIDING OFFICER. Is lent explosion occurred in the hallway un- wounded. This act of violence will there objection to laying aside the of the Senate wing of the Capitol. Be- stricter security and doubtedly mean amendment? If not, the amendment cause it was late at night, 11 o'clock, possibly restricted access for the and no one was here, no one was in- countless visitors who come here. This will be temporarily laid aside. Mr. STEVENS. I understand the jured. Whatever person or persons is unfortunate, but necessary. Senator from New York and the Sena- caused the explosion should be appre- The extreme seriousness of this inci- hended as quickly as possible and dent is such that I propose this tor from New Jersey have an amend- brought to justice. The blast would amendment. It would provide for a ment. have very likely killed people in the $100,000 reward for information lead- AMENDMENT NO. 2566 hall or in the near cloakroom and pos- ing to the arrest and conviction of the Mr. D'AMATO. Mr. President, I send sibly in the other cloakroom more re- culpable individual or individuals. This an amendment to the desk and ask for moved from the blast site. appropriation would be placed at the its immediate consideration. The swift apprehension and punish- discretion of the Attorney General, to The PRESIDING OFFICER. The ment of the person or persons guilty be awarded to such persons as the At- clerk will report. of this terrorist bomb explosion that torney General feels provided substan- The assistant legislative clerk read maim and kill persons in the Nation's tial and essential information or evi- as follows: Capitol could deter further like at- dence leading to the conviction of the The Senator from New York (Mr. tempts. criminals responsible for the damage. D'AMATO) proposes an amendment num- The risk and threat is not only to Initially, the thought of offering a bered 2566. the continuity of the Senate as part of reward conjured up mental images of Mr. D'AMATO. Mr. President, I ask the legislative function of this coun- wanted posters from the days when unanimous consent that further read- try, but it is also a grave risk to all the gun-slinging outlaws rode throughout ing of the amendment be dispensed visitors who stream through the Cap- the Wild West. I would have thought with. itol every day. that, as a civilized society, we had pro- The PRESIDING OFFICER. With- If we can encourage or bring about a gressed beyond that point. However, out objection, it is so ordered. quicker apprehension of whoever one need only smell the smoke and see The amendment is as follows: caused the explosion by adopting this the devastation from this explosion to At the end of the joint resolution insert: amendment offering the reward of recognize that such reckless behavior Notwithstanding any other provision of $100,000 for apprehending the person demands decisive action. Any legal law, the ban on the use of U.S. Route 209 by or persons and bringing them to jus- means of bringing the responsible commercial vehicular traffic established in tice and obtaining a conviction, the criminals to trial is imperative. History Public Law 98-63 is extended until Decem- money would be well spent. bears me out that rewards are incen- ber 31, 1984; Provided, That up to 150 I hope the Senate will agree. I think tives that bring the guilty to justice northbound and up to 150 southbound com- of the legislative process and make law and order mean some- mercial vehicles per day serving businesses the function or persons in Orange County, New York are in the U.S. Senate, plus the availabil- thing. exempted from such ban; Provided further, ity of the Capitol Building itself for The echoes of other recent terrorist That the exemption established herein is visitors from all over the country and bombings in other parts of the world subject to reevalution for safety by the five from abroad, should not be terrorized and the cries of those killed and member U.S. Route 209 commission which or victimized by violent acts of people wounded by fanatics still reverberate shall make recommendations to the Nation- who want to express their dissatisfac- as I speak. Mr. President, we should al Park Service for modification of such tion with government by causing an not allow the perpetrators of this act ban. explosion in a public building. to escape. Passing this amendment Mr. D'AMATO. Mr. President, the By request of Mr. MELCHER, the fol- would be a declaration on the part of amendment I send to the desk will lowing statement was ordered to be the U.S. Senate that we will not toler- extend for 1 year a much-needed com- printed in the RECORD: ate terrorism. The intimidation and mission to study the transportation * Mr. DOMENICI. Mr. President, I fear which these terrorists seek must and safety requirement of a three- offer this amendment, which I feel is not be allowed to linger. Instead, let us State border area of New York, New of the utmost importance in view of combat this behavior with a reward. Jersey, and Pennsylvania. It concerns the recent bombing which took place Let us see to it that the culprits are route 209, which has had a history of just a few feet from this Chamber. By apprehended and brought to justice.e heavy truck traffic. Last August we accepting this amendment, Congress Mr. STENNIS. Will the Senator passed a bill which will expire on De- would be offering a reward for the yield? cember 31 which calls for this commis- capture and conviction of the persons Mr. MELCHER. Yes. sion and which also sets a ban on traf- 31966 CO NGRESSIONAL RECORD-SENALTE November 10, 1983 fic so that heavy truck traffic which the impact of severe winter weather sides, Mr. President. We have no ob- imperils 209 would be diverted from was greater on the interstates. A more jection to this amendment. this road. My amendment would long-term look at this situation is re- Mr. D'AMATO. Mr. President, I extend this ban and the commission quired. move the adoption of the amendment. for 1 year. This gives the commission, Mr. President, while there remain The PRESIDING OFFICER. Is a tripartite commission of the three some points of disagreement among there further debate on the amend- States, an opportunity to study the the States affected by the partial ban ment? problem. on Route 209, progress has been made The question is on agreeing to the In essence, what we are asking is toward a regional approach to the amendment. that the life of this commission be ex- problem. This amendment will further The amendment (No. 2566) was tended and that, in addition, 150 vehi- that progress.® agreed to. cles per day be allowed to traverse 209 ROUTE 209 AMENDMENT NO. 2565 to Orange County, New York, 150 Mr. SPECTER. Mr. President, in The PRESIDING OFFICER. The trips north and 150 trips south, and July, the Congress authorized the Na- question recurs on the amendment of that the commission study the effects tional Park Service to implement a the Senator from Montana. and impact on route 209. partial ban of trucks from Route 209 Mr. MELCHER. Mr. President, I The PRESIDING OFFICER. The in the Delaware Water Gap National send a modification to my amendment Senator from New Jersey. Recreation Area. This partial ban re- to the desk and ask that it be stated. Mr. BRADLEY. Mr. President, I sponded to both the safety needs of The PRESIDING OFFICER. The would ask the distinguished floor man- residents along the route and the eco- Senator has the right to modify his ager if the regional commission estab- nomic interests of the region. amendment. lished last year, and the statement of The five-member Route 209 Com- The clerk will state the modification. managers accompanying the public mission, also authorized as part of The assistant legislative clerk read law, should be extended for 1 year as Public Law 98-63, has studied the as follows: in the statement of the managers on impact of the ban. It has tentatively At the end of the joint resolution add the this bill. concluded that the partial ban has following: Does the distinguished floor manag- been largely successful. It has reduced SEC. . There is appropriated to the De- er agree? the number of trucks on the route partment of Justice $100,000 for the pay- Mr. STEVENS. The answer is yes. from more than 2,000 each day to less ment of a reward to any person who fur- Mr. BRADLEY. I thank the Senator. than one-fourth that amount. nishes substantial information which leads This commission was set up as a re- The amendment extends the ban, to an arrest and criminal conviction for the gional solution for the safety and and at the insistence of Senator bombing of the Senate Wing of the United management problems on route 209 in D'AMATO, seeks to provide equity for States Capitol on November 7, 1983, to be York, and New paid with the written approval of the Attor- Pennsylvania, New those commercial vehicles serving ney General. Any officer or employee of the Jersey. The representatives of the businesses in Orange County, N.Y., by United States or any State or local govern- three affected States believe strongly allowing not more than 150 trucks in ment who furnishes information or renders that its life should be extended so it each direction access to the route. I service in the performance of his official can complete its work. The Senator am concerned about the impact this duties is ineligible for payment under this said yes, the commission would have exemption may have on the safety of section. its life extended and the statement of people living along U.S. 209. For this Mr. MELCHER. Mr. President, these the managers would reflect that fact. reason, we have included language in modifications are recommended by the Is that correct? this amendment which directs the senior Senator from Mississippi. I be- Mr. STEVENS. The Senator from Commission to evaluate this impact lieve they do clear up the matter that New Jersey gives me such a complex and make recommendations to the Na- he referred to and does make it a role in this dialog. The answer again is tional Park Service for modifications much tighter amendment. I hope the yes. in the exemption for Orange County if Senate can accept it. * Mr. LAUTENBERG. Mr. President, these additional trucks pose a safety Mr. President, I urge adoption of the I support the D'Amato amendment, problem. amendment. which extends the life of the Route This amendment also extends the The PRESIDING OFFICER (Mr. 209 Commission established by Public ban, which excludes those commercial ARMSTRONG). The question is on agree- Law 98-63. This Commission was es- operations in Pike, Monroe, and ing to the amendment. tablished to study the impact of ban- Northampton Counties, for 1 year past The amendment (No. 2565) as modi- ning trucks on Route 209, a road heav- the current December 31, 1983 dead- fied was agreed to as follows: ily used by trucks which runs along line. This extension should provide At the end of the joint resolution add the the border of New Jersey and Pennsyl- sufficient time for the Commission, following: vania. The Commission was charged which is authorized for this same 1- SEC. . There is appropriated to the De- with recommending a regional solu- year period in the statement of the partment of Justice $100,000 for the pay- tion to a broadly recognized safety managers of this continuing resolu- ment of a reward to any person who fur- problem related to the heavy truck tion, to finish its analysis of transpor- nishes substantial information which leads traffic. tation needs of the Delaware Water to an arrest and criminal conviction for the The Commission is due to expire on Gap-Route 209 area, and propose rec- bombing of the Senate Wing of the United States Capitol on November 7, 1983, to be December 31 of this year. The Brad- ommendations to the Congress. paid with the written approval of the Attor- ley-Lautenberg amendment would I thank the Chair and yield the ney General. Any officer or employee of the extend its life for 1 year. In addition, I floor. United States or any State or local govern- support the D'Amato amendment Mr. BRADLEY. Mr. President, do I ment who furnishes information or renders which would maintain the current par- understand that the amendment is ac- service in the performance of his official tial ban on trucks on Route 209 and ceptable? duties is ineligible for payment under this would include Orange County, N.Y., Mr. STEVENS. As the staff points section. within the area impacted by Public out, Mr. President, we shall do the AMENDMENT NO. 2567 Law 98-63. best we can in conference on this Mr. ABDNOR. Mr. President, I send It is at this point uncertain as to matter. an amendment to the desk in behalf of what impact this winter's weather will Mr. BRADLEY. The amendment is myself and Senator DECONCINI and have on truck traffic on noninterstate acceptable? ask for its immediate consideration. roads in New Jersey. Route 209 was Mr. STEVENS. I am informed the The PRESIDING OFFICER. The often preferred by truckers because amendment has been clearel on both amendment will be stated. November 10, 1983 CONGRESSIONAL RECORD-SENATE 31967 The assistant legislative clerk read levels. I think the Senate ought to be willingness to work with us on that, as follows: in a position to negotiate with the keeping the House in for us to do this? The Senator from South Dakota (Mr. House on every part of this continuing Mr. BAKER. Mr. President, in ABDNOR), for himself and Mr. DECONCINI, resolution. answer to the chairman, I have not proposes an amendment numbered 2567. Mr. SARBANES. Will the manager talked to the Speaker in the last hour Mr. ABDNOR. I ask unanimous con- yield for a question? or so and I have not talked to him at sent that further reading be dispensed Mr. ABDNOR. Yes, I yield. all about this particular suggestion. with. Mr. SARBANES. Aside from the Earlier tonight, however, he indicated The PRESIDING OFFICER. With- abortion language, it does not affect that the House would remain in ses- out objection, it is so ordered. other language, either, does it? sion long enough to appoint conferees. The amendment is as follows: Mr. ABDNOR. No, Mr. President, it I have sent word to the Speaker that In section 213, after "for in such Act" makes no reference to that language it is our hope that we can finish this the rate other than insert the following: ", except that the figures and the dollars bill tonight, including action on the for operations established by this subsection in the bill. conference report. I have not yet had shall be that which is provided in S. 1646, Mr. SARBANES. I thank the Sena- a reply. the Treasury, Postal Service and General tor. 1984, as re- Mr. Government Appropriation bill, The PRESIDING OFFICER. Is STENNIS. Will the majority ported to the Senate (S. Rpt. 98-186) on leader yield to me for this two-point July 20, 1983". there further debate? The question is on agreeing to the amendment. observation? Mr. ABDNOR. Mr. President, when The amendment (No. 2567) was Mr. BAKER. Yes, I yield. the Senate voted this evening, we ac- Mr. STENNIS. Mr. President, I cepted the House-passed Treasury bill agreed to. Mr. ABDNOR. I move to reconsider think we can do better and save time if in toto. our floor managers stay with us as Mr. BYRD. Mr. President, may we the vote. Mr. HATFIELD. I move to lay that much as they can. I know they have have order in the Senate? other matters, too. And all the rest of The PRESIDING OFFICER. If the motion on the table. The motion to lay on the table was us can be briefer, maybe, in our pres- Senator will suspend for a moment entation or our comments. attempts to restore agreed to. while the Chair Mr. BYRD. Mr. President, will the order to the Senate. Mr. HATFIELD. Mr. President, I majority leader yield? Mr. BYRD. Mr. President, the yield to the majority leader. Mr. BAKER. Yes, Senate ought to be paying attention. Mr. BAKER. Mr. President, I thank Mr. President, let We are passing important amend- the manager of the bill. While we have me yield now to the minority leader. ments here. I doubt that very many a good group of Members on the floor, Mr. BYRD. Mr. President, I under- Senators, including myself, know what let me give a report on the situation as stood the majority leader to say the is going on and what these amend- I see it at this moment. Speaker had assured the majority ments contain. I have consulted with the managers leader that the House would stay in The PRESIDING OFFICER. The of the bill and spoken informally with until conferees were appointed. That Senator is correct. The Senate will be the minority leader. I advised him of does not tell us that the House will in order. this situation just now. stay in long enough to agree to the Mr. ABDNOR. I thank the minority I think we can finish this bill pretty conference report. Can the majority leader. fast. By that, I mean in the next leader enlighten us? Mr. President, this is a necessary couple of hours. Mr. BAKER. Yes, Mr. President, amendment because, when the Senate I also urge that we consider that we that query is in process now. Of voted earlier this evening, we accepted go ahead and go to conference on this course, if the House will not stay in, the House-passed Treasury appropria- bill tonight and wait here and try to there is no point in our staying in. But tions bill in its entirety. Because of finish. That may mean staying until it is my hope that the House would morning. I that vote, the Senate-reported Treas- 1:30, or 2, or 2:30 in the agree to that. I have indicated to the really believe we are going to do this ury bill will not be a part of this bill Speaker-not personally but through faster and better if we stay and finish and therefore, it is not a conferencea- an intermediary-that that is our it and not come in tomorrow than we ble item. In order to make it so, I am wish, that the managers of the bill asking the approval of this amend- are if we try to pass the bill and come back tomorrow for the purpose of want to finish tonight. ment, which references the Senate-re- Mr. HATFIELD. Will the Senator ported rates for operations for the acting on the conference report. yield? functions in the bill. It refers, and I I urge the distinguished managers of Mr. BAKER. Yes. emphasize this, only to spending levels the bill, first, to move as fast as they of the various accounts. It does not can, and second, I ask the chairman if Mr. HATFIELD. I would just like to reference the general provisions. it is possible, in his opinion, to finish clarify my own thinking on one point. I urge the Senate to adopt this and go to conference tonight and yet Would the leader not agree that re- amendment, not only on behalf of to act on a conference report before, gardless of what the House does to- myself, but on behalf of the ranking say, 2 or 3 o'clock in the morning. night, the Senate would complete its minority member of the committee Mr. HATFIELD. Mr. President, I work on the CR? Because it seems to (Mr. DECONCINI) so that, when we go would not put the hour at 2 or 3, but I me if we do not do that and we are on to conference, we can refer to our own think we can do it before sunrise. into tomorrow, tomorrow afternoon, levels of spending. I can only say I have been in contact we still have to do the conference. Mr. HATFIELD. Mr. President, the with the chairman of the House Ap- Mr. BAKER. Mr. President, I agree. Senator has stated the proposition propriations Committee (Mr. WHIT- I think we can finish this bill. I think correctly. I emphasize again for the TEN). He indicates that he is ready to we can appoint conferees and get a RECORD that this does not get into lan- go to conference the minute we are conference report and act on this guage matters. Specifically, this does ready to go to conference. I have as- measure tonight. I urge Senators to not raise the abortion question, so ev- sured him I plan to go to conference try to do that. eryone can be very certain that what and the conferees will be appointed we are doing is only referencing shortly after passing this CR. Senate levels of expenditure to negoti- If the leader will yield for a ques- ate with the House. Otherwise, we tion, has the leadership of the House, have adopted automatically all House namely, the Speaker, indicated his 31968 CONGRESSIONAL RECORD-SENATE November 10, 1983

AMENDMENT NO. 2568 (6) Section 5724(a)(4) of title 5, United "5724h. Taxes on reimbursements for travel, States Code, is amended- transportation, and relocation expenses of em- (Purpose: To amend title 5, United States and ployees transferred. Code, to revise the authority to reimburse (A) by inserting "(A)" after "(4)"; "5724c. Relocation services.". Federal employees for certain moving ex- (B) by adding at the end thereof the fol- penses incurred by such employees in con- lowing new subparagraph: (B) Section 5724(i) of title 5, United States nection with a transfer or reassignment in "(B)(i) In connection with the sale of the Code, is amended by striking out "5724a" the interest of the Government from one residence at the old official station, reim- and inserting in lieu thereof "5724a, 5724b,". official station or agency to another for bursement under this paragraph shall not (b) The amendments made by subsection permanent duty) exceed 10 percent of the sale price or (a) shall be carried out by agencies by the $15,000, whichever is the lesser amount. use of funds appropriated or otherwise Several Senators addressed the available for the administrative expenses of Chair. "(ii) In connection with the purchase of a residence at the new official station, reim- each of such respective agencies. The The PRESIDING OFFICER. The bursement under this paragraph shall not amendments made by such subsection do Senator from Virginia is recognized. exceed 5 percent of the purchase price or not authorize the appropriation of funds in Mr. WARNER. Mr. President, I send $7,500, whichever is the lesser amount. amounts exceeding the sums already au- to the desk an amendment and ask for "(iii) Effective October 1 of each year, the thorized to be appropriated for such agen- cies. its immediate consideration. respective maximum dollar amounts appli- The PRESIDING OFFICER. The cable under clauses (i) and (ii) shall be in- (c)(l) The amendments made by subsec- tion (a) shall take effect on the date of the creased by the percent change, if any, in the amendment will be stated. enactment of this Act. The assistant legislative clerk read Consumer Price Index published for Decem- (2) Not later than thirty days after the as follows: ber of the preceding year over that pub- date of the enactment of this Act, the Presi- lished for December of the second preceding The Senator from Virginia (Mr. WARNER) dent shall prescribe the regulations required proposed an amendment numbered 2568. year, adjusted to the nearest one-tenth of 1 under the amendments made by subsection percent. For the purpose of this clause, (a). Such regulations shall take effect as of Mr. WARNER. Mr. President, I ask 'Consumer Price Index' means the Con- such date of enactment. unanimous consent that further read- sumer Price Index for All Urban Consum- Mr. WARNER. Mr. President, I am ing of the amendment be dispensed ers, United States City Average, Housing sponsoring this amendment along with with. Component (1967=100), prepared by the The PRESIDING OFFICER. With- Bureau of Labor Statistics, Department of my distinguished colleague, Senator out objection, it is so ordered. Labor.". TRIBLE, in order to correct-at no cost The amendment is as follows: (7)(A)(i) Subchapter II of chapter 57 of to the Treasury-major inequities that occur when Federal employees are re- At the end of the joint resolution add the title 5, United States Code, is amended by following new section: adding after section 5724a the following new located from one geographical area to SEC. . (a) (1) Section 5723(a)(1) of title 5, sections: another to meet the needs of their United States Code, is amended- "§ 5724b. Taxes on reimbursements for travel, Federal agency. (A) by inserting "(A)" after "travel ex- transportation, and relocation expenses of em- Internal Revenue Service figures penses"; ployees transferred show that, under current practices, (B) by striking out "manpower shortage "(a) Under such regulations as the Presi- Federal employees end up paying an or" and inserting in lieu thereof "manpower dent may prescribe and to the extent con- average of $8,000 worth of moving ex- shortage, (B)"; and penses out of their own pockets. This (C) by inserting ", or (B) of any person ap- sidered necessary and appropriate, as pro- happens to many Federal employees pointed by the President, by and with the vided therein, appropriations or other funds advice and consent of the Senate, to a posi- available to an agency for administrative ex- each year because agencies such as the tion the rate of pay for which is equal to or penses are available for the reimbursement FBI, the Secret Service, the IRS, and higher than the minimum rate of pay pre- of all or part of the Federal, State, and city Defense, must move many of their scribed for GS-16" after "Senior Executive income taxes incurred by an employee, or middle- and high-level employees in Service". by an employee and such employee's spouse order to staff their field offices with (2) Sections 5724(a)(2) and 5726(b) of title (if filing jointly), for any moving or storage high quality managers. 5, United States Code, are each amended by expenses furnished in kind, or for which re- Everyone is losing in the current sit- striking out "11,000" and inserting in lieu imbursement or an allowance is provided uation. Federal employees are faced thereof "18,000". (but only to the extent of the expenses paid (3) Section 5724(b)(l) of title 5, United or incurred). Reimbursements under this with undergoing financial hardship or States Code, is amended by striking out subsection shall also include an amount leaving the Federal service. Agencies "not in excess of 20 cents a mile". equal to all income taxes for which the em- are hampered in their ability to re- (4) Section 5724 of title 5, United States ployee, or the employee and spouse, as the cruit and retain well-qualified profes- Code, is amended by adding at the end case may be, would be liable due to the re- sionals, managers, and executives. The thereof the following new subsection: imbursement for the taxes referred to in taxpayers lose when these practices "(j) The regulations prescribed under this the first sentence of this subsection. lower Government productivity and section shall provide that the reassignment "(b) For the purpose or transfer of any employee, for permanent of this section, effectiveness. duty, from one official station or agency to 'moving or storage expenses' means travel This amendment will go a long way another which is outside the employee's and transportation expenses (including stor- toward relieving these problems. It commuting area shall take effect only after age of household goods and personal effects has no negative impact on the budget the employee has been given advance notice under section 5724 of this title) and other because agencies will be using existing for a reasonable period. Emergency circum- relocation expenses under sections 5724a appropriations to make fewer, better, stances shall be taken into account in deter- and 5726(c) of this title. and more equitable moves. mining whether the period of advance "§ 5724c. Relocation services. The House leadership has indicated notice is reasonable.". (5) Section 5724a(a)(3) of title 5, United "Each agency is authorized to enter into that they will accept this amendment States Code, is amended- contracts to provide relocation services to in the conference if we include it in (A) in the first sentence thereof, by strik- agencies and employees for the purpose of the Senate version of the continuing ing out "30 days" and inserting in lieu carrying out the provisions of this subchap- resolution. thereof "60 days"; and ter. Such services include but need not be I request that my distinguished col- (B) by striking out the second and fourth limited to arranging for the purchase of a leagues join me in supporting this sentences thereof and inserting after the transferred employee's residence.". badly needed reform. first sentence the following: "The period of (ii) The chapter analysis at the beginning The PRESIDING residence in temporary quarters may of chapter 57 OFFICER. Is be ex- of title 5, United States Code, there further discussion tended for an additional 60 days if the head is amended by inserting after the item relat- on the of the agency concerned or his designee de- ing to section 5724a thi following new amendment? Does the Senator from termines that there are compelling reasons items: Ohio seek recognition on the amend- for the continued occupancy of temporary ment? quarters.". Mr. METZENBAUM. I do not. November 10, 1983 CONGRESSIONAL RECORD-SENATE 31969 The PRESIDING OFFICER. The per centum of the total volume of all timber (f) Timber from terminated contracts question is on agreeing to the amend- sales contracts subject to an assessment of shall be offered for resale in an orderly ment of the Senator from Virginia. 15 per centum of the contract bid value of fashion as part of the normal congressional- The amendment (No. 2568) was the volume terminated; ly authorized timber sales program, and in a (E) in excess of 20 per centum up to 40 per manner which does not disrupt regional agreed to. centum of the net worth of the purchaser, markets or artificially depress domestic AMENDMENTNO. 2569 the purchaser may terminate up to 75 per timber prices. Timber from terminated con- (Purpose: To provide for termination and centum of the total volume of all timber tracts shall be given preference for resale in extension of certain timber sales contracts) sales contracts subject to an assessment of the 1984 timber sales program. 20 per centum of the contract bid value of (g) The Secretary of the Interior and the Mr. METZENBAUM. Mr. President, the volume terminated; and Secretary of Agriculture shall publish pro- I send an amendment to the desk and (F) in excess of a 0 per centum up to 20 cedures for the implementation of this sec- ask for its immediate consideration. per centum of the net worth of the purchas- tion in the Federal Register within 90 days The PRESIDING OFFICER. The er, the purchaser may terminate up to 75 after the date of enactment of this Act. amendment will be stated. per centum of the total volume of all timber (h)(l) Any firm that was not engaged in of The assistant legislative clerk read sales contracts subject to an assessment logging or manufacture of timber or that 25 per centum of the contract bid value of as follows: did not own a plant or equipment for that the volume terminated. purpose within six months of the contract The Senator from Ohio (Mr. METZENBAUM) (2) No firm may terminate more than bid date for a timber sales contract shall not proposes an amendment numbered 2569. 65,000,000 board feet of timber volume be entitled to terminate or adjust such con- Mr. METZENBAUM. Mr. President, under this subsection. tracts pursuant to that Act. I ask unanimous consent that further (3) For purposes of this subsection, the (2) As used in this subsection, a firm was term "net worth" does not include the value reading of the amendment be dis- engaged in the logging of timber sales when of any outstanding uncut timber sales con- it had the capability to perform that func- pensed with. tracts. The PRESIDING OFFICER. With- tion with its own equipment or when in the (c)(1) Subject to the assessment as provid- regular course of its business it retained the it is so ordered. out objection, ed in paragraph (2), the Secretary of Agri- services of another entity to perform that culture for national forest lands and the The amendment is as follows: function on its behalf and to deliver the logs of the Interior for public lands At the appropriate place in the resolution, Secretary so developed to an entity controlled by one are further authorized and directed to add the following new section: or more members of the same family that in adjust, at the written request of the pur- SEC. . (a)(1) The Secretary of Agricul- the regular course of its business manfac- chaser, the termination dates of any con- ture for national forest lands and the Secre- was equipped to manufacture those tracts for the purchase of timber not other- tured or tary of the Interior for public lands under logs into wood products with its own plant subsection (a) or (b), their respective jurisdictions are authorized wise terminated in to January 1, 1982, but or equipment. and directed to terminate, at the request of that were bid prior than January 1, 1975, for a (i)(l) For purposes of this section where a the purchaser, up to 10,000,000 board feet of not earlier not exceeding five years from the corporation owns more than 50 per centum the timber volume specified in any purchas- period termination date in effect on the date of en- of any other corporation and the other cor- er's timber sales contracts bid prior to Janu- actment of this Act, or from such earlier poration owns a timber sales contract eligi- ary 1, 1982. dates as the purchaser elects. ble for termination or adjustment under (2) Contracts terminated by the appropri- (2)(A) For the first year of any adjust- this section, the contracts of such other cor- Secretary pursuant to this subsection ate ment authorized pursuant to paragraph (1), poration shall be deemed to be owned by shall require the purchaser to pay the Sec- the purchaser shall pay interest on the out- the parent. a sum equal to retary holding the contract standing contract value of the contract (2)(A) For purposes of this section, where $3.00 per 1,000 board feet or equivalent volume of one-half the rate determined by a family owns more than fifty per centum costs which will be incurred measure for the the Secretary of the Treasury taking into of more than one corporation and each of by such Secretary in terminating such con- consideration the current average market those corporations owns one or more timber tracts and for reoffering the timber termi- yield on marketable obligations of the sales contracts eligible for termination or nated for resale. All funds collected pursu- United States with remaining periods to ma- adjustment under this section, the contracts ant to this paragraph shall be available to turity comparable to the maturity of such of such corporations shall be deemed to be the appropriate Secretary to the extent nec- timber contract obligation adjusted to the owned by one corporation, and not entitled essary for termination and resale of such nearest one-eighth of one per centum. to be considered as separate corporations in timber. (B) Beginning with the fourth operating determining the amount of relief permitted (b)(l) Excluding any contracts terminated season after any adjustment authorized by under this section. pursuant to subsection (a), if the loss of a paragraph (1), the purchaser shall pay the (B) As used in this paragraph, the term purchaser on any timber sales contracts bid full rate of interest specified in subpara- "family" means the father, wife, all the sons prior to January 1, 1982, as determined by graph (A) on the outstanding balance of the and daughters and all the brothers and sis- subtracting the current log value from the contract value. ters who are related to each other. delivered log cost based on the original bid (d) A purchaser granted termination of a (3) This subsection shall not be deemed to price of any such contracts (as determined contract pursuant to this section shall not, extend the liability for a timber contract by the Forest Service or the Bureau of Land if otherwise eligible, be prevented on ac- from the contract holder to its affiliate. Management), is- count of the termination from bidding on (j) The Secretary of Agriculture and the (A) in excess of 100 per centum of the net and resale of timber included in a termina- Secretary of the Interior shall not take any worth of the purchaser, the purchaser may tion contract. actions relating to the extension of certain terminate up to 75 per centum of the total (e)(l) Contracts to be terminated pursu- Federal timber contracts as provided in the volume of all timber sale contracts subject ant to this section under which no harvest President's Memorandum of July 27, 1983 to an assessment of $3 per thousand board has taken place shall be terminated in full. and implemented by the Department of Ag- feet on the volume terminated; (2) Contracts terminated by the appropri- riculture in 48 Fed. Reg. 38862-63 and the (B) in excess of 80 per centum up to 100 ate Secretary pursuant to this section under Department of the Interior in BLM Instruc- per centum of the net worth of the purchas- which harvest has begun, shall be terminat- tional Memorandum 83-743. er, the purchaser may terminate up to 75 ed conditionally with the termination be- Mr. METZENBAUM. Mr. President, per centum of the total volume of all timber has com- coming final after the purchaser this amendment is the result of long sales contracts subject to an assessment of 5 pleted all contractual obligations, including having to per centum of the contract bid value of the completion of sections of roads where con- and protracted negotiations volume terminated; struction has begun, for the units on which do with the situation that developed (C) in excess of 60 per centum up to 80 per harvest has begun. All remaining unharvest- as far back as 1 year ago as pertains to centum of the net worth of the purchaser, ed units must be terminated. the timber industry. As a matter of the purchaser may terminate up to 75 per (3) The appropriate Secretary may not fact, a number of timber contracts centum of the total volume of all timber terminate a contract if he determines, in his were let by public bidding. Then they sales contracts subject to an assessment of discretion, that the remaining unharvested found that the price came down as far 10 per centum of the contract bid value of units or a logical unit as determined by the timber was concerned, and the the volume terminated; Secretary are not representative of all units as (D) in excess of 40 per centum up to 60 that were to be harvested on the contract timber industry came to the Congress per centum of the net worth of the purchas- areas in terms of species and logging meth- and asked for relief. Now, anyone er, the purchaser may terminate up to 75 ods. would agree that asking to be let out 31970 CONGRESSIONAL RECORD-SENATE November 10, 1983 of a contract that has been legally en- before the Senate, I came before this DEPARTMENT OF AGRICULTURE, tered into is quite an unusual proce- body and offered an amendment. I was OFFICE OF THE SECRETARY, prevailed upon by my good friend, who Washington, D.C., November 9, 1983. dure. Hon. JAMES A. MCCLURE, Mr. President, may we have order in is the chairman of the Appropriations Chairman,Committee on Energy and Natu- the Senate? Committee, to hold off and not to ral Resources, U.S. Senate, Washington, The PRESIDING OFFICER. If the push the issue until final conclusion to D.C. Senator will suspend, the Chair will see whether we could not work mat- DEAR MR. CHAIRMAN: We understand that seek to restore order. ters out. legislation in the form of an amendment is The Senator may proceed. Now, let me make it clear that I being considered that would provide for Mr. METZENBAUM. The history of have always taken the position I was Forest Service and Bureau of Land Manage- this matter is that there was legisla- ment (BLM) timber sale contract termina- willing and am willing to provide relief tion and extension. The amendment may be tion proposed last year. The legisla- for the small timber companies, for offered as an addition to other pending tion came out of the Energy Commit- the timber companies that need relief, Senate legislation. tee over the objections of the Senator and I did not want to force any compa- The Administration is opposed to this from Ohio. Then we were able to block ny, small or large, into bankruptcy. So timber contract relief proposal. it in the closing days of the session. as a consequence of that, Senator HAT- As we understand it, the amendment Thereafter, the timber industry con- FIELD and I, his staff and mine, have would allow purchasers of Federal timber to cluded that they could solve their terminate up to 10 million board feet of been negotiating back and forth-the timber contracts dated prior to January 1, problem by going to the White House U.S. Forest Service has been in- and, indeed, the White House provided 1982, at a cost of $3 per thousand board volved-trying to work out an ade- feet. In addition, companies would "buy them with a real bailout because they quate solution that is fair to the entire out" of an additional 75 percent of their permitted them to extend the con- industry and is also fair to the U.S. Federal timber contract volume, up to a tracts for 5 years with no interest. Government. limit of an additional 65 million board feet, a few Now, we are not talking about I am proud to say that is what this by paying a percentage of the contract dollars; we are talking about a lot of at the moment. value. The "buy out" percentage would vary about $5 billion amendment represents depending on the estimated loss a company dollars. We are talking It provides that extend those It is a compromise. would experience as compared to the com- in contracts. If you can there can be termination of some of for 5 years and if the interest rate is pany's net worth. these contracts within limits and it 10 percent-and actually, the Govern- Under the amendment, contracts not ter- are decided minated could have their expiration date ment interest rate is higher than provides that those limits by the net worth of the company as extended for 5 years with two conditions: (1) that-you are talking about $21/2bil- an interest payment on the unpaid purchase lion. related to the amount of its exposure on these contracts. It provides an over- price at a rate for the first year equivalent But the President of the United to one-half of the current Treasury borrow- States did not care about that. He can all maximum as to what can be termi- ing rate, and (2) an interest payment for the talk about saving money and cutting nated. It provides that the Govern- fourth and fifth years equal to the current expenses, but when it comes to the ment will get a certain portion of their Treasury rate. Whether any interest is to be timber industry, he was prepared and money as interest up front and that if charged on the unpaid purchase price in the the contracts are not fulfilled after 3 second and third years is unclear. has indicated, has made it a rule, By implication, firms not engaged in log- which has not as yet been implement- years, interest will be paid regularly at the rate that the Government pays. It ging or manufacture of timber, or firms not ed, that the timber contracts could be owning equipment for logging or manufac- extended for a period of 5 years with is not all that I might like, but I think ture of timber within 6 months of the con- no interest. that it is far superior to that which tract bid date, would not be entitled to ter- Now, Mr. President, that does not the administration has agreed to. It is minate or extend a contract. make sense. That is not good business imperative, therefore, that we enact Significantly, if it were enacted, the in the good old American way. If you this amendment, that it be a part of amendment would compel the Forest Serv- enter into a contract between two cor- the continuing resolution, and that it ice to withdraw the pending administrative become the law of the land. action that already proposes to grant inter- porations or two business people, you est-free 5 year extensions. are expected to live up to that con- I think that the Nation's best inter- The Administration is opposed to the tract. But not so with Ronald Reagan. ests will be served. I think it is a fair amendment for the following reasons: Ronald Reagan said, "Forget it. You and equitable proposal, and I hope 1. It would tend to give the most relief to do not need to pay any interest. A lot that the Members of this body will see those companies that bid most imprudently, of you fellows are my friends and as fit to accept it. i.e., those that have the greatest potential far as I am concerned, you can post- Mr. HATFIELD addressed the losses to offset against their net worth. It pone the implementation of those con- Chair. would be inappropriate to provide the great- The PRESIDING OFFICER. The est benefits to those firms who acted least tracts for 5 years." responsibly. Now, nobody forced the companies Senator from Oregon is recognized. 2. The 5-year contract extension program to bid these prices. They made a con- Mr. HATFIELD. I do not necessarily offered by the Administration gives signifi- scious business decision that the associate myself with all the remarks cant relief that is appropriate for the cir- timber was worth $300 or $400 per made by the Senator from Ohio on cumstances and has been well accepted as 1,000 board feet, and when the econo- the interpretation of the reasons equitable by a broad cross-section of the my went into a nosedive, what did behind this amendment. Before I forest products industry and the public. The they do? They did what so many busi- make my own remarks, I ask unani- Administration's 5-year extension package was never intended to prevent all potential ness corporations who constantly say mous consent to introduce into the firm bankruptcies. A Forest Service analysis the Government ought to stay out of RECORD on behalf of the Senator from projects that, if a modest housing recovery their hair; they came to Uncle Sam Idaho (Mr. MCCLURE), who does not continues, most firms would be able to work and said, "Give us relief." support this amendment, a letter ad- their way out of trouble by averaging new I do not think that is the free enter- dressed to Senator MCCLURE from sales against existing contracts. There is no prise way. I do not think that is the John Crowell, the Assistant Secretary doubt, though, that a few firms that bid the American way. I do not think that is for Natural Resources of the Depart- most irresponsibly may have difficulty sur- the way it should be done in this coun- ment of Agriculture, and a letter from viving, but this is as it should be in the free- market competitive system. The amendment try. the Comptroller General of the United would disrupt the ongong extension pro- As a consequence of that, on several States. gram. earlier occasions, on the supplemental There being no objection, the letters 3. The Forest Service estimates that under appropriations bill and on a continu- were ordered to be printed in the the 10 million board feet "free" termination ing resolution that was previously RECORD, as follows: provision alone, about 1.3 billion board feet November 10, 1983 CONGRESSIONAL RECORD-SENATE 31971 of timber under contract could be terminat- tial overriding public interest in view of the public interest" requirement and justify a 5 ed for $3 per MBF-far less than the con- unprecedented decline in demand for year extension, section 14(c) of the National tract price for such volume. This provision lumber and plywood." The original con- Forest Management Act of 1976, codified at in itself would result in a potential loss in tracts required deposits to be made shortly 16 U.S.C. § 472a(c), provides: Federal receipts of $130 million. Losses re- before timber is actually cut. Contracts ex- " . Unless there is a finding by the Sec- sulting from the "buy out" provision would tended under Interim Directive 64 were re- retary of Agriculture that better utilization also be large. quired to incorporate contract clause C4.251 of the various forest resources (consistent 4. It would be very difficult to administer (6-80), copy enclosed, which required pur- with the provisions of the Multiple-Use Sus- the eligibility formula in this amendment chasers to make equal monthly "deposits" tained-Yield Act of 1960 [16 U.S.C. 528-531] based on net worth adjudications in a fair (payments) during the first normal operat- will result, sales contracts shall be for a and even-handed manner. The objective of ing season under the extension so that all period not to exceed ten years. Provided, establishing uniform net worth calculations timber would be paid for by the last day of That such period may be adjusted at the for eligibility for relief carries with it the that operating season, whether or not discretion of the Secretary to provide addi- potential for confusion and the inadvertent timber was actually cut and removed. tional time due to time delays caused by an manipulation of asset worth, particularly In the Secretary's request for an advance act of an agent of the United States or by among nonpublicly owned firms. decision in 1982, he stated that economic other circumstances beyond the control of 5. Denying the relief to purchasers with- conditions had not improved and requested the purchaser . . The Secretary shall not out mill facilities or who were not engaged our opinion as to the Forest Services' au- extend any contract period with an original in logging could be a constitutionally imper- thority to waive the clause C4.251 require- term of two years or more unless he finds missible denial of equal protection of the ment for equal monthly payments during (A) that the purchaser has diligently per- laws. the first season after the extension. These formed in accordance with an approved plan Additionally, there are many ambiguities contracts would instead be governed by the (B) that the substantial overriding public in the current language of the proposed contract's original agreement that timber interest justifies the extension." amendment which would leave doubt about payments be made only slightly in advance The legislative history of the act indicates intent and which would make implementa- of cutting. In return for the government that some consideration was given to wheth- tion very complicated and costly. waiving clause C4.251, the Forest Service er contracts could be extended on the basis This letter is also being sent to the Chair- proposed to require the contractor to pay of market conditions. See 122 Cong. Record man, Committee on Agriculture, Nutrition, interest on the payments that would have 27645-46 (August 25, 1976) (remarks of Sen- and Forestry. been made under clause C4.251, for the ators McClure and Humphrey) and House Sincerely, period from the payment due dates until Committee on Agriculture, Business Meet- JOHN B. CROWELL, Jr., payment is actually made (when timber is ings in National Forest Management Act of Assistant Secretary for cut). The Secretary recognized that no offi- 1976, 94th Cong. 2d Sess. 182-183 (Comm. Natural Resources and Environment. cer or agent of the government has author- Print 1976) (meeting of Subcommittee on ity to release vested contractual rights with- Forest, August 2, 1976). In this regard, we [B-207165] out consideration. However, the Secretary have reviewed the Congressional Research COMPTROLLER GENERAL OF THE argued that the "beneficial effect of future Service's July 29, 1983, memorandum to you UNITED STATES, competition" that would result from the concerning the Secretary's authority to Washington, D.C., September 29, 1983. modification, together with interest pay- extend timber sales contracts which con- Hon. HOWARD METZENBAUM, ments, constituted sufficient consideration cludes that based on the legislative history U.S. Senate, for the waiver of clause C4.251. resolution of the issue is not free from Washington, D.C. Our decision noted that the contractual doubt. Based on the language of the statute, DEAR SENATOR METZENBAUM: This is in re- right in question was the right to the pay- however, we think that the Secretary may sponse to your August 15, 1983, inquiry re- ments on the dates that they are due. We conclude that depressed economic condi- garding the Department of Agriculture's approved of the proposed modification, rea- tions meet the "substantial overriding (Agriculture) decision to extend certain soning that although the government would public interest" test of the statute. Our forest timber sales contracts for up to 5 lose use of the money involved for the de- office has recognized that the Secretary has years. The Secretary of Agriculture (the ferred payment period, the receipt of inter- broad discretion to administer the public Secretary) has determined, pursuant to sec- est, at a fair market value, constituted legal forests. Little River Lumber Company, B- tion 14(c) of the National Forest Manage- consideration for the time payment would 191906.2, March 13, 1979, 79-1 CPD 174. We ment Act of 1976 (NFMA), 16 U.S.C. be deferred. find no basis for questioning the Secretary's § 472a(c) (1976), that a "substantial overrid- On August 26, 1983, a Notice of Interim determination, pursuant to 16 U.S.C. I ing public interest" justifies the extensions. Policy was published by Agriculture at 48 472a(c), that a substantial overriding public You inquire whether the extensions are at Fed. Reg. 38862-63 which would extend interest justifies the up to 5-year exten- odds with our decision in Department of Ag- timber contracts bid on or before January 1, sions. riculture-Request for Advance Decision, B- 1982, for up to 5 years. Purchasers request- In this regard, we note that when faced 207165, May 3, 1982, 82-1 CPD 416. You also ing extensions will be required to bear the with a problem of statutory construction, ask the following three questions: cost of remarking and other additional costs great deference is given to the interpreta- "1. Do depressed economic conditions in of the government associated with the delay tion of the statute by the officers or agency the timber industry meet the 'substantial in harvesting. Purchasers applying for ex- charged with its administration. Udall v. overriding public interest' text for exten- tensions will be required to submit a plan Tallman, 380 U.S. 1, 16, 85 S.Ct. 792, 801 sions contained in 16 U.S.C. Section 472a(c) showing how the applicant intends to meet (1965). (1976)? his contractual commitments. The operat- However, with regard to the third ques- "2. Is it legal to extend contracts for a ing schedule set forth in the approved ex- tion concerning whether it is legal to extend period of five years? tension plan will be incorporated into indi- timber sales contracts without requiring in- "3. Is it legal to extend timber sale con- vidual contracts in the form of a payment- terest payments, it is the longstanding posi- tracts without requiring interest pay- cutting schedule designed to pay off the tion of this Office that no officer or agent ments?" contract price in 5 years or less. We under- of the government has the authority to We have received a legal memorandum of stand the new 5-year extension policy will waive contractual rights which have accrued September 28, 1983, from the Acting Gener- apply to some previously extended contracts to the United States or to modify existing al Counsel for the Department of Agricul- requiring interest payments, some which contracts to the detriment of the govern- ture in regard to the proposed extensions. still require the monthly payments under ment without legal consideration. 44 Comp. Our May 3, 1982, decision was in response contract clause C4.251, and other contracts Gen. 746, 749 (1965); 19 Comp. Gen. 903 to the Secretary's request for an advance never before extended. The Notice of Inter- (1940); 5 Comp. Gen. 605 (1926). This rule is decision. As background, we were advised im Policy indicates that purchasers with premised on the absence of any specific stat- that on May 24, 1980, the Chief of the previous extensions who request conversion utory authority that would allow such a sur- Forest Service, in Interim Directive 64 (copy to extensions under the new policy must be render or waiver. Economic Development enclosed), authorized contract term exten- current in their payments under the terms Administration-Compromise Authority, 62 sions for timber sale contracts entered into of the extensions being replaced. It does not Comp. Gen. (B-210998, June 22, 1983); 41 prior to April 1, 1980, and due to terminate provide, however, for the current payment Comp. Gen. 134 (1961); 22 Comp. Gen. 260 prior to April 1982. Interim Directive 64, in requirements to continue under the new ex- (1942); 20 Comp. Gen. 703 (1941). Although support of the decision to extend contracts tensions. 16 U.S.C. § 472a(c) (1976) provides statutory pursuant to 16 U.S.C. §472a(c), stated: "This Regarding your first and second questions, Authority for the Secretary to extend the decision was based on an impact assessment concerning whether depressed economic harvesting schedule of timber sales con- that found the action to be in the substan- conditions meet the "substantial overriding tracts if there is a substantial overriding 31972 CO NGRESSIONAL RECORD-SENA,TE November 10, 1983 public interest, we are unaware of any ex- harvested by the contractor. More impor- only a partial answer to the problem- press or implied statutory authority for the tantly, the government will receive payment a half a loaf. Secretary waiving the vested contractual for the timber on a yearly basis rather than Because the administration's pro- rights which the government previously ob- at the end of the contract term. gram was lacking, and because Senator tained as a condition for the waiver under Access roads must be substantially com- Interim Directive 64 and the waiver of con- pleted within the first year of the extension METZENBAUM showed a genuine inter- tract clause C4.251. As noted above, in rather than at the end of the contract est in helping to solve this problem, I return for the government waiving the period as now required. The completion of decided to work with him in designing latter clause the Forest Service required the these roads is necessary for future sales a timber relief program that is geared payment of interest on the payment that which have been disrupted because of the toward those who need it. would have been made under clause C4.251 lack of harvesting. Unfortunately, I cannot report that dates board feet for the period from the payment due A payment of $2 per thousand the timber industry is unanimously until payment is actually made (when will be required of the contractor to cover timber is cut). the government's cost in remarking trees behind this proposal either. Many of Once the contracts were modified to re- and restaking roads necessitated by the the larger timber companies in my quire monthly payment of deposits or the delay in performance. Additional provisions State and others have told me that payment of interest, consideration is re- for calculating damages in the event of a de- this amendment is unfair and discrimi- quired to delete or modify these contractual fault will also be added to the existing con- natory. My answer to that is: What requirements. tracts. have they done to genuinely help solve it has been suggested that the While Accordingly, in response to the third ques- this problem? Everytime I have tried waiver of these vested contractual rights tion, we believe the imposition of these con- would advance public policy by benefiting tract requirements constitutes adequate to come forward with a solution, I timber dependent communities and the consideration for the deletion of the inter- have been met with cries of foul and public in general and thereby provide valua- est and/or monthly payment requirements. alternative suggestions that benefit ble consideration, we have rejected similar Sincerely yours, only selected companies. I am the first "policy consideration" arguments. Our deci- MILTON J. SOCOLAR, to admit that this amendment is not a sion in 46 Comp. Gen. 874 (1967) involved (For Comptroller General perfect. But I would suggest to my col- request for contract modifications to allevi- of the United States). ate the economic burden placed on contrac- leagues that it does benefit smaller tors due to increased labor costs under the Mr. HATFIELD. Merely to make the struggling wood products companies Service Contract Act of 1965 (41 U.S.C. record at this point, the Senator from that have come to me and asked for §351, et seq. (1976)). The agency argued Idaho (Mr. MCCLURE) does not support help. Mr. President, I have received that the public policy forming the basis of the amendment. over 50 telegrams from my State indi- the statute would constitute valuable con- Mr. President, I am a cosponsor of cating support for this amendment, sideration to support a modification to com- this amendment with Senator METZ- are from small pensate the contractor for adherence to, and these telegrams ENBAUM. As many Senators know, I timber companies. I would add that and compliance with, the requirements of issue for the act. We disagreed, stating: have been involved in this many other timber companies in " . While we feel that the Government more than 2 years now. The problem Washington and northern California in its capacity as law maker would receive of high-priced Federal timber con- have also wired their support for this measureable benefits from the contractors tracts has decimated and divided the amendment. in the form of advancement of the policy wood products industry. Every timber purchaser would be objectives of the referenced act, we fail to I originally proposed an administra- able to terminate up to 10 million see how the Government, as a contractor, tive program whereby the price for could be said to obtain such consideration as board feet under this amendment by would support modification of the contracts Federal timber contracts be rolled paying a modest charge to cover ad- as a matter of law. In cases where this back to current market prices. That ministrative fees. In order to termi- Office has held there was sufficient consid- proposal met with a great deal of op- nate additional volumes of timber, a eration present to support modification of a position from segments of the wood needs test would have to be met by contract, such consideration arose from the products industry outside of western comparing outstanding timber con- particular contract in question and benefit- Oregon. Then, with the help of Sena- ed the Government in its contractual capac- tract liabilities to net worth. The tor MCCLURE, I embarked on a legisla- amendment further provides that up ity .. " to allow a percentage of Similar "policy consideration" arguments tive proposal to 5 years of contract term adjustment contracts to be termi- were rejected in B-1811432, March 13, 1974; Federal timber would be allowed if the purchaser pays nated and returned to the Govern- 40 Comp. Gen. 684 (1961); and 35 Comp. interest charges on the timber to be allow other timber con- Gen. 56 (1955). ment, and to extended. Here, however, we find that the Secretary extended for up to 5 years. tracts to be By and large, the wood products is obtaining adequate consideration in ex- This proposal also was met with oppo- companies which oppose this amend- change for deleting the interest require- sition from segments of the wood ment are companies that are able to ment. As noted above, while the Secretary products industry outside of the West. has authority to grant an extension of the absorb the high-value timber they harvest schedule, consideration would have This legislation was reported from the Energy and Natural Resources Com- have under contract and which have to be obtained for the waiver of a vested the ability to make payments as pro- contractural right (interest). In exchange mittee last year, but it received no fur- for deleting the interest requirement, a con- ther consideration. That bill, S. 916, scribed under this amendment. The tractor must agree to have several new has been introduced into this session smaller companies benefited by this clauses, terms or conditions added to the ex- of Congress, with 20 cosponsors. Two amendment would not be able to sur- isting contracts. additional hearings have been held vive under the measly program the ad- A contractor must submit and have ap- ministration has adopted, and they proved a Multi-Sale Extension Plan (Plan) this year. Not very long ago, Senator METZ- will end up defaulting on their con- which includes an operating schedule dem- tracts, thus creating chaos and losses onstrating how much timber the contractor ENBAUM approached me and asked why plans to harvest in a manufacturing area this legislation could not be tailored to to local communities and to the Gov- during each year of the Plan. The Plan benefit those timber purchasers who ernment. must provide for removal of a proportionate are in trouble and really need help. I Mr. President, the main reason I volume of National Forest timber sales agreed with him that his was a noble have supported and pushed the idea of under extensions each year of the Plan. The concept, but one that had been looked timber contract relief is my sincere harvesting schedule in the Plan will be in- and the desire to keep the smaller independent corporated in the individual contracts and at by both the timber industry the contractor is obligated to pay for timber administration. I might add at this segment of the wood products indus- in accordance with the schedule whether or point that the administration has pro- try intact. It is my belief that this not it is harvested. This will allow a mix of posed a 5-year timber contract exten- amendment accomplishes that goal, profitable and unprofitable contracts to be sion program that, in my opinion, is and for that reason, I support it. November 10, 1983 CONGRESSIONAL RECORD-SENATE 31973 Section (a)(1) provides that any Fed- year of the contract term adjustment, tract that is in excess of the market eral timber purchaser who possesses and none are intended. requirements for logs. It is the volume timber contracts that were bid prior to Sections (h) and (i) provide direction above historic levels for uncut timber January 1, 1982, may terminate up to to the appropriate Secretaries in de- under contract which, in combination 10 million board feet of those con- termining which timber purchasers with the yearly government sales pro- tracts. In the case of a purchaser who are entitled to terminations and ad- gram, is in excess of the market for wishes to terminate one contract that justments. It is my intention here to the manufactured products. Even if totals more than 10 million board feet, give the appropriate Secretary clear the problem of high-priced timber con- it is my intention to allow that pur- direction in establishing who actually tracts did not exists, this overburden chaser to terminate the 10 million owns and operates a wood products would pose problems for the Federal board feet, as allowed under this sec- company seeking terminations and ad- Government's timber management tion, and to terminate the remaining justments of timber contracts, and program. If this overburden is not re- volume under that contract, depend- provides that purchasers are entitled moved, the market in lumber will ing where that particular purchaser to terminate and adjust contracts as a remain in chaos, to the detriment not comes under the needs test criteria as whole. By this, I mean that affiliates only of the Northwest timber opera- allowed in (b) (A) through (F). It and holding companies are to be treat- tors and the Northwest economy, but would be my intention to give the re- ed as part of the firm in determining to the detriment of the struggling spective Secretary the flexibility to which companies do and do not receive housing industry and our hopes for a terminate the remaining units of that terminations and adjustments of con- custained recovery. particular contract as provided in (e). tracts. Some of the problems I have with Section (a)(2) provides that a pur- Mr. President, the committee will this proposal are as follows: chaser that chooses to terminate con- accept the amendment. First, the emphasis on net worth Mr. METZENBAUM. Mr. President, tracts pay the the appropriate Secre- presents two major problems. First, as feet to is the name of the Senator from tary $3 per thousand board the administration has noted, it would cover administrative costs of terminat- Oregon listed as a cosponsor? be difficult to administer the eligibil- ing and reselling the timber. This sec- The PRESIDING OFFICER. The ity formula based on company net tion provides that the funds collected name of the Senator from Oregon is be used to the extent necessary to listed as a cosponsor. worth. Second, it does not treat com- cover these administrative costs. It is Mr. HATFIELD. I thank the Sena- petitors equitably, giving far better my desire that the appropriate con- tor from Ohio for the long hours he treatment to companies which were gressional committees be notified if has put into the matter. We started at most imprudent, and minimal assist- funds collected are in excess of those fairly opposite ends of the pole, and it ance to others who may be operating needed to terminate and resell those illustrates what can happen when men side by side for the same raw materials contracts. of good faith get together and work and the same markets. This proposal Section (c)(1) provides that a pur- out their differences. I thank the Sen- distorts the competitive situation; it chaser who wishes to adjust the termi- ator from Ohio for that effort. does not restore competition as S. 916 nation dates of contracts bid prior to I will say that this does not carry would have done. January 1, 1982, but not before Janu- the unanimous support of the indus- The premium or interest payment ary 1, 1975, be allowed to do so, and try. It will help, as the Senator from that would be imposed on purchasers provides that certain interest pay- Ohio indicated, the small operators. who, unable to terminate contracts, ments be made. It is my hope that the That does not mean the large opera- would be eligible for additional time to appropriate Secretary provide as much tors do not have economic problems operate them, is excessive under the flexibility as possible to the purchaser because of this changing market and circumstances. It is based on the in making the first interest payment, the changing appraised values of the falacy that the Government's timber by spreading it out over the first year timber. But I will not go into that at assets are worth what was bid for in a fair and equitable manner. this time, and I thank the Senator them several years ago. That is not Section (2)(A) provides that the in- from Ohio for his help. true. The Government's assets are terest charge be one-half of the rate (By request of Mr. SYMMs, the fol- claims against companies which are determined by the Secretary of the lowing statement was ordered printed liable to default on their contracts Treasury, taking into account current in the RECORD:) over the next few years. Collecting on average market yield on marketable * Mr. McCLURE. Mr. President, I those claims will be a tough, expensive obligations. It is my intention here want to commend Senator METZ- exercise unless legislation similar to S. that the Secretary of Agriculture and ENBAUM for his interest in this matter 916 is enacted to deal with the real Secretary of the Interior peg the inter- and for helping to keep the issue alive. problems and restore the vitality to est charge to the 5-year Federal Treas- Although I must strongly oppose the Federal timber purchasers. ury borrowing rate, or a rate that best adoption of this amendment, I am The proposal does not deal with the reflects the time the purchaser elects pleased to note that the Senator from needed improvement of the purchaser to adjust the contract. Ohio has recognized that timber sales credit concept under which much na- Section (2)(B) provides that at the contract termination authority is criti- tional forest road mileage is construct- beginning of the fourth operating cal to dealing with the short- and long- ed annually S. 916 dealt with that situ- season, the purchaser is obligated to range problem of timber volume under ation. make further interest payments on contract. The proposal does not recognize the the outstanding volume of timber he However, the proposal he is offering fact that many companies are multi- wishes to continue under contract today is froth with inequities and plant companies and necessarily have term adjustment. It is my intention would be a nightmare to administer. a larger volume of timber under con- here to again provide the necessary The volume of timber allowed to be tract than those companies with only flexibility to the appropriate Secre- terminated under this approach is far one facility. tary in determining the period of time too small to be of significant help to In closing, I want to make it very necessary to make this payment. How- most companies or to deal effectively clear that I support legislation dealing ever, in no case should the payment, with the overburden of timber under effectively and equitably with the as provided in this section, be spread contract. The heart of the Northwest problems of large volumes of Federal over 1 calendar year. I would further timber problem is the overburden of timber under contract at high bid note that this amendment provides timber contracts that are currently rates. I am a cosponsor of S. 916, along that no interest payments are provid- outstanding. This overburden is the with MARK HATFIELD and 19 other Sen- ed for during the second and third volume of Federal timber under con- ators. 31974 CO NGRESSIONAL RECORD-SENATE November 10, 1983 Senator METZENBAUM opposed our ef- formed that this amendment was Some will argue that this is an issue forts to pass S. 916 on the basis that it coming up. My colleagues should real- of large companies versus small com- was a bailout measure. Since that time ize that this amendment does not panies. This is not the case. Timber he has obviously taken a much closer solve the problem. It should not be contract relief that benefits one sec- look at the situation and has himself adopted in my opinion, at this point. tion of the country at the expense of come to the conclusion that termina- Mr. President, I suggest the absence others is a bad idea-no matter how it tion of these high-priced contracts is of a quorum, is constructed. Small timber compa- indeed a necessary and responsible Mr. HELMS. Mr. President, will the nies in North Carolina are not for this way of addressing this problem. Senator withhold that? proposal, nor do they support any of It is my hope that we can work to- Mr. SYMMS. I withhold that, and I the timber contract relief proposals gether over the next few months to yield to the distinguished Senator advanced thus far. fine tune this proposal.* from North Carolina. I ask unanimous consent to have Mr. SYMMS. Mr. President, may we Mr. HELMS. Mr. President, I seek printed in the RECORD a letter I have have order in the Senate? the floor in my own right. received from the Department of Agri- The PRESIDING OFFICER. The The PRESIDING OFFICER. The culture. Senate will be in order. Senator from North Carolina. There being no objection, the letter President, this is Mr. SYMMS. Mr. Mr. HELMS. Mr. President, I am was ordered to be printed in the very inequitable. The senior Senator very much opposed to the timber con- from Idaho opposes it, and I oppose it. RECORD, as follows: tract relief measure offered by the DEPARTMENT OF AGRICULTURE, Senators from I am sure that any Senator from Ohio. It would result in OFFICE OF THE SECRETARY, the intermountain region who have a direct bailout by the Federal Gov- Washington, D.C., November 9, 1983. looked at this amendment will say ernment for a relative few companies Hon. JESSE HELMS, that is is inadequate to the problem. in one section of the country, at the Chairman, Committee on Agriculture, Nu- The problem we have out there is an trition, and Forestry, U.S. Senate, Wash- that have been expense of the timber industry in the ington, D.C. excess of timber sales rest of the United States. made in the past, during inflationary DEAR MR. CHAIRMAN: We understand that This measure would reward compa- times, where people were constantly legislation in the form of an amendment is nies who exercised poor judgment, bidding up the price of timber, when being considered that would provide for Forest Service and Bureau of Land Manage- the Government sales agency-the while penalizing those who made better business decisions. It would ment (BLM) timber sale contract termina- Forest Service, in this case-was en- tion and extension. The amendment may be couraging that we could always pay send a clear signal to companies that contracts with the Federal Govern- offered as an addition to other pending this high price for timber sales be- Senate legislation. cause there would be no tomorrow, ment can be circumvented. The Administration is opposed to this and there would always be a higher This amendment would also penalize timber contract relief proposal. price. those firms who do not purchase Fed- As we understand it, the amendment So a great many companies overbid eral timber, but who depend on timber would allow purchasers of Federal timber to what they could actually get out of from private lands. These firms would terminate up to 10 million board feet of the sale of that timber. not have the same recourse available timber in timber contracts dated prior to This particular solution, if I under- to them and so would be placed at a January 1, 1982, at a cost of $3 per thousand disadvantage relative to firms allowed board feet. In addition, companies could stand it correctly, only takes care of a "buy out" of an additional 75 percent of few mills in the west of the Cascade to terminate timber contracts. This amendment also contains no their Federal timber contract volume, up to region. All those people east of the a limit of an additional 65 million board Cascades and in the intermountain provision to limit the amount of termi- feet, by paying a percentage of the contract region have a problem because the nated timber that would come back on value. The "buy out" percentage would vary cost of the roads, due to Government the market from Forest Service sales depending on the estimated loss a company regulations, in many cases becomes as in region 6. Under this proposal, large would experience as compared to the com- excessive as the price of the timber- volumes of terminated timber could pany's net worth. equal to or higher than the cost of the come immediately back on the market Under the amendment, contracts not ter- roads in some cases. at much lower prices. For other re- minated could have their expiration date extended for 5 years with two conditions: (1) I should like to make it very clear gions of the country, this could ad- versely affect other timber firms by an interest payment on the unpaid purchase that this is a solution that I do not be- price at a rate for the first year equivalent lieve is practical. It does not solve the flooding their markets with low-priced to one-half of the current Treasury borrow- problem we have in the intermountain timber. ing rate, and (2) an interest payment for the region. The administration has al- The potential for such severe dis- fourth and fifth years equal to the current ready made an administrative decision turbance of the existing market equil- Treasury rate. Whether any interest is to be on this. librium by Government fiat would charged on the unpaid purchase price in the I think the proper way to solve this result in a transfer of misfortune and second and third years is unclear. problem is to let stand the solution unemployment from Oregon to other By implication, firms not engaged in log- that the White House and the Interior areas of the country. This would be ging or manufacture of timber, or firms not owning equipment for logging or manufac- Department have made administra- grossly unfair to timber-producing re- ture of timber within 6 months of the con- tively, to delay some of these timber gions such as the Southeast, who have tract bid date, would not be entitled to ter- sales for 5 years, until Congress can already taken their economic licks. minate or extend a contract. hold hearings on this problem and During the recent recession, while Significantly, if it were enacted, the make a solution of the problem that is timber companies in Oregon were amendment would compel the Forest Serv- equitable to all parties. This is not an having their Federal timber contracts ice to withdraw the pending administrative equitable solution. extended not once but twice, firms in action that already proposes to grant inter- This does not solve the problem in the Southeast were going out of busi- est-free 5 year extensions. the State of the Presiding Officer, the ness. As a result of reorganization and The Administration is opposed to the Senator from Colorado (Mr. ARM- restructuring, firms in most other amendment for the following reasons: STRONG). It does not solve the problem 1. It would tend to give the most relief to parts of the country are profitable those companies that bid most imprudently, in Wyoming. It does not solve the again. The failure of the timber indus- i.e., those that have the greatest potential problem in Idaho. It does not solve the try in Oregon to do the same has pro- losses to offset against their net worth. It problem in Montana. longed the agony and resulted in a would be inappropriate to provide the great- I do not know if the distinguished very unnatural economic situation for est benefits to those firms who acted least Senator from Montana has been in- all firms in that region. responsibly. November 10, 1983 CONGRESSIONAL RECORD-SENATE 31975 2. The 5-year contract extension program the chairman of the committee is in Mr. WEICKER. Mr. President, I say offered by the Administration gives signifi- favor of it-the Government will lose to the distinguished Senator from cant relief that is appropriate for the cir- $500 million to $600 million this year. Pennsylvania the manager of the bill cumstances and has been well accepted as equitable by a broad cross-section of the Mr. METZENBAUM. Each year. has been in this chair exactly 2 min- forest products industry and the public. The Mr. ANDREWS. That is half of the utes and this is the first Senator he Administration's 5-year extension package cost of the Wright amendment, which has recognized on either side of the was never intended to prevent all potential we just had a sharp debate on. aisle. firm bankruptcies. A Forest Service analysis We are trying to balance the budget Mr. HEINZ. Mr. President, I wish to projects that, if a modest housing recovery and trying to move ahead, and I hope accommodate my friend from Maine continues, most firms would be able to work we can vote on this compromise and we both I think have short memo- their way out of trouble by averaging new amendment, which has a number of sales against existing contracts. There is no ries. doubt, though, that a few firms that bid the cosponsors, and which I understand Mr. WEICKER. Indeed as the Sena- most irresponsibly may have difficulty sur- has support from the people who tor from Pennsylvania knows no one viving, but this is as it should be in the free- know the timber industry best in the will move this bill faster than the Sen- market competitive system. The amendment Northwest part of the country. ator from Connecticut. Indeed, I will would disrupt the ongoing extension pro- This is not parochial from my stand- be glad to set aside this amendment gram. point, I say to the Senator. In North 3. The Forest Service estimates that under while we do others if that is possible Dakota, the State tree is a telephone and if it is possible and if it is with the 10 million board feet "free" termination pole. But we think a deal is a deal. provision alone, about 1.3 billion board feet agreement of the sponsors of the of timber under contract could be terminat- I want to back the chairman of the amendment. ed for $3 per MBF-far less than the con- committee, the senior Senator from The PRESIDING OFFICER. Is vote on tract price for such volume. This provision Oregon, and I think we should there objection to the request of the in itself would result in a potential loss in the issue. Senator from Connecticut that the Federal receipts of $130 million. Losses re- Mr. SYMMS. Mr. President, I sug- pending amendment sulting from the "buy out" provision would gest the absence of a quorum. be temporarily also be large. The PRESIDING OFFICER. The laid aside? 4. It would be very difficult to administer clerk will call the roll. Without objection, it is so ordered. the eligibility formula in this amendment AMENDMENT NO. 2570 based on net worth adjudications in a fair The assistant legislative clerk pro- and even-handed manner. The objective of ceeded to call the roll. Mr. MITCHELL. Mr. President, I establishing uniform net worth calculations Mr. WEICKER. Mr. President, I ask have an amendment at the desk and I for eligibility for relief carries with it the unanimous consent that the order for ask for its immediate consideration. potential for confusion and the inadvertent the quorum call be rescinded. The PRESIDING OFFICER. The manipulation of asset worth, particularly The PRESIDING OFFICER. With- amendment will be stated. among nonpublicly owned firms. out objection, it is so ordered. The assistant legislative clerk read 5. Denying the relief to purchasers with- I ask out mill facilities or who were not engaged Mr. WEICKER. Mr. President, as follows: in logging could be a constitutionally imper- unanimous consent that the pending The Senator from Maine (Mr. MITCHELL) missible denial of equal protection of the amendment be set aside. proposes an amendment numbered 2570. laws. The PRESIDING OFFICER. Is Mr. MITCHELL. Mr. President, I Additionally, there are many ambiguities there objection to the request of the ask unanimous consent that the read- in the current language of the proposed Senator from Connecticut? amendment which would leave doubt about ing of the amendment be dispensed Mr. METZENBAUM addressed the with. intent and which would make implementa- Chair. tion very complicated and costly. The PRESIDING OFFICER. With- This letter is also being sent to the Chair- The PRESIDING OFFICER. Does out objection, it is so ordered. man, Committee on Energy and Natural Re- the Senator reserve his right to The amendment is as follows: object? sources. At the end of the joint resolution insert: Sincerely, Mr. METZENBAUM. Mr. President, SEC. . (a) The project for navigation at JOHN B. CROWELL, Jr., I reserve my right to object. Eastport Harbor, Maine, authorized by sec- Assistant Secretary for Natural I am certain the Senator from Con- tion 101 of the River and Harbor Act of Resources and Environment. necticut intends to indicate that it be 1960 (74 Stat. 480), is not authorized after Mr. HELMS. Mr. President, I sug- temporarily set aside and it retain its the date of enactment of this Act. gest the absence of a quorum. position and that immediately upon (b) The Secretary shall transfer without The PRESIDING OFFICER. The the conclusion of the next amendment consideration to the city of Eastport, Maine, clerk will call the roll. that the pending amendment would be title to any facilities and improvements con- structed by the United States as part of the The assistant legislative clerk pro- the pending business. project described in subsection (a) of this ceeded to call the roll. Mr. WEICKER. Mr. President, the section. Such transfer shall be made as soon Mr. ANDREWS. Mr. President, I ask Senator from Ohio is correct. as practicable after the date of enactment unanimous consent that the order for By way of explanation, it would be of this Act. Nothing in this section shall re- the quorum call be rescinded. my intention to take up a noncontro- quire the conveyance of any interest in land- The PRESIDING OFFICER. With- versial amendment to be introduced by underlying such project title to which is out objection, it is so ordered. the distinguished Senator from Maine. held by the State of Maine. Mr. ANDREWS. Mr. President, it is Upon the completion of that amend- Mr. MITCHELL. Mr. President, I my hope that we can move along. I un- ment and if indeed if it is noncontro- want to thank the chairman of the derstand that the Senator from versial, then we will return to the Committee on Appropriations, Senator Oregon, a timber producing State, has amendment of the Senators from HATFIELD, and ranking Democrat, Sen- accepted the amendment. Oregon and Ohio. ator STENNIS, for their help on this Those of us on the farm understand. Mr. METZENBAUM. I have no ob- amendment. I also recognize the as- If I buy 1,000 bushels of corn to feed jection. sistance of Senator JOHNSTON, ranking my steers and the price goes down a The PRESIDING OFFICER. Is member of the Appropriations Sub- buck, I do not come in, hat in hand, there objection to the request of the committee on Energy and Water De- and say I want that dollar back. Senator from Connecticut? velopment. A compromise has been worked out, Mr. HEINZ. Mr. President, reserving My colleagues on the Committee on and I think it is in the best interests of the right to object, I wish to find out Environment and Public Works, Sena- the Senate to move ahead on this. I why the manager of the bill has decid- tors STAFFORD and RANDOLPH, chair- understand that if this amendment is ed to recognize everyone on that side man and ranking Democrat of the full not adopted-and that is probably why of the aisle. committee, and Senators ABDNOR and 31976 CONGRESSIONAL RECORD-SENATE November 10, 1983 MOYNIHAN, chairman and ranking member. It involves a deauthorization ness is the amendment of the Senator Democrat on the Water Resources of a navigation project in Eastport, from Ohio and the Senator from Subcommittee, have also been most Maine. It will cost the Federal Govern- Oregon. accommodating. I very much appreci- ment no money. It will indeed save the Mr. WEICKER. Mr. President, I ask ate their aid in facilitating favorable Federal Government money and, if I unanimous consent that the pending and timely considerations of this could briefly explain it, there is a amendment of the Senators from measure. breakwater project in Eastport, Maine. Oregon and Ohio be temporarily set This amendment would deauthorize The Army Corps of Engineers owns aside, so that we might consider the a Corps of Engineers navigation the project and decided that there is amendment of the distinguished Sena- project in Eastport, Maine, and trans- insufficient economic justification for tor from Pennsylvania, at the termina- fer title to the project to Eastport. further Federal maintenance or im- tion of which we return to the pending The measure has broad-based support. provement of that project. business which is the amendment of I first learned of the need for the Accordingly, the corps supports the the Senators from Oregon and Ohio. amendment from the State represent- State and community efforts to have The PRESIDING OFFICER. With- ative from the area, Harry Vose, and the breakwater transferred to the out objection, it is so ordered. the chairman of the Eastport Port Au- community so that the State and com- thority, Bob Keezer. The Maine De- munity can pay for improvement of AMENDMENT NO. 2571 partment of Transportation and the the breakwater project. (Purpose: To require that part of the appro- Army Corps of Engineers also support It is necessary to do this promptly so priation to the United States Customs the legislation. The amendment is that the work can begin before the Service be used to investigate steel import noncontroversial, would require no winter sets in. fraud and to purchase 4 spectrometers.) Federal funds, and should receive This has been cleared on both sides Mr. HEINZ. Mr. President, I send an early and favorable consideration. of the authorizing committee and the amendment to the desk and ask for its Eastport, Maine is a depressed area chairman and ranking minority immediate consideration. with 30 percent unemployment. The member of the Appropriations Com- The PRESIDING OFFICER. The town has taken the initiative to im- mittee. amendment will be stated. prove its economic status and its ef- Mr. President, I ask that this amend- The assistant legislative clerk read forts include port development. In ment be approved. as follows: order to proceed with port improve- Mr. WEICKER. Mr. President, the The Senator from Pennsylvania (Mr. ments it is necessary to strengthen the majority of the committee has no ob- HEINZ) for himself and Mr. BYRD, Mr. Eastport breakwater, a Corps of Engi- jection. GLENN, Mr. RANDOLPH, Mr. SPECTER, Mr. neers navigation project authorized in I ask my colleague from Maine has SARBANES, Mr. HOLLINGS, Mr. SASSER, Mr. 1960, and dredge its berth. This would this also been cleared with his col- PERCY, Mr. RIEGLE, Mr. LUGAR, Mr. MOYNI- provide a more competitive ship han- league, Senator COHEN? HAN, Mr. EAGLETON, Mr. NUNN, Mr. CRAN- STON, Mr. DIXON, Mr. MELCHER, Mr. GRASS- dling operation, increasing cargo ex- Mr. MITCHELL. Mr. President, it LEY, Mr. LEVIN, and Mr. DENTON proposes an ports from 50,000 to 80,000 tons per previously was. It was indeed attached amendment No. 2571. year. to earlier legislation and the Senator Mr. HEINZ. Mr. President, I ask A 1980 Corps of Engineers evalua- from Maine (Mr. COHEN) stated stand- tion found that there was insufficient ing right where the Senator from Con- unanimous consent that the reading of economic justification for future Fed- necticut is that he had no objection to the amendment be dispensed with. The PRESIDING OFFICER. With- eral maintenance or improvements to it and indeed supported the effort. Eastport Harbor. Accordingly, the Mr. WEICKER. I have no objection. out objection, it is so ordered. corps will not provide assistance to The PRESIDING OFFICER. Is The amendment is as follows: Eastport to modify the breakwater. there further discussion on the At the end of the joint resolution, add the Eastport would like to finance- amendment? following new section: SEC. . (a) In addition to any other through a State bond issue which is The question is on agreeing to the amounts appropriated to the United States expected to be approved in early No- amendment of the Senator from Customs Service by this joint resolution, vember-and conduct the work itself. Maine. there are hereby appropriated $1,000,000 for All of the necessary permits and li- The amendment (No. 2570) was salaries and expenses. censes have been approved and East- agreed to. (b) Notwithstanding any other provision port is very eager to begin work in No- Mr. WEICKER and Mr. HEINZ ad- of this joint resolution, of the funds appro- vember when financing is obtained. dressed the Chair priated by this joint resolution to the However, it is precluded from doing so The PRESIDING OFFICER. The United States Customs Service- by the River and Harbor Act which Senator from Pennsylvania is recog- (1) at least $4,240,000 shall be used to pro- vide direct investigatory manpower posi- prevents it from making permanent al- nized. tions which are to be devoted to the en- terations to a facility under corps au- Mr. WEICKER. Mr. President, a forcement of those customs laws against thority. To resolve this problem it is point of order. fraud that involve the importation of steel, necessary to congressionally transfer The PRESIDING OFFICER. The and authority for the breakwater from the Senator from Pennsylvania has the (2) at least $260,000 shall be used to pur- corps to Eastport. floor. chase 4 mobile chemical spectrometers. It is important that the Eastport Mr. HEINZ. Mr. President, may I in- Mr. HEINZ. Mr. President, I offer project be deauthorized as soon as pos- quire of the Senator from Connecticut this amendment on behalf of myself, sible so that work can begin in Novem- what he wishes to do? Mr. BYRD, Mr. GLENN, Mr. RANDOLPH, ber. Eastport will have funding for the Mr. WEICKER. Mr. President, I Mr. SPECTER, Mr. SARBANES, Mr. HOL- improvements by then and must wish to ask the Chair if that is the LINGS, Mr. SASSER, Mr. PERCY, Mr. either begin winter weather or wait ruling of the Chair that the manager RIEGLE, Mr. LUGAR, Mr. MOYNIHAN, Mr. until spring. I again stress, that the of the bill is seeking recognition, and EAGLETON, Mr. NUNN, Mr. CRANSTON, deauthorization measure would re- the pending business is the amend- Mr. DIXON, Mr. MELCHER, Mr. GRASS- quire no Federal funds and is noncon- ment of the Senators from Oregon LEY, Mr. LEVIN, and Mr. DENTON. troversial. I urge my colleagues to give and Ohio, and I now wish to have Mr. President, the amendment that it favorable consideration. unanimous consent, which I expect to I have sent to the desk addresses a Mr. President, this is a noncontro- do, to go to the amendment of the matter of serious concerns not only to versial amendment which has been Senator from Pennsylvania. our ailing steel and support industries cleared with both the manager from The PRESIDING OFFICER. The in the United States but also to our the majority and the ranking minority Senator is correct. The pending busi- entire Nation. This amendment pro- November 10, 1983 CONGRESSIONAL RECORD-SENATE 31977 vides increased resources for the Cus- Senate Finance International Trade books. Coupled with lax enforcement, there toms Service's efforts to deter steel Subcommittee hearing on March 17, have been administrative reductions in per- import fraud. An investigation con- 1983, by Customs, it was asserted that: sonnel. ducted by my staff as well as a sepa- Customs learned that violations like those Mr. President, this amendment rate and independent 1'2-year-long in- committed by Mitsui . . . had undoubtedly would increase the amount that Cus- vestigation by the House Energy and been committed by other large steel import- toms devotes to direct investigatory Commerce Oversight Subcommittee ers and that . . fraud was perhaps even an manpower resources for steel import revealed the same conclusion: Massive industry wide problem. fraud to a minimum of $4.2 million. amounts of steel import fraud commit- At the House Energy and Commerce This represents only $1.4 million more ted primarily by large overseas trading oversight hearings on steel import than Customs' fiscal year 1984 esti- houses and a grossly inadequate Cus- fraud on September 21 and 23, 1983, mated for this purposes; that is, $2.8 toms effort to stop the practice. Chairman JOHN DINGELL stated that: million. I would hope that they could There are presently over 60 major .. the schemes employed by Mitsui were allocate even more than $4.2 million, cases open, some dating back 5 to 7 not exceptional. Indeed there was evidence but I would prefer to review their per- years. Penalty notices on several cases to believe that many other companies and formance with this added amount currently open involve potential fines countries had their industries utilize similar before suggesting other measures. approaching one-half billion dollars. or identical services. The second part of my amendment Without additional resources devoted Steel import specialists testifying at addresses the need for equipment re- to steel import fraud, the caseload will these hearings also related that other sources at the ports. Physical re- continue to increase without sufficient exporters would employ similar sources at the ports are practically resolution of the current backlog and schemes that Mitsui utilized. The do- nonexistent. Currently no ports except future discoveries will be limited and mestic steel industry has expressed New Orleans possess on site chemical incomplete. Additionally, steel import similar sentiments. The Mitsui fraud analysis equipment, which greatly in- fraud will likely increase due to case cited here was settled in 1982 and hibits fraud detection as confirmed by present worldwide steel overcapacity, involved various illegal fraud schemes dedicated import specialists testifying depressed world steel demand, the conducted at numerous U.S. ports. at Congressman DINGELL'S hearings. of massive international debt problem Fraudulent steel imports of $100 mil- The steel industry has complained the recent several steel exporters, and lion were uncovered. Five other cases that steel grade misidentification is a quota restrictions on specialty steel under active investigation involve po- presently used fraud scheme. In that and the EEC quota agreement. All of tential fraudulent steel imports of steel's grade type is these conditions have led to fierce indistinguishable nearly $0.5 billion. by sight, exporters can lower their competition with a significant amount The size of many others is unknown duties or circumvent quotas by under- of illegal sales to the U.S. market. due to criminal law secrecy require- Therefore, a minimum of $4.2 mil- grading the material. Mobile spec- ments. It is, however, apparent that trometers would uncover this form of lion should be directed solely to the in- these illegalities occur on a very large vestigation of steel import fraud. This fraud at the port. The New Orleans scale. unit recently detected a chemical mis- represents only $1.4 million more in- The majority of present steel cases vestigatory funds over that projected classification which resulted in $23,000 involve Far Eastern countries. Many of additional duties. Given the appar- for fiscal year 1984 by Customs. Addi- involve large oriental trading houses tionally a minimum amount of ent value of these machines to en- which export hundreds of millions of hance our fraud detection capabilities $260,000 should be provided to pur- dollars worth of steel to the United chase four mobile chemical spectrom- as well as their payback prospects, and States each year in addition to many future deterrant effects, I believe that eters for steel analysis at major steel other commodities. importing ports. This will give Cus- the acquisition of five of these units at Given this overwhelming evidence of a cost of $260,000 is a necessary invest- toms a reasonable tool to detect fraud- the alarming size of the illegal prac- ulent misclassification of steel type. ment if this Government is serious tice, the administration response has about combating fraud. Given the tragic state of the U.S. been to offer only token resistance. steel industry, this potential amend- Finally, we should all recognize that The Customs Service's fiscal year 1984 the likelihood of steel import fraud is ment only serves to enhance our abili- estimate of direct investigatory re- ty to enforce one of our present trade greater today than it has ever been. sources for steel import fraud is $2.8 The worldwide recession coupled with laws which is being flagrantly violated. million. There are currently over 60 Customs' lack of devoted resources to persistent steel oversupply and overca- open cases of major steel fraud under pacity has led to fierce competition, this problem encourages further trans- active investigation. Some of these gressions. much of which is illegal, to push steel cases date back 5 to 7 years. While the through the path of least resistance; It is a cruel injustice that many a of extreme complexity and seriousness that is, the open U.S. market. More- job has been lost to fraudulently im- some of these cases necessitate a over, the October 1982, Steel Agree- ported foreign steel. A strong Govern- lengthy investigation, many have been ment effort at deterring fraud will cer- ment and the recent specialty steel drawn out excessively long due to a import restraints offer ingenious ex- tainly not alleviate all the problems of lack of resources. porters many opportunities for fraud- the industry, but it will be a signifi- The backlog of cases has been stead- cant help. It is also worth noting that ulent circumvention such as misdesig- ily growing with new cases initiated of origin, grade such an action is not a protectionist each month without resolution of a nating the country misidentification, and so forth. I un- measure. It is simply a matter of jus- similar number of open cases. This is of Commerce tice, of enforcing our present laws. troublesome because Customs could derstand that Secretary stated that aggressive en- Of course it is a matter of revenue, resort to superficial case development Baldrige has forcement of our trade laws could since the Customs officialsial generally to reduce the growing backlog. percent of the take in $19 for every dollar spent. One At the House Energy and Commerce limit steel imports to 15 ag- steel fraud case-the infamous Mitsui oversight hearings on steel import U.S. market. I look forward to that investigation-netted the U.S. Treas- fraud Chairman JOHN DINGELL ex- gressive effort. Meanwhile, we must up ury $11 million. pressed his frustration: continue our efforts to tighten fraud detection prosecution, and deter- It is generally recognized that steel The evidence reports that the Federal import fraud has and is being commit- Government has given import fraud a low rence in the face of these increased ted on a massive scale. Treasury and priority. There has been a tremendous fail- import pressures. Customs themselves have admitted as ure on the part of one administration after Mr. President, we have chosen to much. In written responses to the another to enforce the trade laws on the concentrate our investigation and sub- 31978 CO NGRESSIONAL RECORD-SENATE November 10, 1983 sequent amendment on only one com- the distinguished Senator from Penn- that this amendment takes an impor- modity-steel-due to time con- sylvania, Mr. HEINZ. The purpose of tant step toward insuring the strict en- straints. Let me summarize by saying this amendment is to provide the mini- forcement of our customs statutes to that I am appalled at the magnitude mum resources necessary for the en- guarantee this end. I urge my col- of this problem of which many of us forcement of the trade laws of the leagues to adopt this amendment.e including myself had been unaware. United States. Mr. WEICKER. Mr. President, the The effort Customs is giving to fraud I have spoken on several occasions committee has no objection to the is simply not going to measurably on the subject of this country's trade amendment. deter future fraudulent steel imports. laws. I have stated that our trade laws The PRESIDING OFFICER. The Customs has declared fraud to be a are ineffective, and that foreign na- question is on agreeing to the amend- advantage of new area of emphasis, but they must tions have taken full ment of the Senator from Pennsylva- every weakness in those laws. That is now follow through. nia. this condition could exist particularly true of steel imports, Frankly, The amendment (No. 2571) was on other commodities as well-al- which have cost West Virginia jobs. though probably not involving the Steel imported into the United agreed to. huge dollar amounts of fraudulent States arrives in large volumes, usually Mr. HEINZ. Mr. President, I move to steel imports. I am not familiar with in container ships. It is difficult for reconsider the vote by which the the facts involving other commodities the Customs Service to fully verify the amendment was agreed to. but I would suspect that Customs exact nature of each incoming cargo. Mr. BYRD. Mr. President, I move to should additionally reappraise its ef- The pending amendment would help lay that motion on the table. forts in other areas as well. provide the Customs Service with The motion to lay on the table was I urge my colleagues to adopt this some of the manpower it needs to agreed to. amendment to alert Customs of our check incoming cargoes with greater The PRESIDING OFFICER. Is the dissatisfaction, to alleviate our inad- precision. Senator from Utah seeking recogni- equate resource problems, and to deter The amendment also earmarks tion? future fraud. funds for the purchase of devices that Mr. HATCH. Yes, Mr. President. Mr. President, the amendment I measure the quality and composition Mr. President, I wonder if I could have sent to the desk addresses a of steel. Current agreements with our ask the Senator from Connecticut and to European trading partners provide matter of serious concern not only Ohio if I could call up an amendment industry limits on specific types of steel. The our ailing steel and support while they are still negotiating? in the United States but also to the new devices will be used to insure com- The PRESIDING OFFICER. The entire Nation. pliance with those limits. What we do in this amendment is Mr. President, this is the least we question now recurs on the amend- provide increased resources to combat can do to bolster enforcement of our ment of the Senator from Ohio. and deter the growing problem of steel relatively weak trade laws. I urge the Mr. HATCH addressed the Chair. import fraud. This is something the adoption of the amendment. The PRESIDING OFFICER. The Customs Service is desperately trying STATEMENT OF SENATOR SPECTER Senator from Utah. to do, but it does not have adequate e Mr. SPECTER. Mr. President, I sup- Mr. HATCH. Mr. President, if it is resources to do so. port the amendment offered by my all right with the distinguished Sena- I would only add for the sake of distinguished colleague from Pennsyl- tor from Connecticut and it is all right keeping this debate brief that on in- vania, Mr. HEINZ, to add $1,000,000 to with the distinguished Senator from vestigation conducted by my staff as the appropriation of the U.S. Customs Ohio that I could proceed with an well as a separate 1 /2-year-long investi- Service for the purpose of combating amendment to try to resolve a bank- gation by the House Energy and Com- steel customs fraud, through increased ruptcy problem that presently exists merce Oversight Committee all came manpower and the purchase of four and should be resolved. So I ask to be to the same conclusion; namely, that mobile chemical spectrometers. able to proceed to do so. the American public is being ripped The evasion of import quotas, the The PRESIDING OFFICER. Does off by massive amounts of steel import falsification of customs documents and the Senator ask unanimous consent fraud committed primarily by large other violations of present civil and that the pending amendment be tem- overseas trading houses, trading com- criminal statutes all pose a grave panies, and a grossly inadequate Cus- porarily set aside? threat to the stability of our Nation's Mr. HATCH. Yes. toms effort to stop the practice. This industry is already steel industry. Mr. WEICKER. I object. Lest anyone worry about the finan- plagued by intolerably high unemploy- Mr. HATCH. Mr. President, I ask cial aspects of this amendment, Mr. ment, low capacity utilization, and President, they are modest. We think unfair foreign competition from subsi- unanimous consent that the pending we can do most of this by redirecting dized and dumped imports. This amendment be set aside so that I may existing resources. amendment will help assure that it is present this amendment. The fact is that any additional re- not prey to unscrupulous foreign pro- Mr. WEICKER. I object. sources that we have would indeed ducers who willfuliy-violate our cus- The PRESIDING OFFICER. Objec- repay us handsomely. It is a fact that toms laws. tion is heard. since the Customs Service generally The proposed amendment, which Mr. WEICKER. Mr. President, I ask takes in about $19 in recoveries for would add $1,000,000 to the budget of unanimous consent that the pending every $1 spent and just for one steel the U.S. Customs Service, also stipu- amendment of the distinguished Sena- fraud case, again this is the infamous lates that $4,240,000 of the total tors from Ohio and Oregon be tempo- Mitsui investigation, netted the Treas- amount appropriated be used for rarily set aside in order to permit pres- ury $11 million on that case alone. direct investigatory manpower devoted entation of an amendment by the dis- So, Mr. President, I hope the manag- specifically for the enforcement of tinguished Senator from Michigan at ers of the bill can accept this amend- steel customs fraud. I believe that this the conclusion of which we return to ment. targeted appropriation, along with the the pending business, which is the Mr. BYRD. Mr. President, will the provision requiring the purchase of amendment of the Senators from Ohio Senator yield? four mobile chemical spectrometers, is and Oregon. Mr. HEINZ. I yield. a sorely needed reform, as well as a The PRESIDING OFFICER. With- ENFORCE AMERICA'S TRADE LAWS cost-effective expense. I have stated out objection, it is so ordered. Mr. BYRD. Mr. President, I rise in repeatedly that free trade is desirable support of the amendment offered by as long as it is fair trade, and I feel November 10, 1983 CONGRESSIONAL RECORD-SENATE 31979 AMENDMENTNO. 2572 has agreed, first of all, to this amend- We have made a strong bipartisan (Purpose: To propose funds for a program ment; second, that he has made a com- effort in this area involving members of health care for unemployed workers) mitment to bring the authorizing leg- of both the Finance and Labor and Mr. RIEGLE. Mr. President, I send islation up next week; and, third, that Human Resources Committees, and I an amendment to the desk and ask for this amendment has indeed been care- am pleased to say that authorizing leg- its immediate consideration. fully worked out with Senator HAT- islation should come to the floor The PRESIDING OFFICER. The FIELD and other members of the Ap- within a few days. It is vital that we clerk will report. propriations Committee. include the necessary funding in this The assistant legislative clerk read I would only add that it has been a continuing resolution, because there as follows: very long haul to get this far. But I will be no other appropriate funding The Senator from Michigan (Mr. RIEGLE), want to pay my compliments and vehicle before the end of the session. for himself, Mr. KENNEDY, and Mr. CRAN- thanks to the Senator from Kansas Unemployed workers and their fami- STONproposes an amendment numbered 2572. who came to this floor about 6 months lies have already lived far too long At the end of the resolution, insert the ago when a number of us were trying with the fear and anxiety that they following: to offer a similar amendment and said will not be able to afford needed medi- SEC. . Department of Health and that he felt it would be a better idea if cal care because they lack health in- Human Services. we did not just press ahead and try surance. Further delay would be un- HEALTH CARE BENEFITS FOR THE UNEMPLOYED and get legislation through that might conscionable. For payments for health care benefits for be vetoed. But we found a way to pay I raised this issue on the floor on Oc- the unemployed, $500,000,000 to be avail- for it. tober 4 when the Labor-HHS appro- able only if a program is enacted into law Indeed, the Finance Committee has priations was being considered. At that providing for such benefits. agreed among themselves on a way to time the Senator from Connecticut, Mr. RIEGLE. Mr. President, I thank pay for this through an adjustment, who I know is deeply committed to the clerk for reading the amendment. closing loopholes and income averag- making funds available for this pur- This is an amendment that has been ing, and we can present to both the pose, assured us that he would support worked out on the basis of a bipartisan other body and the President a pro- including funds for health insurance agreement of Members on both sides. gram that does a very important job in for the unemployed in a suitable vehi- What this amendment would do would serving the needs of our unemployed cle. I raised it again when we consid- be to provide the money in this bill who do not have access to health care ered the supplemental. Senator RIEGLE pending a later authorization of this but also will not increase the budget and I withdrew our amendment on legislation. It is anticipated that this deficit. Any time you can help people Senator HATFIELD'S assurance that he legislation will be coming to the floor without increasing the budget deficit, would include it in the bill we are dis- on the basis of the bipartisan agree- Mr. President, you have indeed done a cussing today. I hope that in view of ment within a matter of hours, prob- good thing. the imminence of the authorizing leg- ably on Monday or very close to it. So I just wanted to say to my col- islation these members of the Appro- The indication that we have from leagues on this side of the aisle that priations Committee will support this the administration is that they are we believe this is a responsible amend- amendment. Unemployed workers and prepared to accept this amendment ment. I want to commend again the their families cannot afford to wait because the authorizing legislation we Senator from Michigan for offering it. any longer. will soon be considering provides fund- And I ask that he include me as a co- Mr. President, let me review the his- ing to offset the cost of this program. sponsor if he has not already done so. tory of this legislation and the need There is a revenue provision that has Mr. RIEGLE. I thank the Senator for quick action. been worked out with Senator DOLE so The Senate is strongly on record in that this is budget neutral with re- very much. con- support of this program. In the spring, spect to its impact on the deficit. Mr. President, I ask unanimous the Senate voted 90 to 9 in favor of in- I might just say one other thing sent that the Senator from Pennsylva- unem- before yielding to the Senator from nia, Mr. HEINZ, and the Senator from cluding health care for the Pennsylvania, Senator HEINZ, who has Michigan, Mr. LEVIN, be added as co- ployed in the budget resolution. Last been a very active leader in this effort, sponsors. June, we voted 75 to 23 for a supple- and that is to acknowledge, as well, The PRESIDING OFFICER. With- mental appropriations for fiscal year the leadership of Senator SPECTER, out objection, it is so ordered. 1983. The House has already passed who is very interested in this issue and Mr. RIEGLE. I yield to the Senator authorizing legislation. As I indicated, is on his way to the floor at this time. from Massachusetts. a bipartisan authorizing bill will come This opening came in the schedule. I Mr. KENNEDY. Mr. President, I to the floor within the next few days. just wanted to acknowledge his efforts welcome the opportunity to join again With this strong bipartisan commit- as well as Senator KENNEDY'S and with the Senator from Michigan and ment in both Houses, I believe that en- many others. other colleagues on the other side of actment of this crucial legislation is Mr. HEINZ. Will the Senator yield? the aisle in urging the Senate this possible before adjournment. By Mr. RIEGLE. Yes. evening to consider this proposition. adopting our amendment, we can Mr. HEINZ. First of all, Mr. Presi- This is the fifth time this year that assure the prompt implementation of dent, I commend the Senator from the Senate will have had an opportu- this much-needed program. Michigan for his determined interest nity either to vote on this issue or to The dimensions of the problem are in this subject. He has worked very address it. It is a recommendation to enormous. The United States has just closely with many other Senators, not address the needs of more than 6V/2 suffered through the worst recession only those he just mentioned but Sen- million Americans who have both lost since the Depression-unemployment ator QUAYLE, Senator HATCH, and their jobs and lost their health insur- remains at over 9 percent. other Senators on both sides of the ance. It leaves maximum flexibility up One of the worst consequences of aisles. to the States to prepare such a pro- this deep recession is the loss of I have asked him to yield to me just gram, and it does it without impacting health insurance that too often com- so I may explain to my colleagues that the budget. pounds the tragedy of unemployment. the representations on behalf of the Mr. President, I am pleased to join The Congressional Budget Office es- Senator from Kansas are indeed as I with Senator RIEGLE in offering this timates that almost 9 million Ameri- understand them to be; that is to say amendment to provide $500 million in cans and their dependents are unem- that it is my understanding that the fiscal year 1984 for health care for un- ployed and without health insurance. chairman of the Finance Committee employed Americans. Millions are forced to go without es- 31980 CO iNGRESSIONAL RECORD-SENATE November 10, 1983 sential health care because they face picked up in the supplemental later est recession since the Second World the cruel choice between paying the on. War. bill for food and rent, or paying the Mr. MOYNIHAN. Mr. President, one I therefore regard the action we are doctor's bill. Infant mortality is rising of the most dire consequences of the advancing today as a necessary and in hard-hit States, where the number recent recession, the worst in postwar humane response. All 50 States would of women who receive no prenatal care history, has been the loss of health share equitably in the $500 million of has tripled. care coverage for the families of mil- Federal benefits. Supplementing these But these are only the bare statis- lions of unemployed workers. Accord- benefits, if we accept, in future au- tics. The real human tragedies are ing to the Congressional Budget thorizing legislation, the most equita- even more compelling. I told some of Office, prolonged high unemployment ble formula, would be State contribu- the stories of these individual cases on left nearly 11 million Americans with- tions equivalent to between 5 percent October 4. I will not repeat these cases out health coverage by the close of and 25 percent of the Federal grant. in detail today, but they included an 1982. With unemployment projections Under this proposed formula, New infant death that could have been continuing to run high through the York State would receive $31.1 million; avoided and individuals who lost life end of 1984, this state of affairs prom- in turn, it will put up $6.2 million in savings because they happened to get ises to worsen. State funds. sick while they were temporarily un- One of the more emphatic biparti- A word about the formulas is also employed. san acts of the 98th Congress was the necessary. Under the proposed formu- I assure the Senate that these sto- vote of 90 to 9 by which this body en- la (which we will discuss next week), ries are tragic-and doubly tragic be- dorsed the proposal of the Senator the matching amount required of each cause they could have been avoided if from Kansas to provide $225 million in State would be based primarily, and the legislation that we are considering fiscal year 1983 and $900 million in appropriately, on the number of citi- today had been on the books. fiscal year 1984 for health care bene- zens unemployed for over 26 weeks, Only by reversing the administra- fits for the unemployed. When the who therefore are no longer eligible tion's reactionary economic policies fiscal year 1983 supplemental appro- for unemployment insurance. Under can we truly offer hope to the strug- priations bill first came before the the formula, long-term unemployment gling families of America. Senate, however, it recognized the would receive a two-thirds weighting, But it is not enough to wait for the problem but failed to include any while the insured unemployment rate recovery. Health care is too important funds for the remainder of fiscal year would receive only a one-third weight- to be sacrified on the altar of supply- 1983. I therefore offered an amend- ing. Thus, the emphasis would be side economics. No pregnant woman ment, approved by this body by a vote placed properly on aiding the chron- should be denied prenatal care be- of 75 to 23, providing $225 million to ically unemployed, who have exhaust- cause she and her husband are unem- the States over the last months of ed all benefits and are nearing the end ployed and cannot pay the doctor's fiscal year 1983 to continue to provide of their resources. New York State, bill. No workers should lose their basic health care for unemployed with nearly 153,000 long-term unem- health insurance because they lost workers and their families. ployed citizens, desperately needs such their job. No families should lose their In the same spirit, I rise in support a formula; considerations of equity for access to health care because they of this amendment to appropriate those most in need suggest that the have become casualties of the adminis- $500 million for health care benefits Senate accept this formula. I strongly tration's unfair war against inflation. for the unemployed, and their fami- urge my colleagues to do so; but as a The amendment before us would lies, during the first half of fiscal year first and essential step, we must accept provide $900 million for fiscal year 1984. Without maintaining such assist- the package to provide $500 million in 1984, the amount in the authorizing ance, these same victims of the reces- health care benefits during this next legislation we will consider today. Its sion will be in danger of losing all fiscal year. expediture is dependent on enactment health care. As supporters of this leg- Mr. GRASSLEY. Mr. President. I of that legislation, which includes suf- islation pointed out during the effort oppose using income averaging as a fi- ficient tax funds to finance it. It is to secure benefits in fiscal year 1983, nancing mechanism for health bene- well below the $2 billion authorized by these unemployed workers and their fits for the unemployed. Income aver- the budget resolution. I urge my col- families can barely feed themselves aging was the subject of debate recent- leagues to adopt this amendment. and pay the utility bills, let alone pay ly before the Senate Committee on Fi- Mr. RIEGLE. Mr. President, I ask the high cost of medical care. At the nance. At that meeting, proponents of unanimous consent to add Senator same time, the hospitals and clinics to the change in this provision argued SPECTER as a cosponsor of the amend- which these individuals flock will not that modifying income averaging ment. continue to absorb the costs of care would not be harmful to taxpayers The PRESIDING OFFICER. With- for so many millions of uncovered, since the tax brackets are now in- out objection, it is so ordered. nonpaying patients-they will not, be- dexed. These individuals argue that Mr. RIEGLE. Mr. President, I just cause they cannot. The loss of employ- income averaging was instituted in the want to say a word about Senator ment will lead to the loss of good mid-1960's to permit taxpayers to miti- DOLE on this. He was on the floor a health, unless this body acts decisively gate the adverse effects of inflation. moment ago. He is not here at the in favor of the amendment. Since income tax indexing has now moment. He really has done an out- Estimates of the extent of this reces- been enacted and taxpayers need no standing job in shepherding the effort sion's damage are, at best, tenuous; longer fear being pushed through the to reach an understanding, a biparti- but the Congressional Budget Office rate structures by cost of living in- san understanding, with respect to the has reported more than 10.7 million creases, the proponents of change mechanics of this bill. persons, since December 1982, have argue that this alteration of current This amendment, of course, only lost their health insurance as a result law will not be harmful. provides the funding on the basis of a of unemployment; 7.4 million of these During the 1960's the United States later authorization which we will be victims actually lost their jobs, the re- had a very low rate of inflation. The taking up next week. But his willing- mainder are their dependents. In New purpose of income averaging when en- ness to be a leader, along with many York State, over 673,000 citizens are acted was to prevent individuals with others, has been an important part of currently without work, with 153,000 erratic income from facing a heavy tax our ability to come here at this time. of these individuals having gone with- burden in the year they received that The funding here is only for half the out employment for 26 weeks or more. income. Many taxpayers do not enjoy year, and for the remainder to be These jobs have been lost in the great- the luxury of a regular paycheck. In November 10, 1983 CONGRESSIONAL RECORD-SENATE 31981 recent years, farmers have been duced his Pennsylvania House bill 55 ested in our concept but urged us not among the class of taxpayers with making the State's unemployed eligi- to proceed at that time because of the vastly fluctuating incomes. In my ble for basic health insurance, we complexities of the social security bill home State of Iowa, 10 to 15 percent began to collaborate with him, Con- and a possible veto threat by the ad- of the tax returns prepared by the gressman MCDADE and Governor ministration, which had reservations Iowa Farm Bureau in any given year Thornburgh on how the Federal Gov- about passage of such legislation with- use income averaging. In fact, 80 per- ernment could assist the State with out prior, indepth review of it. Howev- cent of Iowa farmers have used the such a program. er, because of his intense interest, Sen- income averaging provisions at one After much research, we decided ator DOLE did collaborate with us in point in time. that the block grant concept would be developing the concept in similar legis- As my colleagues are aware, farmers the most efficient and expeditious way lation, S. 951. He also set up a meeting and small businessmen are often to assist States experiencing high un- with the administration on March 25 unable to control the factors which employment rates. It was estimated where we discussed the proposal with affect the amount of income they will that health insurance could cost as David Stockman of the Office of Man- earn in a particular year. Interest much as $75 to $100 per month, or 13 agement and Budget, Secretary of costs, drought, energy costs, and other to 18 percent of the average unem- Health and Human Services Margaret vagaries of the economy have a par- ployment compensation check. It Heckler, and Senator DURENBERGER, ticularly harsh impact on the incomes became obvious to us that assistance chairman of the Finance Subcommit- of these taxpayers. In a sense, they from the Federal Government to the tee on Health. are a victim of factors beyond their States in a block grant would not only On April 6, President Reagan had control as are the unemployed. To me, provide the needed funds to offset the occasion to travel to Pittsburgh. Sena- but also pro- it is particularly illogical to finance high cost of insurance, tor HEINZ, Governor Thornburgh, and health insurance for the unemployed vide them with the flexibility to set up I took the opportunity to inform the individ- a program which suited the special with a measure which helps President that one of the issues most hard times to distrib- needs of each State. uals weathering likely to be raised would be health burden over more pros- On March 5, Senator HEINZ and I ute their tax care for the unemployed. The Presi- perous years. held an open house in Midland. Mid- To conclude, I oppose any alteration land is a town where the major em- dent did, in fact, receive such a ques- to the current income averaging provi- ployer, Crucible Steel, had closed tion and expressed his concern about sion and encourage my colleagues to down, and the unemployment rate was this serious problem. It was his first do likewise. 50 percent. We had a high school audi- public comment on the issue. Mr. SPECTER. Mr. President, the torium full of people who emphasized The momentum continued to build widespread loss of health care benefits that health care coverage for the un- as both the Finance Committee and for the unemployed is a potentially employed was their number one con- Committee on Labor and Human Re- devastating catastrophe. Millions of cern. This meeting convinced us even sources planned to hold hearings re- unemployed workers and their fami- more that action could wait no longer. garding the bills before them, on April lies face serious long-term health risks On March 15, 1983, Senator HEINZ 21 and May 3, respectively. The Fi- unless affordable health care insur- and I introduced the Health Care for nance Committee was looking at S. ance is restored to them. Displaced Workers Act of 1983 (S. 951, which we had coordinated with The unemployed find themsleves in 811). Under this legislation eligibility some of its members, and the Subcom- an impossible financial bind. Premi- would be extended to unemployed mittee on Employment of the Labor ums for individual policies cost at least workers who, one, were entitled to reg- and Human Resources Committee was twice as much as the group policy they ular, extended or Federal supplemen- reviewing S. 811, our original bill joined at work. These higher premi- tal compensation as of the date of en- which had been referred to it. ums could consume up to one-half of actment or who lost entitlement I testified at both hearings, urging each monthly unemployment compen- within the 12-month period preceding prompt action and explaining that the sation check. And by accepting unem- the date of enactment because of the need for health care coverage for the ployment benefits, or taking a part- exhaustion of their compensation ben- unemployed could no longer be over- time job, they become ineligible for efits, and two, were participants in a looked. We cannot afford risking the welfare medical assistance. group health plan contributed to by tragic irony of having the health of Faced with so many competing bills their employers. Family members of unemployed workers so neglected that for basic needs, jobless workers are qualifying individuals would include they may be unable to return to work passing up health care. According to the worker's spouse and worker's chil- once the economy finally recovers. press reports, pregnant women are dren 18 years of age or younger or a Shortly after those hearings, which foregoing prenatal medical care, sur- maximum of 22 years of age if they did indeed point out the desperate gery is being postponed, and prescrip- were full-time students. need for such a health care program, tions are being ignored because they Benefits under this program would the Senate was considering its budget are just too costly. The tragic result be established by the State, but are de- resolution for fiscal year 1984. In an will almost certainly be that minor fined as a program providing health encouraging move, the Senate voted 90 health ailments will become serious, care directly or through insurance. to 9 to include $1.8 billion of funding and simple health problems will reap- The allocation of those Federal dol- for a program, provided that matching pear as traumatic medical emergencies lars would be based on a three-part revenues could be raised. that might have been avoided with formula targeting the funds to States On June 15, the Senate had before it timely, routine health care. of high unemployment: One, number the fiscal year 1983 appropriations This is a national problem requiring of unemployed, two, number of unem- supplemental bill. At that time, it a national solution. ployed individuals in excess of 6 per- voted to appropriate $225 million for Senator HEINZ and I have been cent of the civilian labor force, and health care for the unemployed for working together since January to three, number of individuals unem- the remainder of fiscal year 1983. This ease the health care problems of the ployed for 15 weeks or more. was the recommended figure in the unemployed. Since the fall of last When the social security bill was budget resolution and was to be avail- year, we began to hear consistent re- pending before the Senate on March able when a program was enacted into ports of problems caused by the loss of 23, Senator HEINZ and I pressed Sena- law. employer-based health insurance. In tor DOLE, chairman of the Finance A week later, the Labor and Human January of 1983, when Representative Committee, to add our measure to Resources Committee reported out a Joseph Pitts (Chester County) intro- that bill. Senator DOLE was very inter- bill authorizing a program for health 31982 CONGRESSIONAL RECORD-SENATE November 10, 1983 care coverage for the unemployed. sions, so this is neutral with respect to sented as a package. Unless the Senate The basic concept of the program had its effect on the budget. accepts it, unless it survives a confer- been taken from S. 811, which had Mr. NICKLES. If the Senator will ence and unless it receives the Presi- been referred to that committee. yield further, he says this is neutral, dent's signature, not 1 cent can be ex- In the meantime, Congress was get- but would this not result in the appro- pended. ting closer to a joint agreement on this priation of a half a billion dollars Mr. NICKLES. If the Senator will issue in June when the budget confer- before the tax increase has been en- yield further, the language says a pro- ees from the House and Senate com- acted? gram. If we pass language that would promised on a budget authority for Mr. HEINZ. Will the Senator yield? authorize a program, but for some this kind of program. Mr. NICKLES. I do not have the reason, there were objections by Sena- The Senate Finance Committee re- floor. tors on the tax portion of the bill-and ported out legislation on July 14. The Mr. HEINZ. Will the Senator from we all realize that such portions have committee recommended financing for Michigan yield to me? a hard time-and the tax portion does the program-which was a require- Mr. RIEGLE. Yes, I am prepared to not go through, will we have author- ment in the budget resolution-by (a) answer it, but I am happy to have the ized a program providing for health in- making permanent the existing tempo- Senator from Pennsylvania respond. surance for the unemployed without rary provision which fixes the propor- Mr. HEINZ. I thank my friend from approving the tax portion. Or will the tion of the part B medicare costs fi- Michigan for yielding. I know he could entire bill fail? nanced by enrollees at 25 percent of answer it, but perhaps, as a member of Mr. RIEGLE. I will be very blunt program costs and by (b) freezing for the Finance Committee, I am in the about that. The entire understanding the 9-month period of October 1, 1983, best position to answer it. is based on the notion that this will be to June 30, 1984, the prevailing limits The amendment offered by the Sen- financed by tax provisions. con- for all physician services. ator from Michigan is thoroughly Mr. HEINZ. Will the Senator yield? authorizing legislation This type of financing for health ditioned upon Mr. RIEGLE. Yes. being enacted. Therefore, no money care for the unemployed was not ac- Mr. HEINZ. If the legislation does will be spent until the authorizing leg- ceptable to many members, including with the islation is brought to the floor, passed not go through as a package, myself. It was obvious that another revenue to pay for the expenditure, source would have to be found. by the Senate, passed by the House, there is not going to be an authoriza- On August 3, the House of Repre- and signed into law by the President. tion; it will not pass. It will not pass sentatives voted by 252 to 174 on its The authorizing legislation that the be signed by version of a block grant program Senator from Kansas has committed this body and it will not which is similar to the Senate bill in to bring to the floor next week is legis- the President. concept. lation from the Finance Committee Mr. NICKLES. I thank my col- After recess, Dave Stockman, Direc- that contains revenues sufficient to league. tor of the Office of Budget and Man- pay for the entire program, together Mr. President, I wish to be heard on agement, and Senators DOLE, DUREN- with the authorization of an appro- the amendment after my colleague remarks. BERGER, HEINZ, HATCH, QUAYLE, and I priation which we, if we pass that leg- completes his met to discuss a more acceptable islation, would hereby be appropriat- Mr. RIEGLE. I am told that Senator means of funding for the program, ing in fact. DOLE intends to use the passed House since the administration is adamant This appropriation, if you will, will bill. about including financing in the make money available if, and only if, I ask unanimous consent that Sena- actual legislation. The group agreed the entire legislative package goes tor RANDOLPH and Senator LAUTENBERG that a change in income averaging through the legislative process and is be added as cosponsors. would be the best source for funding. signed by the President. The PRESIDING OFFICER. With- Income tax rates will now be indexed Now, we have been told that the out objection, it is so ordered. to the rate of inflation. Unless the 120 President will accept this package as Mr. RIEGLE. I thank the Chair. I percent of base requirement is in- long as the means of paying for it is reserve the remainder of my time. creased to 140 percent, people who with it. That is exactly what the Fi- Mr. NICKLES. Mr. President, I rise income average will become "double nance Committee will bring to the in opposition to this amendment. I dippers" and will receive an unneces- floor next week. hope the majority of our colleagues sary windfall from the Government. It Mr. NICKLES. Will the Senator will not support it. Time and time is estimated that changing this formu- from Michigan yield further? again we hear Senators and we hear la will raise revenues by approximate- Mr. RIEGLE. Yes. Congressmen state, "Yes, these budget ly $2.8 billion over a 3-year period. Mr. NICKLES. The amendment deficits are too high." We have heard It will take a tremendous commit- reads: "to be available only if a pro- the statement that this is question- ment from the U.S. Congress and the gram is enacted." This indicates that able. First, I question whether or not citizens of this country to help those the "program" includes authorizing we will pass the tax increase. Second, I people who have lost their health ben- legislation which has not yet passed question what kind of a tax increase it efits through no fault of their own. and a tax increase to cover its cost. is. Some say we will reduce the Millions of men, women, and children, This tax increase, which would be ini- amount of income averaging that will and even unborn children, are being tiated by the Senate Finance Commit- be allowed. It remains to be seen, Mr. exposed to the hazards of poor health tee would be unconstitutional since President, whether or not we will or care due to unemployment. revenue measures are supposed to be will not do that. But one thing is sure, Mr. NICKLES. Will the Senator initiated in the House; is that correct? if this program is initiated, the finan- yield? Mr. RIEGLE. Well, the first part is cial demands on this program will Mr. RIEGLE. Yes, I yield to the Sen- correct, and that is that money cannot greatly exceed what the Finance Com- ator from Oklahoma. be spent unless an authorizing bill mittee and what this Senate will be Mr. NICKLES. Mr. President, do I passes. It is the stated intention of the able to appropriate to pay for it. understand the funding being request- chairman of the Finance Committee The pressure to increase coverage ed is half a billion dollars to cover one- to bring this legislation to the floor and expand the program will be tre- half of the year? next week and to provide a financing mendous. And before long, this will be Mr. RIEGLE. That is correct. The mechanism. close to having national health insur- authorizing legislation we will soon be That was the requirement of the ance. This is called "health insurance considering has with it a funding White House in their acceptance, that for the unemployed." Initially, if this source, the income-averaging provi- that would be done. So it will be pre- is passed, it will cost a half billion dol- November 10, 1983 CONGRESSIONAL RECORD-SENATE 31983 lars for 6 months. If my math is cor- more of their money and transfer it Mr. NICKLES. Mr. President, I rect, that means it will be $1 billion over to other families. It is another en- make a point of order, that this for 12 months. titlement program. amendment appears to violate rule Quite frankly, that will not even The Senator pointed out 74 entitle- XVI, paragraph 4. come close-Mr. President, could we ment programs. The PRESIDING OFFICER. Does have order? Mr. NICKLES. Seventy-four that the Senator bring a point of order The PRESIDING OFFICER. The automatically increase without any against the amendment? Senate will be in order. new authorization. Mr. NICKLES. That is correct. The Senator from Oklahoma. I see the majority leader is seeking The PRESIDING OFFICER. The Mr. NICKLES. I thank the Chair. the floor. I will be happy to yield to amendment of the Senator from Quite frankly, $1 billion a year will him. Michigan, not come close to providing the which provides that certain Mr. BAKER. Mr. President, I thank appropriations will be available only in amount of funds that will be demand- my colleague from Oklahoma and my ed or requested for this. In other the event of subsequent passage of leg- colleague from Idaho. islation, is, in fact, a legislative propos- words, you will have a lot of people Mr. President, I have just come from al and, therefore, violates the provi- who are unemployed who will say, a meeting with the Speaker of the sions of rule XVI, paragraph 4. "Wait a minute. I did not get this. My House of Representatives on the ques- neighbor is unemployed and he was tion of their schedule and our sched- Mr. RIEGLE. Mr. President, I assert able to receive health insurance." ule for the rest of the evening. that this is a proper time to do this. Health insurance is very, very expen- Mr. President, I reported to the We have discussed this before in previ- sive. If you go out in the market for Speaker and the chairman of their Ap- ous legislative initiatives on the floor. family coverage, you are probably propriations Committee that I be- We have discussed it with the chair- talking in the neighborhood of ap- lieved we could finish this bill in the man of the committee. In fact, there proximately $170 or $200 a month, next couple of hours. That may be a were earlier agreements that if we got year that we are talking over $2,000 a "tad" optimistic but I hope not. In any to this final stage and we had not about. Right now we have around 10 event, the Speaker agreed that the reached a point where this matter has million people who are unemployed. If been acted upon, it would be acted that is families, you are talking about House would remain in session and agreed to appoint conferees tonight upon in this way at this time. As a a $20 billion a year program. And matter of fact, the RECORD will show there are many people who are em- and agreed to go to conference to- that, in those earlier instances, we ployed who do not have health insur- night. ance. Once they are brought into the However, it is by no means certain withdrew other amendments to pro- program its cost will increase by sever- that the conference documents, even viding funding at that point in defer- al billion more dollars annually. assuming a conference report is agreed ence to the requests from the manag- This is a brand new entitlement pro- to, can be prepared for presentation to ers of the bill before us. gram. It has never been funded. Some- the House, which must act first, I appeal the ruling of the Chair and body decided that we need to have a before the early morning hours or per- ask for the yeas and nays. new program. So they said, "Let us haps midmorning of tomorrow. The PRESIDING OFFICER. Is have health and accident insurance I am sorry to report that because there a sufficient second? There is a for the unemployed." It sounds like we what that means is that both the sufficient second. will be performing a great service for House and Senate will be in session to- The yeas and nays were ordered. the unemployed. But the program will morrow, unless there is some break The PRESIDING OFFICER. The be funded by taxes paid by those who that I do not now anticipate. question is, Shall the decision of the are employed. This is simply one more Rather than delay reporting that to Chair stand as the judgment of the scheme that will increase deficits. And the body, I wanted Members to know Senate? the taxes called for in this resolution that as hard as we are trying and as Is there further debate on that ques- or contemplated by the Finance Com- late as we have to stay in order to tion? If not, the yeas and nays have mittee will not come close to paying finish this bill in the Senate tonight, been ordered. The clerk will call the for the total cost for this program. we must do that. My announcement roll. Mr. SYMMS. Will the Senator yield? earlier was that I hoped we could also The legislative clerk called the roll. Mr. NICKLES. I yield. act on the conference report tonight. Mr. STEVENS. I announce that the Mr. SYMMS. I appreciate my col- That apparently has been dashed. It Senator from New Mexico (Mr. Do- league from Pennsylvania, Senator will be tomorrow, I am afraid, before MENICI), the Senator from Minnesota HEINZ, commenting. As another we can act on the conference report. (Mr. DURENBERGER), the Senator from member of the Finance Committee, I So, Mr. President, the plan for this Washington (Mr. EVANS), the Senator might point out that the suggested evening will be to continue on this bill from Arizona (Mr. GOLDWATER), the idea to pay for this, income averaging, until we finish it, and to message the Senator from Nevada (Mr. LAXALT), is going to have a very detrimental bill over to the House of Representa- the Senator from Idaho (Mr. tives with the request for a confer- effect on agriculture in this country. McCLURE), the Senator from Alaska All those Senators who come from ag- ence. It is my understanding then that (Mr. MURKOWSKI), the Senator from ricultural States should recognize that the Speaker tonight will appoint con- Wyoming (Mr. SIMPSON), the Senator farmers, who live with the whims of ferees, as will we, and that the confer- from Texas (Mr. TOWER), and the Sen- the weather, the markets, and so ees will go to conference tonight, per- forth, make money 1 year and lose haps working most of the night in ator from Wyoming (Mr. WALLOP) are money the next 2 years, and then order to complete their action. The necessarily absent. make money and have their incomes staff will then prepare the conference Mr. BYRD. I announce that the averaged, will be directly affected by documents for presentation to the Senator from California (Mr. CRAN- this suggestion. House of Representatives first, as STON), the Senator from Connecticut I question seriously whether or not must be the case, and that will be no (Mr. DODD), the Senator from Ohio income averaging, as proposed to pay earlier than tomorrow morning. (Mr. GLENN), the Senator from Colora- for this, can actually pass this Senate Therefore, I see no way to escape a do (Mr. HART), the Senator from when finally it is recognized that what session on Friday. I regret to give that South Carolina (Mr. HOLLINGS), the it is amounting to is that we are going advice to the Senate but I thought it Senator from Hawaii (Mr. INOUYE), to raise taxes for the people who are better to do it now rather than later. and the Senator from Arkansas (Mr. working in this country so we can take I thank the Senator for yielding. PRYOR) are necessarily absent. 31984 CONGRESSIONAL RECORD-SENATE November 10, 1983 The PRESIDING OFFICER (Mr. in order. The Chair advises the staff The PRESIDING OFFICER. With- JEPSEN). Are there any other Senators that if we cannot conduct business in out objection, it is so ordered. in the Chamber wishing to vote? an orderly manner, the Chair will ask The amendment is as follows: The result was announced-yeas 47, the Sergeant at Arms to clear the At the appropriate place in the bill, add nays 36, as follows: Chamber. the following new section: [Rollcall Vote No. 352 Leg.] Mr. HATFIELD. Mr. President, may SEC. . Funds appropriated or otherwise YEAS-47 I restate my request, now that we have made available for fiscal year 1984 pursuant a little more order. to Section 101(f) of this joint resolution or Abdnor Grassley Percy the enactment Hatch Pressler I have asked unanimous consent to into law of H.R. 3222 shall be Andrews available notwithstanding Armstrong Hatfield Proxmire set aside the Metzenbaum-Hatfield section 15(a) of the State Department Basic Authorities Act Baker Hawkins Roth in order that Bentsen Hecht Rudman amendment temporarily, of 1956 and section 701 of the United States Boren Helms Stafford we may consider the next amend- Information and Exchange Act of 1948, as Boschwitz Humphrey Stennis ment-singular. amended until November 18, 1983. Chafee Jepsen Stevens The PRESIDING OFFICER. Is Cochran Johnston Symms Mr. BOSCHWITZ. Mr. President, D'Amato Kassebaum Thurmond there objection? The Chair hears this amendment has been cleared on Danforth Kasten Trible none, and it is so ordered. both sides. Denton Long Warner Mr. HATFIELD. Mr. President, I ask Weicker It is an amendment that would East Lugar Senators at this time to help us to Exon Mattingly Wilson waive for 8 days the necessity to pass Garn Nickles Zorinsky handle this matter as expeditiously as the State Department authorization Gorton Packwood possible by giving us some indication bill. The State Department authoriza- of amendments that Senators have NAYS-36 tion bill plans to offer. is presently in conference. Baucus Eagleton Metzenbaum There were 96 issues, and they are Mitchell We are trying to set up a list here in Biden Ford down to 1 issue. We expect the confer- Bingaman Heflin Moynihan order to know how long it is going to Bradley Heinz Nunn take. We have to get information to ence to be resolved shortly, but they Bumpers Huddleston Pell the House as quickly as possible as to need an 8-day window for such author- Burdick Kennedy Quayle ization. Byrd Lautenberg Randolph when we expect to go to conference. Chiles Leahy Riegle I say to Senators that I think we can I move the adoption of the amend- Cohen Levin Sarbanes handle almost any amendment, possi- ment. DeConcini Mathias Sasser The PRESIDING OFFICER. Is Dixon Matsunaga Specter bly with one or two exceptions, with- Dole Melcher Tsongas out a rollcall vote. I do not think we there further debate? The Chair hears none. Therefore, the question is on NOT VOTING-17 have to have rollcalls. We are in a po- sition to accept a number of amend- agreeing to the amendment. Cranston Goldwater Murkowski The amendment (No. 2573) was Dodd Hart Pryor ments and will be reasonable in ac- Domenici Hollings Simpson cepting them. I am not saying how agreed to. Durenberger Inouye Tower long they will stay on the measure Mr. BOSCHWITZ. Mr. President, I Evans Laxalt Wallop move to reconsider the vote by which Glenn McClure when we get to conference. We are trying to get to conference the amendment was agreed to. So the ruling of the Chair was sus- and not continue this self-flagellation. Mr. HATFIELD. I move to lay that of the Senate. tained as the judgment I do not think this idea of forcing our- motion on the table. Mr. HATFIELD. Mr. President, I selves until 3 or 4 o'clock in the morn- The motion to lay on the table was move to reconsider the vote by which ing is necessary. agreed to. was upheld. the judgment of the Chair We are going to conference on the Mr. HATFIELD. Mr. President, I ask Mr. STEVENS. I move to lay that supplemental on Monday. I reempha- unanimous consent to set aside the motion on the table. size-we are going to conference on Metzenbaum-Hatfield amendment in The motion to lay on the table was the supplemental on Monday. A lot of order that the Senator from Utah may agreed to. Senators want now to redraft the con- offer an amendment. Mr. BOSCHWITZ and Mr. HAT- tinuing resolution in the image of the The PRESIDING OFFICER. Is FIELD addressed the Chair. supplemental. there objection? The Chair hears The PRESIDING OFFICER. The We do not really have to do that. We are going to have the none, and it is so ordered. Senate will be in order. supplemental back here for consider- The question before the Senate at AMENDMENT NO. 2574 ation next week. So I urge Senators this point is the amendment of the (Purpose: To amend the Bankruptcy Act re- not to try to bring everything out of Senator from Ohio, concerning timber garding the referees salary and expense the supplemental sales contracts. and piggyback it on fund.) The Chair the continuing resolution. Mr. HATCH. Mr. President, I send advises the manager of I ask Senators who have amend- the bill that the Chair will recognize an amendment to the desk and ask for ments to so indicate, so that we can him, but the Senator from Minnesota its immediate consideration. put down their names. I am not con- Mr. FORD addressed the Chair. asked for recognition first. trolling the order of worship, but I am Mr. HATFIELD. Mr. HATCH. Mr. President, I believe Mr. President, I ask trying to get some order so that we unanimous consent to lay aside the I have the floor. can move this matter along rapidly. Metzenbaum-Hatfield amendment Mr. BYRD. Mr. President, the Sena- which is pending, so that we may con- AMENDMENT NO. 2573 tor does not have the floor. He has of- sider other amendments. Mr. BOSCHWITZ. Mr. President, I fered an amendment. Once he offers The PRESIDING OFFICER. Is send an amendment to the desk and an amendment, he loses the floor. He there objection? ask for its immediate consideration. may have the floor, so far as I am con- Mr. METZENBAUM. Mr. President, The PRESIDING OFFICER. The cerned. reserving the right to object-and I do amendment will be stated. Mr. FORD. The minority leader is not intend to object-I do not think The legislative clerk read as follows: correct. that the Senator from Oregon meant The Senator from Minnesota (Mr. BoscH- The PRESIDING OFFICER. The it in this way. WITZ) proposes an amendment numbered amendment sent to the desk is not Mr. STENNIS. Mr. President, may 2573. considered reported until the clerk re- we have order? Mr. BOSCHWITZ. Mr. President, I ports it. The PRESIDING OFFICER. The ask unanimous consent that reading of The amendment will be stated. Chair asks that the Senate please be the amendment be dispensed with. The legislative clerk read as follows: November 10, 1983 CONGRESSIONAL RECORD-SENATE 31985 The Senator from Utah (Mr. HATCH), for others want to hear what is going on so doing, Congress decided that it himself and Mr. HEFLIN, proposes an amend- and what is said and what is in these should be the goal of the bankruptcy ment numbered 2574. amendments. laws to insure maximum return to the Mr. HATCH. Mr. President, I ask The contradiction is the turmoil and creditors of the bankrupt. Thus, in unanimous consent that reading of the talking and walking and everything 1978 the referees' fund was eliminated. amendment be dispensed with. else here to the extent that we cannot The problem this amendment at- The PRESIDING OFFICER. With- hear what is being said even from the tempts to correct is the very uneven out objection, it is so ordered. Chair or from the one who is speaking. way in which Congress dealt with The amendment is as follows: If that is the will of the Senate, I bankruptcies which had already begun At the end of the resolution add the fol- can live with it. But we are just and were still pending on the effective lowing: making ourselves look very odd to the date of the 1978 act. Prior to the 1978 SEC. . (a) This section may be cited as public the way we carry on here with- the "Referees Salary and Expense Fund Act act, the referees' fund fees had been out a chance to hear each other and levied only on estates in chapter VII of 1983". understand at least and transmit it on. (b) Section 403(e) of the Act of November liquidation proceedings, chapter XI re- 6, 1978 (92 Stat. 2683; Public Law 95-598), is I thank the Senator for yielding to organization proceedings and wage- amended to read as follows: me. earner plans; they were not levied in "(e) Notwithstanding subsection (a) of I am not personally complaining, but chapter X reorganizations or in chap- this section- it is a terrible situation we have to ter IX or chapter XII cases. The 1978 "(1) a fee may not be charged under sec- work in. tion 40c(2)(a) of the Bankruptcy Act in a Reform Act wiped out the fees for all The PRESIDING OFFICER. The future cases. For bankruptcies which case pending under such Act after Septem- Senator from Utah has the floor. were still pending, the 1978 act put a ber 30, 1979, to the extent that such fee ex- the ceeds $200,000; Mr. HATCH. Mr. President, $100,000 ceiling on the fees amendment I have sent to the desk for chap- "(2) a fee may not be charged under sec- ter XI reorganization cases but provid- simply places a cap on fees charged to tion 40c(2)(b) of the Bankruptcy Act in a ed no bankrupt estates to support the refer- such cap or other relief for case in which the plan is confirmed after chapter VII liquidation or wage-earner September 30, 1978, or in which the final ee's salary and expense fund. This determination as to the amount of such fee fund was eliminated in 1978. There- cases. is made after September 30, 1979, notwith- fore, it only mades sense to place a cap The discriminatory difference in standing an earlier confirmation date, to the on fees going into the fund from liqui- treatment of pending chapter XI cases extent that such fee exceeds $100,000; and pending liquidation cases is obvi- "(3) after September 30, 1979, all moneys dation proceedings pending in 1978 and extend the present cap on reorga- ous and should be eliminated, as this collected for payment into the referees' amendment seeks to do by placing a salary and expense fund in cases filed under nization proceedings. the Bankruptcy Act shall be collected and I might mention that this exact lan- $200,000 cap on fees charged to pend- paid into the general fund of the Treasury; guage has passed the Senate twice. It ing liquidation cases. There is no ac- and is noncontroversial. It passed the ceptable rationale for the difference. "(4) any balance in the referees' salary House of Representatives last year. The amendment also extends the ceil- and expense fund in the Treasury on Octo- bank- ing of $100,000 on administrative fees ber 1, 1979, shall be transferred to the gen- S. 1013, the Senate-passed ruptcy bill, is ensnarled in the process- payable in chapter XI reorganization eral fund of the Treasury and the referees' proceedings. salary and expense fund account shall be es over there in the House of Repre- closed.". sentatives, It does contain this lan- One of the laudable goals of the guage, but there seems to be little 1978 act, after all, was to insure that Mr. HATCH. Mr. President, I yield an estate's assets went to the creditors distinguished Senator from chance that the House of Representa- to the who were due them rather than to the Kentucky. tives will get any time soon to remedy Government which had no logical Mr. FORD. Without the Senator the situation created by the Supreme claim against them. But through inad- losing his right to the floor. Court Marathon decision and the 1978 has been frus- Can the manager of the bill or the Bankruptcy Act. vertence that purpose Chair advise this Senator about the While this legislation languishes in trated in pending liquidation cases. It procedure? Is it the procedure that the House of Representatives, some makes no sense to have any bankrupt whoever gets the eye of the Chair is bankruptcy estates are being drained estate pay a substantial portion of able to call up the next amendment? by an oversight because of the 1978 estate assets to the Federal Govern- The Senator from Oregon was trying act. If we do not address this simple ment for a fund which is no longer in to get a list a few moments ago. amendment, creditors are deprived of existence, particularly on the discrimi- Mr. HATFIELD. Mr. President, I re- their due because of the needless natory basis where all other types of spond to the Senator by indicating drain. bankruptcy proceedings are either ex- that the Senator from Ohio (Mr. This has been basically accepted by empted altogether or protected by a METZENBAUM) and I have agreed to set the distinguished chairman of the Ju- ceiling on the charge. aside our amendment temporarily, on diciary Committee, the chairman of The House Judiciary Committee a one-by-one basis, rather than on a the appropriate subcommittee here. report on a House bill passed last Con- blanket basis. The purpose of this amendment is to gress identical to this amendment: I asked for a list of names, and I correct an oversight in the Bankrupt- "A fee ceiling in Chapter VII cases is con- would like to alternate on both sides cy Reform Act of 1978, in which the sistent with the underlying rationale of of the aisle, so that we can follow Congress eliminated an anachronism present Section 403(e) and with Congres- Senators will have an known as the referees' salary and ex- sional action in eliminating the fee for all down a list, and cases brought after September 30, 1979. The idea of when they are going to be able pense fund. fees which are assessed in these cases and to offer their amendment. That is the The referees' fund had been in exist- paid into the now-abolished Referees' plan we will follow, unless there is an ence since the 1940's. Its purpose was Salary and Expense fund should be limited objection. to impose fees on certain bankrupt es- to some reasonable amount in order to Mr. FORD. It suits me fine. I just tates in order to pay the cost of sup- maximize the return of the assets of the wanted information. I thank the dis- porting the bankruptcy court system. estate to the creditors." (House of Repre- tinguished Senator from Oregon. In 1978 the fund was recognized as an sentatives Report No. 97-415, p. 3) Mr. STENNIS. Mr. President, I com- oddity which no longer had any sound If pending chapter XI bankruptcies mend the Senator from Oregon. A rationale, and the decision was made deserve relief by way of a ceiling, as little system here will save hours. to have the bankruptcy court system the Congress recognized in 1978, then We are running a contradiction. The supported by the General Treasury, pending liquidation bankruptcies are so-called managers of the bill and just like the other Federal courts. In even more deserving of relief because, 31986 CO NGRESSIONAL RECORD-SENATE November 10, 1983 unlike chapter XI debtors that sur- passed S. 1013. None of these bills also would amend the 1978 Bankrupt- vive, liquidated companies are unable were enacted into law because of diffi- cy Act so as to insure that fees in to make use of net operating loss car- culties with other provisions, but both excess of $100,000 will not be charged ryforwards. For example, the W. T. the Senate and the House were in under section 40(c)(2)(b) of the Bank- Grant estate now has an unused net agreement on the need to remedy the ruptcy Act in a case in which the final operating loss carryforward substan- discriminatory treatment of liquida- determination as to the amount of the tially in excess of $300 million, almost tion proceedings. Each time that the fee is made after September 30, 1979, all of which will still be unused when Senate has approved this provision, notwithstanding an earlier confirma- the estate is closed and which under Mr. President, it has been without ob- tion date. the tax laws can never be used. jection and without controversy. The 1978 Bankruptcy Act provided Moreover, since the 1978 abolish- The amendment to the continuing that all cases commenced under the ment of the referees' fund, the W. T. resolution I am introducing today ad- former Bankruptcy Act would contin- Grant estate has paid to the Internal dresses this inequity in exactly the ue to be governed by the prior law. Revenue Service approximately $30 same way as H.R. 5116 and S. 863 by However, section 403(e) of the 1978 act million in back income taxes to which placing a $200,000 cap on fees assessed placed a $100,000 limit on fees charged the net operating losses could not be in liquidation proceedings which were under the old law in chapter XI cases applied. pending on the effective date of the where the plan was confirmed after Finally, the bank creditors of W. T. 1978 act. I believe that Congress recog- September 30, 1978. The cap was de- Grant have lost some $250 million of nizes the basic unfairness of the cur- signed to limit the extraordinarily their $641 million in loans to Grant- rent situation and is willing to accept high fees in one or more very large as staggering loss-not counting lost the responsibility of correcting this in- asset chapter XI cases which were interest on the loans-the effective re- justice as evidenced by our actions pending at the time and which were covery by the banks in light of recent during the 97th Congress as well as brought to Congress attention. interest rates is actually about 40 per- during the current Congress. Inadvertently, Congress failed to in- cent. The clear intent of the 1978 act This amendment, Mr. President, has clude within the fee limitation a chap- was to insure maximum return of an been cleared by the chairman and ter XI case in which the plan had been estate's assets to such creditors. ranking member of the Senate Judici- confirmed prior to September 30, 1978, Both the House and Senate have ary Committee, and by the chairman but the final fee had not been deter- separately recognized the inequities and ranking member of the courts sub- mined until after September 30, 1979. inherent in this situation and both committee which has jurisdiction over Thus, this amendment is intended to have approved bills containing provi- bankruptcy matters. correct this technical oversight in the sions identical to the one now under ® Mr. HEFLIN. Mr. President, I rise in 1978 act and to insure that similarly consideration. On September 22, 1980, support of the amendment offered by situated cases receive the same treat- the House passed its version of the the distinguished Senator from Utah ment. bankruptcy technical amendments bill (Mr. HATCH). The text is drawn from a Under the amendment, it is intended (S. 658) containing just such a provi- provision contained in S. 1013, the that the $100,000 fee cap would apply sion with a $100,000 cap of fees. The Bankruptcy Court and Federal Judge- to a chapter XI case, where the confir- provision moved through the Judici- ship Act, which passed the Senate ear- mation order was entered prior to Sep- ary Committee and the House floor lier this year. As Members are aware, tember 30, 1978, but the court order without objection. However, there this bill is stymied in the House of fixing the precise amount payable to were serious differences between the Representatives over an issue unrelat- the fund is entered by the court after House and Senate on other, unrelated ed to this amendment-that is, the re- September 30, 1979. The amendment aspects of S. 658, which prevented the structuring of our Nation's bankrupt- would cover a case brought in the U.S. bill from becoming enacted in the 96th cy courts. Bankruptcy Court for the Southern Congress. This technical amendment would District of New York (Lifetime Com- During the current 97th Congress, remedy two drafting errors in the 1978 munities-formerly in re Fidelity the Senate passed on July 17, 1981, Bankruptcy Reform Act which need to Mortgage Investors), and any other without objection, another version of be corrected this year. Under the old pending cases where the plan had the bankruptcy technical amendments Bankruptcy Act, a percentage of the been confirmed prior to September 30, bill (S. 863), which contained a provi- estate assets in liquidation and corpo- 1978, but the final determination as to sion identical to this amendment. Be- rate reorganization cases had to be the exact amount of the fee is made cause members of the House Judiciary paid into the referee's salary and ex- after September 30, 1979. Committee objected to other, unrelat- pense fund for the purpose of offset- Mr. President, I ask unanimous con- ed features of S. 863, however, a sepa- ting the operating costs of the bank- sent that parts of the report accompa- rate House bill, H.R. 5116, separate ruptcy system. In 1978, Congress abol- nying H.R. 5116 from the 97th Con- measure by representatives EDWARDS ished the fund, which had only gener- gress be printed in its entirety to give of California, RODINO of New Jersey, ated a small percentage of the total further explanation for my colleagues RAILsBACK of Illinois and EvANs of bankruptcy operating costs, and on parts of this amendment. Georgia. The bill was favorably report- placed a cap on payments that would Mr. President, I urge my colleagues ed and recommended for passage by be required to be made to the fund by to support passage of this amendment. the House Judiciary Committee and bankruptcy trustees in cases under the There being no objection, the mate- subsequently was passed by the full old act. rial was ordered to be printed in the House of Representatives on Decem- The drafters of the 1978 Reform RECORD, as follows: ber 16, 1981. Thus, both Houses of Act, however, made two drafting Congress have independently passed errors. First, they neglected to include [97th Congress, 1st Session, House of measures which recognize and correct a provision placing a limit on pay- Representatives, Report No. 97-4151 the inequity created by oversight ments under the old act in liquidation FEES CHARGED UNDER THE BANKRUPTCY ACT when the 1978 act was enacted. cases. Second, the limitation on pay- (December 15, 1981.-Committed to the During the 97th Congress, the ments on chapter XI corporate reorga- Committee of the Whole House on the House passed H.R. 5116 which placed nization cases inadvertently failed to State of the Union and ordered to be a $200,000 cap on fees charged to include certain pending cases. printed) pending liquidation cases and the This amendment remedies both (Mr. Rodino, from the Committee on the Senate passed a similar provision in S. problems. It places a $200,000 cap on Judiciary, submitted the following) 863. The Senate again in this Congress payments in liquidation cases filed The Committee on the Judiciary, to whom approved the same provision when it under the old act. The amendment was referred the bill (H.R. 5116) to amend November 10, 1983 CONGRESSIONAL RECORD-SENATE 31987 the Act of November 6, 1978, with respect to Thus, the Fund and the percentage fee Mr. STENNIS. Mr. President, I move certain fees charged under the Bankruptcy system were eliminated as to all cases com- to lay that motion on the table. Act, having considered the same, report fa- menced after September 30, 1979. The motion to lay on the table was vorably thereon without amendment and The 1978 Bankruptcy Act provided that agreed to. recommend that the bill do pass. all cases commenced under the former Act would continue to be gov- Mr. BUMPERS and Mr. HATFIELD I. PURPOSE OF H.R. 5116 Bankruptcy erned by the prior law (Public Law 95-598, addressed the Chair. H.R. 5116 would place a $200,000 ceiling Section 403(a)), but Section 403(e) of the The PRESIDING OFFICER. The on the fees required to be paid into the now- 1978 Act placed a $100,000 limit on fees Senator from Oregon is recognized. Referees' Salary and Expense Fund defunct charged under the old law in Chapter XI Mr. HATFIELD. Mr. President, I ask in Chapter VII liquidation cases brought cases where the plan was confirmed after the unanimous consent to temporarily lay under the former Bankruptcy Act, September 30, 1978 (Public Law 95-598, Sec- Bankruptcy Act of 1898, and pending under aside the pending amendment of Mr. tion 403(e)). The cap was designed to limit METZENBAUM and mine in order that such Act after Septemer 30, 1979. the extraordinarily high fees in one or more Salary and Expense Fund we may have a colloquy and then take The Referees' very large-asset Chapter XI cases, which was abolished by Congress in 1978, as an were pending at the time (but had not yet up an amendment by the Senator anachronism. The bill is consistent with been confirmed) and which were brought to from Illinois (Mr. DIxoN), prior Congressional policy that these admin- Congress' attention. The PRESIDING OFFICER. With- istrative fees in bankruptcy cases should be Congress was not aware of any such ex- out objection, it is so ordered. limited to a reasonable amount, especially traordinarily high fee cases under Chapter in light of the fact that Congress abolished Mr. SPECTER. Mr. President, I Chapter VII cases were the fee for all cases commenced after Sep- VII. No large-asset thank the distinguished chairman of brought to Congress' attention at the time tember 30, 1979. the Appropriations Committee. of the 1978 legislation, and Chapter VII liq- I had intended to offer an amend- II. SUMMARY OF REPORTED BILL uidation cases generally do not generate ex- ment on behalf of myself, and Senator H.R. 5116 would amend Section 403(e) of tremely large fees. Chapter XI reorganiza- SIMPSON, Senator CRANSTON, Senator the 1978 Bankruptcy Act (92 Stat. 2683; tion cases are usually larger than straight Public Law 95-598) to set a limit of $200,000 bankruptcy cases and therefore generally DECONCINI, and Senator MITCHELL, re- on the Referees' Salary and Expense Fund produce much higher fees. lating to funding for an agent orange fees assessed in Chapter VII liquidation H.R. 5116 would amend Section 403(e) of study because that funding is very cases brought under the Bankruptcy Act of the 1978 Bankruptcy Act to set a limit of necessary to have the appropriate test- 1898 and pending under such Act after Sep- $200,000 on the Referees' Salary and Ex- ing on that subject. tember 30, 1979. pense Fund fees assessed in Chapter VII liq- But the funding issue is in the sup- uidation cases brought under the former III. BACKGROUND Bankruptcy Act and pending under such plemental appropriations bill, and I H.R. 5116 would place a ceiling on admin- Act after September 30, 1979. The bill would have had a discussion with the distin- istrative fees paid into the now-abolished place a $200,000 cap on the fees owing in at guished Senator from Utah (Mr. Referees' Salary and Expense Fund in cer- least three Chapter VII liquidation cases GARN) who has given me appropriate tain large-asset cases pending under the pending under the old Bankruptcy Act-In assurances the matter would be han- former bankruptcy law, the Bankruptcy Act re W. T. Grant (involving fees of $20 mil- dled in the supplemental appropria- of 1898. lion), In re Associated Transport, Inc. ($1.5 tion, and I wish to engage in a collo- The Referees' Salary and Expense Fund million in fees), and In re Eastern Freight was established long ago in an era when the quy with the distinguished Senator Ways, Inc. ($500,000 in fees). The reduction from Utah at this time on that sub- bankruptcy courts were supposed to be self- in the fees payable to the now-defunct Ref- supporting. Under the 1898 bankruptcy law, erees' Salary and Expense Fund will result ject. the bankruptcy court system was intended in more money being available to pay credi- Mr. GARN. I thank the distin- to be financed by filing fees and by addi- tors. guished Senator from Pennsylvania. tional fees assessed on the bankrupt estate A fee ceiling in Chapter VII cases is con- Mr. President, I do support this and paid into the Referees' Salary and Ex- sistent with the underlying rationale of amendment. It is already part of the pense Fund. The Referees' Fund was estab- present Section 403(e) and with Congres- The chairman of the lished to reimburse the bankruptcy court supplemental. sional action in eliminating the fee for all Appropriations Committee has men- for expenses incurred in connection with cases brought after September 30, 1979. The bankruptcy proceedings and was until 1946 fees which are assessed in these cases and tioned that we will go to conference on the source of the bankruptcy referees' com- paid into the now-abolished Referees' Monday, and I know of no opposition pensation. Under Section 40c(2) of the old Salary and Expense Fund should be limited to that amendment. I certainly will be Bankruptcy Act, a fee was levied on estates to some reasonable amount in order to there as part of that conference to in Chapter VII liquidations, Chapter XI re- maximize the return of the assets of the defend the amendment that will not organizations, and Chapter XIII wage- estate to the creditors. be offered on this bill tonight, but I earner plans and was assessed in accordance An identical provision placing a $200,000 him I will do everything I can with a graduated fee schedule determined assure cap on Chapter VII cases pending under the to see that it stays in the conference by the Judical Conference. former Bankruptcy Act passed the Senate In 1978, Congress abolished the Referees' on July 17, 1981 as part of S. 863, the Bank- in the supplemental appropriations Salary and Expense Fund and eliminated ruptcy Amendments Act of 1981. Legislation bill. the percentage fee for all cases brought similar to H.R. 5116, but involving a Mr. SPECTER. I thank the distin- under the new Bankruptcy Code. The Fund $100,000 cap was passed by both the House guished Senator from Utah (Mr. had been running a large deficit for a and Senate in the 96th Congress as part of GARN), and I say it is unnecessary to number of years, and there was general the so-called bankruptcy technical amend- take up additional time of the Senate agreement that the bankruptcy court ments bill, S. 658. However, other unrelated at this time. system should be funded from the general provisions of that bill differed in the House I thank the chairman of the Appro- revenues of the Treasury, just as the re- and Senate versions, and it was not enacted mainder of the judicial system is funded. into law.o priations Committee. I yield the floor. On several earlier occasions, the Judicial The PRESIDING OFFICER. The I move Conference had recommended to Congress Mr. HATCH. Mr. President, Chair recognizes the Senator from Illi- that the Fund be abolished in recognition of the amendment. nois. the fact that the bankruptcy court system The PRESIDING OFFICER. Is could not be self-supporting without placing there further debate on the amend- AMENDMENT NO. 2575 an inordinate burden on bankrupts through ment? (Purpose: To provide for the sale of increased filing fees and on creditors The question is on agreeing to the uncirculated coins) through increased percentage charges on amendment of the Senator from Utah. Mr. DIXON. Mr. President, I send the assets of the estate. The amendment (No. 2574) was an amendment to the desk and ask for The burden of the percentage fees as- its immediate consideration. sessed on the bankrupt estate fell on the agreed to. creditors since the fees were simply deduct- Mr. HATCH. Mr. President, I move The PRESIDING OFFICER. The ed from what would otherwise go to them in to reconsider the vote by which the amendment will be stated. repayment of the amounts owed. amendment was agreed to. The legislative clerk read as follows: 31988 CONGRESSIONAL RECORD-SENATE November 10, 1983 The Senator from Illinois (Mr. DIXON) thorization bill to the Senate floor for The PRESIDING OFFICER. Is proposes an amendment numbered 2575. action, since fiscal 1984 has already there objection to the request of the Mr. DIXON. Mr. President, I ask begun. Therefore, this resolution, Senator from Arkansas? unanimous consent that the reading of which includes appropriations for the Mr. HATFIELD. Mr. President, I am the amendment be dispensed with. Mint, is the only vehicle available. sorry. I was taken from the floor mo- The PRESIDING OFFICEP. With- There are some who may argue that mentarily. out objection, it is so ordered. we should not place this requirement I wish to ask unanimous consent, but The amendment is as follows: on the Mint, that private coin dealers we have a list here that we are alter- At the end of the joint resolution, add the are assembling mint sets themselves, nating between the two sides as we in- following: and that it is appropriate to leave this dicated a little bit earlier. SEC. 621. Section 5132(a)(1) of title 31, matter to the private sector. I believe United States Code, is amended by inserting Mr. BUMPERS. I am sorry. after the second sentence thereof the fol- that argument is wrongheaded in both Could the Senator give us that order lowing: "The Secretary shall annually sell its logic and its facts. Coinage is a re- so we would know when we are going to the public, directly and by mail, sets of sponsibility of the U.S. Government, to be called up? uncirculated and proof coins, and shall solic- not of the private sector, and the pro- Mr. HATFIELD. Yes. it such sales through the use of the custom- duction of both mint and proof sets, Mr. President, at this time I ask-- er list of the Bureau of the Mint.". therefore, should be at the U.S. mints. Mr. BYRD. Mr. President, who has Mr. DIXON. Mr. President, my Let me conclude, Mr. President, by the floor, amendment has a simple purpose: It reiterating the principal reason for requires the Bureau of the Mint to this amendment: It does not cost the The PRESIDING OFFICER. The resume the production of mint sets. Treasury money; it makes money for Senator from Arkansas has the floor. Until 1982, the Mint produced both the Treasury. I am not proposing Mr. BUMPERS. Mr. President, I am proof sets and mint sets. These sets adding one dollar in cost to this appro- happy to yield to the minority leader. are extremely popular with coin col- priations bill, but adoption of my Mr. President, has there been an lectors. In 1981, for example, the Mint amendment will result in at least $9 order agreed to by the Senator that sold a combined total of nearly 7 mil- million in net new revenues for the Senators will be recognized only on lion of these sets. Government. That may not sound like the basis of when they appear on the However, last year the Office of much in comparison to annual deficits list? Management and Budget ordered per- of over $200 billion, but if we are ever The PRESIDING OFFICER. There sonnel cuts at the Mint as part of a to reduce and finally eliminate these has been no such order. Government-wide reduction in person- terrible deficits, we must take every Mr. BYRD. Then I will object. nel. The result was that the Mint step we can. I urge the Senate to I ask that the Chair follow the Rules ceased producing mint sets. adopt the amendment. of the Senate in the recognition of Now, I am not urging the Senate to This amendment has been agreed to Senators. The Chair may be chal- require the Mint to resume production by the chairman of the appropriate ju- lenged but I am against pursuing call- of mint sets simply because they are risdictional subcommittee, Senator ing up of amendments by virtue of a the public. I believe this popular with ABDNOR, and by the chairman of the list that has been drawn. I prefer to go amendment is important and neces- committee. It is an agreed amendment. everyone alike. mint sets are profitable by the rules and treat sary because I move adoption of the amendment. to the U.S. Government and will help Mr. BUMPERS. Mr. President, I The PRESIDING OFFICER. Is make a small contribution toward re- have a request pending to temporarily ducing our budget deficits. there further debate? set aside the Hatfield-Metzenbaum In fact, it should be pointed out that The question is on agreeing to the amendment. OMB's personnel reductions at the amendment of the Senator from Illi- The PRESIDING OFFICER. Is Mint did not save the Government nois. there objection to the request of the money; they cost the Government The amendment (No. 2575) was Senator from Arkansas? money. Mint set production and sale is agreed to. Mr. HATFIELD. Mr. President, I profitable. Resuming mint set produc- Mr. DIXON. Mr. President, I move object. tion would result in an annual profit to reconsider the vote by which the The PRESIDING OFFICER. Objec- of at least $9 million to the United amendment was agreed to. tion is heard. States over and above any additional Mr. LEVIN. Mr. President, I move to Mr. BUMPERS. Mr. President, I costs. In fact, if the seigniorage on the lay that motion on the table. suggest the absence of a quorum. coins is included-that is, the differ- The motion to lay on the table was The PRESIDING OFFICER. The ence between the face value of the agreed to. clerk will call the roll. Mr. BUMPERS addressed the Chair. coins and the cost to manufacture The legislative clerk proceeded to them-the combined annual profit The PRESIDING OFFICER. The call the roll. Senate will be in order. would be in excess of $20 million. Mr. DANFORTH. Mr. President, I The Chair will advise the Senate Ordinarily, I would not be offering ask unanimous consent that the order an amendment of this kind to an ap- that it will be the procedure of the for the quorum call be rescinded. propriations measure. A provision re- Chair for the remainder of this time Mr. BUMPERS. Objection. quiring the Bureau of the Mint to to recognize the Senator from Oregon resume production of mint sets was in- who has a list of amendments that he The PRESIDING OFFICER. Objec- cluded in the House-passed Mint au- asked that they do that in order that tion is heard. thorization bill by my distinguished Il- they may do it in any orderly proce- The legislative clerk resumed the linois colleague, Representative FRANK dure for presenting them. call of the roll. ANNUNZIO. My preference would be to Is there objection to that? Mr. RANDOLPH. Mr. President, I attempt to include the matter in the Mr. BYRD. Mr. President, I object suggest that further proceedings Senate version of the bill, which was to that. under the quorum call be dispensed reported by the Senate Banking Com- The PRESIDING OFFICER. The with at this time, and I ask that I may mittee, on which I serve, in May of Chair recognizes the Senator from Ar- proceed as in morning business. this year. kansas. The PRESIDING OFFICER. Is However, I have been informed by Mr. BUMPERS. Mr. President, I ask there objection to lifting the quorum Senator GARN, chairman of the Senate unanimous consent that the Hatfield- call? Without objection, it is so or- Banking Committee, that there are no Metzenbaum amendment be temporar- dered. longer any plans to bring the Mint au- ily laid aside. The Senator from West Virginia. November 10, 1983 CONGRESSIONAL RECORD-SENATE 31989 VETERANS DAY, NOVEMBER 11, little bit ahead of time when they other than actual production, in making a IS A TIME FOR TRIBUTE TO would have their turn at bat, so to single enterprise production loss determina- THE VETERANS OF OUR speak. tion for the 1983 crop year under section ARMED FORCES We got into the situation where the 1970 of Title 7, U.S.C. Mr. BUMPERS. Mr. RANDOLPH. Mr. President, to- Senator from Ohio has an amendment Mr. President, this was discussed in the morrow throughout the United States pending which they are working on, committee meet- ing the other will be programs on trying to resolve. He asked that we not day and it was agreed of America, there that Veterans Day to express special trib- set aside his amendment other than it would be presented on the floor ute for the service and sacrifice of one at a time, rather than make it a rather than in the committee. those individuals who have served in blanket request for further amend- In order for a farmer in this country the Armed Forces of our Republic. ments. I was trying to accommodate to qualify for disaster relief, he has to prove We know that there are approxi- him. that he lost 30 percent of his mately 30 million veterans living in Someone on the minority side sug- crop. the United States who have fought in gested that the Chair was recognizing Secretary Block has now said that in our wars and on duty in peacetime. mostly those on the majority side. The order for a farmer to qualify for disas- These men and women have served minority manager and I tried to put ter relief, he has to not only show 30- in the Army, the Navy, the Air Force, together an alternating system. We percent loss on the crop that he grew, the Marines, and the Coast Guard. did not have unanimous consent for but he also has to include the PIK Many of them have served well at that. Consequently, we are back now lands that he set aside. The best way home and gallantly overseas. They are to the basic rules of the Senate as re- to explain it is to give a hypothetical the survivors, I emphasize, of the quested by the minority leader. I am case. Spanish-American War era and only saying that we are ready to con- Let us assume that a farmer had 200 through the conflicts in which we are sider any amendment at any time. acres of land that he normally planted engaged at the present hour. There will have to be a unanimous- corn on. Assume that he set half of his Veterans Day, as we know, is ob- consent agreement to set aside Mr. corn land aside and put it in the PIK served on November 11, tomorrow, and METZENBAUM'S amendment one at a program. Then the drought came there is a reason. It is not another time. along this past summer and he lost 50 Monday holiday. Veterans are observ- Mr. BUMPERS. I asked a moment percent of the 100 acres that he plant- ing this day, and the people of Amer- ago that his amendment be set aside ed. ica are observing it, because it is the so we could proceed. I did that because Under the Block formula, he would day that the armistice was signed you were off the floor. Are we now not qualify because he puts the extra ending World War I. going to stay on the Hatfield-Metz- 100 acres of PIK land in, and a 50-per- We are a grateful Nation, and I enbaum amendment? cent loss on 100 acres only represents repeat that the courage and sacrifice Mr. HATFIELD. The Senator from a 25-percent loss on 200 acres. It is of these approximately 30 million vet- Ohio is not ready to take up his unfair, it is inequitable, it is something erans are worthy of our attention, amendment, so we would have to set that the Senate and the Congress before we leave here tonight or early aside his amendment. never intended. It is unfair. in the morning. I am appreciative of Mr. BUMPERS. Can the Senator This amendment simply says that my colleagues who have allowed me to from Oregon make that request? none of the funds herein may be ex- speak. Mr. HATFIELD. I am happy to pended to carry out that kind of a for- There are approximately 235,000 of make that request. mula in determining whether or not a these veterans who are West Virgin- I ask unanimous consent, Mr. Presi- farmer suffered a drought disaster and ians. dent, that we set aside the Metz- is entitled to disaster relief. We say thanks to these men and enbaum amendment for the purpose Mr. President, I do not want to take women. We say thanks to their wives, of someone offering an amendment. undue advantage of the floor manager. to their children, to their families, The PRESIDING OFFICER. With- I assume this is agreeable to every- who lost a father or a parent in the out objection, it is so ordered. body, and I move adoption of the conflicts in which America has not AMENDMENT NO. 2577 amendment. been the agressor but fought to pre- Mr. BUMPERS. Mr. President, I The PRESIDING OFFICER. Is serve, hopefully, the peace of the send an amedment to the desk and ask there further debate? world and the understanding of hu- for its immediate consideration. Mr. STENNIS. Mr. President, is mankind. The PRESIDING OFFICER. The there any estimate on what the cost of amendment will be stated. it would be? The legislative clerk read as follows: Mr. BUMPERS. I can only tell you FURTHER CONTINUING The Senator from Arkansas (Mr. BUMP- this, Mr. President, that about 95 per- APPROPRIATIONS, 1984 ERS), for himself, Mr. COCHRAN, Mr. PRYOR, cent of the farmers in this country Mr. BUMPERS addressed the Chair. Mr. DECONCINI, Mr. MELCHER, Mr. HEFLIN, participated in the PIK program. Of The PRESIDING OFFICER. The Mr. BENTSEN, Mr. SASSER, and Mr. EXON pro- the 413 million acres of land that we Senator from Arkansas. poses an amendment numbered 2577. normally have under cultivation, 86 Mr. BUMPERS. Let me say to the Mr. BUMPERS. Mr. President, I ask million acres were set aside and not floor manager that if we are going to unanimous consent that further read- planted with anything. have a system to recognize Senators, I ing of the amendment be dispensed Nobody said to those farmers: think Senators should know where with. If you set this land aside and you have a they are on the list. I do not want to The PRESIDING OFFICER. With- flood, a drought, or anything else, and lose be obstreperous, but I do think there out objection, it is so ordered. part of your crop, you are going to be ineli- ought to be a list with the time re- The amendment is as follows: gible for disaster relief because you are set- quests so that everyone would know At the appropriate place in the bill, add ting the land aside. when their amendment should be of- the following new section: Under the illustration I gave a fered. SEC. . No funds appropriated under this moment ago, a farmer would have to Mr. HATFIELD. There is no system. Act shall be available to the Secretary of lose 60 percent of his crop in order to Agriculture to implement or enforce that be eligible for disaster relief. I am Every Senator will be on his own in portion of any regulation, ruling, policy, or terms of being here ready to offer his administrative determination which allows saying that that was never intended. amendment, to seek recognition. the inclusion of projected production deter- In other words, there would not have I had another request to try to set minations from payment-in-kind or land di- been any point in a farmer setting his up a way where Senators could know a version program participation, or any source land aside, if he had known he was 31990 CONGRESSIONAL RECORD-SENATE November 10, 1983 going to be penalized like that. It is a Mr. EAGLETON. Mr. President, I This provision will simply provide penalty. It makes no sense whatever. would like to voice my support for the that USDA must determine disaster I cannot tell you the cost, but I pending amendment. eligibility for individual farmers in the know this, that the Congress appropri- Many farmers in my State are in a same manner that they use for deter- ates money for disaster relief, and we desperate financial situation. They mining disaster eligibility for counties. intend for farmers, when they have a survived a drought in 1980, 2 years of This would seem to be a very reasona- disaster in the respective States, to get miserable prices in 1981 and 1982 and ble and fair thing to do, but USDA has relief. then were hit with another drought not chosen to do it this way. What the Secretary has done here is this year. It has been estimated that USDA has announced the PIK acre- to try to crowd out as many farmers as losses due to this year's drought alone age would not be considered in deter- he can in this country and make them may reach $1.4 billion in Missouri. mining whether a county was eligible ineligible. The response from the Reagan ad- for disaster assistance. Disaster assist- In every State across this country ministration to this situation has been ance eligibility standards require a 30- farmers suffered unbelievable damage tepid at best. They have reluctantly percent loss, and USDA has deter- this year because of drought. declared counties eligible for emergen- mined county eligibility by excluding To come along and change the rules cy loans from the Farmers Home Ad- PIK acreage, since this acreage was in the middle of the game to try to ministration using a process that is not farmed. However, USDA has since save that money and try to deprive contrary to the intent of current law announced that individual eligibility farmers of the relief Congress intend- and which may arbitrarily deny farm- would be determined by including the ed them to have is palpably unfair. ers access to this program. They have PIK acreage, and the payments for Mr. HELMS. Mr. President, I refused to release surplus commodities not farming that acreage, as if the wonder if I may ask the distinguished for use by livestock producers to main- farmer had farmed that land. sponsor of the amendment a couple of tain their breeding stock even though This double standard questions. has the practi- these commodities are costing taxpay- Has the Senator computed the cost cal effect of allowing USDA to make a of this amendment? ers millions of dollars to continue to disaster declaration, with attendant Mr. BUMPERS. I have not, Mr. store. And they have redefined the publicity, and then refuse disaster aid President. The Senator from Mississip- PIK program so that it should now be to the farmers from that county who pi (Mr. COCHRAN), had this in the con- viewed as the most generous drought apply. It is entirely possible that a ference. This is a Bumpers-Cochran relief effort ever carried out rather county could be declared eligible for amendment, and we have several co- than the least expensive acreage diver- disaster assistance, but that not a sponsors. Senator COCHRAN held hear- sion program as it was once portrayed. single farmer in that county would be ings all across Tennessee and Missis- The pending amendment is intended able to qualify for a disaster loan. sippi on this matter, and I believe he to correct an inequity in the manner Fairness and equity should be a does have an estimate of the cost. I do in which the administration is carry- basic part of our Government. But not have, I am sorry. I do believe the ing out the emergency loan program this administration believes in a gov- Senator from Mississippi is here. of the Farmers Home Administration. ernment of magic tricks and mirrors. Mr. HELMS. The information I have What we intend is that eligibility for These now-you-see-it-now-you-don't is that the computed cost of this emergency loans and, consequently, shenanigans with Federal disaster pro- amendment would be $133 million in loan amounts be determined based grams make a mockery of the very direct cost due to the subsidy, the 5- upon actual planted acreage. Farmers purpose of these programs. percent loan. Another $11 million should not be penalized because they These programs are supposed to would be spent in administration costs have taken part in the PIK program. help farmers who are in trouble due to and an additional $650 million in loans The Farmers Home Administration, natural disasters, not generate favor- would be involved. in determining a farmer's eligibility, is able press releases for the administra- I wonder if we could wait until Sena- assuming the farmer produced a tion and its political party. Yet the tor COCHRAN can be here. Maybe he normal crop on all the acreage he set Senator from Kentucky (Mr. HUDDLE- has figures to verify or contradict the aside from production in 1983. This is STON) has recently pointed out that information available to me. just plain unfair. If a farmer set aside even the initial disaster declarations Mr. BUMPERS. I did not under- 50 percent of his acreage under the are made on the basis of partisan poli- stand the Senator. 1983 farm program, he received no tics. Mr. HELMS. I was wondering if the PIK or diversion payment for 20 per- He pointed out that the State of Illi- Senator from Arkansas would be will- cent of his acreage and received a PIK nois, which has a Republican Gover- ing to wait until we could request Sen- payment on the remaining 30 percent nor and is the home State of Agricul- ator COCHRAN to come to the floor so of his land equal to only 80 percent of ture Secretary Block, got disaster des- we could discuss the cost. I think that his normal production on that acre- ignations approved in 3 days with only ought to be part of the RECORD. age. However, in making its eligibility a telephone call. USDA procedures re- Mr. BUMPERS. I shall be happy to determinations, Farmers Home is as- quire written requests with supporting do that, Mr. President. suming the farmer produced a normal documentation to substantiate the Let me make one other point. Not crop on all of his set-aside acreage. amount of the loss. This only has the Secretary chosen to in- policy is not only unfair; it is By contrast, my home State of absurd. clude PIK lands in drought relief to Texas has a Democratic Governor. The amendment farmers, he has chosen to include any before us will cor- Governor White and I have both been paid diversion lands. This is a differ- rect the inequity of the current policy. critical of USDA's refusal to use their ent situation from what it has been. I urge my colleagues to support this existing authority to provide needed amendment. Last year, we had paid diversion lands livestock feed assistance during this included, but not PIK lands. Last year, FAIRNESS NEEDED IN DISASTER RELIEF drought. Not only did Texas have to the farmers who were entitled to * Mr. BENTSEN. Mr. President, I am submit written requests instead of drought or any kind of disaster relief pleased to join the Senator from Ar- telephone requests, but it took 54 were never made accountable for any kansas (Mr. BUMPERS) as a cosponsor days, not 3 days, to get the first of paid diversion land. This is the first of this amendment to require the U.S. these designations approved for Texas. time it has been done and my position Department of Agriculture to provide These partisan political games with is it is being done in opposition to the disaster assistance to farmers in a fair our disaster relief programs must stop. full intent of Congress to give disaster and equitable manner. I urge the If the USDA will not use their vast relief to farmers. Senate to adopt this amendment. discretionary powers to administer November 10, 1983 CONGRESSIONAL RECORD-SENATE 31991 these programs fairly, then the Con- The underlying story is alarming: gress and past administrations for def- gress must exercise its oversight au- Skyrocketing budget deficits, an over- icit spending. thority to force them to correct in- valued dollar, high interest rates. Something needs to be done: Con- equities such as the one addressed by Everyone is talking about high Fed- gress needs the leeway to be able to this amendment. eral budget deficits but nothing-abso- reduce deficits without being am- I believe that one fair standard lutely nothing-is being done by the bushed by the President of the United should be used for all in making Farm- President or Congress to take the States. tough action that is necessary to ers Home Administration disaster This amendment does that: reduce budget deficits. We are facing a It re- loans and I urge the adoption of this quires the President budgetary impasse. With the upcom- to go on record amendment to require USDA to meet and make the difficult recommenda- that simple standard of fairness. ing election year, Congress is unable to tions on how to balance the Federal Mr. HELMS. Mr. President, I ask display the courage to take tough budget. unanimous consent that this amend- budget reduction action. This situa- This ment be laid aside temporarily so we tion is made worse by a President who amendment requires the Presi- may consult with Mr. COCHRAN. not only fails to provide the necessary dent to provide the leadership that is The PRESIDENT OFFICER. Is leadership to reduce deficits, but who necessary for real action on the there objection? Hearing none, it is so makes things worse by riding the high budget-not just empty talk but real ordered. horse of rhetoric against congressional action to reduce the Federal budget budget-writing efforts. deficits. AMENDMENT NO. 2578 Mr. President, the administration of The amendment does not give the (Purpose: To require the President to Ronald Reagan is responsible for the President increased powers. It does submit a balanced budget for each fiscal largest budget deficits in history. not necessarily mean that the budget year to the Congress) The facts show that responsibility will be balanced. But by putting the Mr. FORD addressed the Chair. for the fiscal nightmare currently con- President on the record on how he The PRESIDING OFFICER. The fronting this Nation rests squarely on would arrive at a balanced budget, it Senator from Kentucky. the shoulders of the Reagan adminis- will give Congress leadership and the Mr. FORD. Mr. President, I have an tration. Those facts show that current guidance to work toward deficit reduc- amendment at the desk and I ask for and projected deficits are primarily tion. It will its immediate consideration. the result of the administration's prevent, Mr. President, ex- The PRESIDING OFFICER. Is grossly unbalanced budget policies. actly what is going on right now-the there objection to setting aside the In July 1981, prior to enactment of undercutting by the President of the amendment of the Senator from Ohio? the Reagan economic and budget pro- very difficult, politically courageous Without objection, it is so ordered. grams, the Congressional Budget efforts of the Senate to put together a The clerk will state the amendment Office-CBO-forecast that, based on budget reduction package. of the Senator from Kentucky. the economic trends and budget poli- I offered this same amendment The assistant legislative clerk read cies in place at that time, the Federal during Senate consideration last year as follows: Government would accumulate a on a constitutional amendment to bal- The Senator from Kentucky (Mr. FORD) budget surplus of $212 billion during ance the budget. My amendment was proposes an amendment numbered 2578. the 4 years from fiscal year 1982 narrowly defeated at that time be- At the appropriate place in the bill, insert through fiscal year 1985. In February cause it got caught up in the strategy the following: of this year, CBO forecast that, rather over how best to pass a constitutional "SECTION -. Prior to each fiscal year, the than building up a surplus, the Feder- amendment to balance the budget. In President shall transmit to the Congress a al Government would instead accumu- my opinion, this amendment should budget for the United States Government late a record-breaking deficit of $706 have widespread support for that fiscal year in which total outlays now. It are no greater than total receipts, except billion between fiscal year 1982 and should have the support of every Sen- the President may transmit to the Congress fiscal year 1985. In other words, princi- ator who is truly concerned about defi- a budget for a fiscal year in which total out- pally as a result of the economic and cit spending. True, it does not actually lays are greater than total receipts if the budget policies implemented during reduce the deficit, but by putting the President includes with such budget a de- the first 2 years of the Reagan admin- President on record in support of spe- tailed statement specifying the reasons why istration, a staggering $918 billion of cific changes to achieve a balanced total outlays for such fiscal year should red ink was added to the projected budget, it will exceed total receipts for such fiscal year." make it much easier for budget for fiscal years 1982-85, erasing Congress to make progress on deficit Mr. FORD. Mr. President, the the surplus originally forecast in 1981 reduction efforts. amendment I am offering will make it and replacing it with a record-breaking I should add also, Mr. President, easier for Congress to consider deficit deficit. Yet, President Reagan contin- that this does not straitjacket the reduction legislation while giving ues to assault Congress with charges President. If he cannot come up with a President Reagan a chance to match of fiscal irresponsibility and economic program to balance the budget, he his repeated public statements with treason. may submit a deficit budget if he in- concrete action to reduce Federal We have witnessed in the last 2 cludes a detailed budget deficits. weeks a commendable effort by mem- statement specifying This amendment requires the Presi- bers of the Senate Finance Committee the reasons why he believes the dent to submit a balanced Federal to work on a significant deficit reduc- budget should not be balanced. budget to Congress in his annual Feb- tion package. This effort has included Mr. President, I urge my colleagues ruary budget submission. liberals and conservatives, Democrats to support this amendment, and I ask Mr. President, this Nation is in a and Republicans, in a politically coura- for the yeas and nays. perilous economic condition. Outward- geous effort to reduce Federal budget The PRESIDING OFFICER. Is ly, the economic statistics have been deficits. But those efforts have been there a sufficient second? There is a improving: Inflation has moderated, shot down by the rhetorical flourishes sufficient second. the economy is growing, and unem- of President Reagan. The yeas and nays were ordered. ployment figures have been falling. The President is scoring political Mr. DECONCINI. Will the Senator But these economic figures are encour- points by ambushing Congress on de- yield? aging only because this Nation is in fense spending, on cost of living ad- Mr. FORD. Mr. President, I ask the early stages of a large, budget-defi- justments, on tax increases. He is unanimous consent to yield to the dis- cit-induced recovery from a deep reces- standing in the way of deficit reduc- tinguished Senator from Arizona with- sion. tions while continuing to blame Con- out losing my right to the floor. 31992 CONGRESSIONAL RECORD-SENATE November 10, 1983 The PRESIDING OFFICER. Is Mr. FORD. Mr. President, I thank Mr. DECONCINI addressed the there objection? The Chair hears the distinguished Senator from Arizo- Chair. none, and it is so ordered. na for his kind remarks. The PRESIDING OFFICER. The Mr. DECONCINI. Mr. President, I Mr. President, there is just one addi- Chair recognizes the Senator from Ari- commend the Senator from Kentucky tional point I wanted to emphasize, zona. for offering an amendment that was and then I will yield the floor. Mr. DECONCINI. I want to respond offered during the time that we had I think the chairman of the Finance to the Senator from Utah. the balanced budget constitutional Committee, along with, as I said, radi- It is also Congress that cuts the amendment on the floor of the Senate cals and conservatives, Democrats and taxes, and this Senator voted with the which was not approved, although it Republicans, is making an honest Economic Recovery Act that the Presi- was an excellent amendment. It was effort to come up with a budget deficit dent proposed because I thought he only not approved because of a lot of reduction package. Then we hear that was entitled to an opportunity. Only commitments on the existing amend- any increase in taxes is going to be 10, I believe, or maybe 11 Senators did ment reported out of the Judiciary vetoed, any change in anything is not join in that. After you see the dis- Committee. This amendment does going to be vetoed. And so, if we are aster and the radical economic effects nothing but require the President of going to be placed in that position of this effort to balance the budget, the United States to stop talking bal- when we make an honest effort, we you can see that you want to change anced budget and submitting the big- cannot get it done. If that is the way it it. The Senator from Utah wants to gest deficits that this country has ever is going to be, let the shoe fit on the lay the blame on Congress, and I will seen. It requires that the President other foot and let that budget, when it take plenty of that blame along with submit a balanced budget or a detailed is presented to us, be balanced. If it the Senator from Utah, but the Presi- explanation of why it is unbalanced, cannot be balanced, let the President dent of the United States has not instead of blaming the Congress and tell us why not. Let Mr. Stockman brought up to us even a recommenda- past administrations. We have seen an write his statement and then we will tion of a balanced budget for the 3 administration for 3 years now submit know. years that he has been in office. the biggest deficits ever. We do not I have talked to my friends on the Mr. DOLE addressed the Chair. talk about deficits anymore from the other side. There are more of them up The PRESIDING OFFICER. The White House. Those days seem to for reelection next year than on this Senator from Kansas is recognized. have passed us by. side, and they face people the same as Mr. DOLE. I will just take a minute It used to be, you will remember, Mr. I do and they talk about those deficits. because I know there are a lot of other President, the President-elect, former When we look at $900 billion short, important things-and this is impor- Governor Reagan, talked about a bal- then I think it is time that we begin to tant-to indicate to my colleagues that anced budget. When Jimmy Carter look at what can be done. There ought we have not given up in the Senate Fi- came into office, he had a deficit of to be teamwork at both ends of Penn- nance Committee on trying to figure $28 billion, and he left with $60 billion sylvania Avenue. The President should out some approach, but there are a the last year he was President. I took not send a budget up here that has a few roadblocks around, some down on the floor and objected, and I daresay $200 billion deficit and then point the 1600 Pennsylvania Avenue, some my colleagues on both sides of the figure at Congress because they across in the House of Representa- aisle stood up and said, "We cannot cannot balance the budget. tives. Unless we have the two giants in continue with these kinds of deficits I yield the floor, Mr. President. this town, Ronald Reagan and TIP today." This was 3 V2 years ago. Mr. GARN addressed the Chair. O'NEILL, on board we can stand up all Today we are faced with a deficit for The PRESIDING OFFICER. The night and offer resolutions and make 1983 of $196 billion. Where is the Senator from Utah is recognized. speeches but nothing is going to President taking his share of the Mr. GARN. Mr. President, I realize happen. blame for submitting the absolutely the hour is late, and I will be very I say to my colleagues on both sides, most radical economic program that brief. My colleagues are entitled to in my view it has to be a balanced has ever been approved and imple- their own opinions, but there is one package. I do not think anybody wants mented and then going ahead and central fact, and that is the President to vote to balance the budget all with trying to finger the deficits toward recommends the budget. He can plead taxes. There are plenty of areas where someone else? for it, he can yell, scream, shout, we can reduce spending, and it ought Mr. President, I hope that via this threaten, and veto it. But no President to be a 50-50 proposition at least. Even amendment we will have an opportuni- of the United States, from George though we have had a few reversals ty to express a view that the President Washington to Ronald Reagan, has the past few days, or at least a few in- should prove to the American public ever spent one dime that was not ap- dications of less than enthusiastic sup- that he wants a balanced budget. He propriated by the Congress of the port from the Speaker, from the Presi- has had an opportunity for 3 years United States because the Constitu- dent, and from others, we still have an now to submit a balanced budget. As tion says so. obligation to try to put it together, we know, the budget that we approved So whatever Ronald Reagan or and I hope that by next week we will in this body called for a $184 billion Jimmy Carter or anybody else sends do something. deficit. That was the President's up here, we have the power to change Mr. FORD. Mr. President, I compli- budget. The Budget Committee re- it if we really do not like deficits. mented the distinguished chairman of ported a deficit of $23 billion less. I Nobody in this country except the the Finance Committee in his effort to think it is long overdue, Mr. President, Congress, given the right of appropria- put together a package that would and I compliment the Senator from tion by the Constitution, has any right reduce the deficit. But I think his Kentucky on bringing forth an amend- to change it. So let us quit passing the work and that of our colleagues is for ment that lays out where it is. If we buck, whether it is this President or naught, when the President says that are talking about deficits, let us have any other, and remember that fact he is going to veto any package that some leadership from the President of from the Constitution. Stop the rheto- comes to his desk, any legislation that the United States instead of campaign ric, and let us vote in the House and comes to his desk that has any in- rhetoric. the Senate. That is where the people crease in taxes. I thank the Senator. ought to look. That is who has appro- The distinguished Senator from Mr. GARN addressed the Chair. priated the money and no one else. Kansas knows that he has to put to- The PRESIDING OFFICER. The The PRESIDING OFFICER. Is gether a package that contains some Senator from Kentucky has the floor. there any further discussion? sort of increase in taxes or to reduce November 10, 1983 CONGRESSIONAL RECORD-SENA TE 31993 or to close loopholes. That is what the big hitters. I hope my colleagues will reductions in entitlement programs and chairman has to do. help in this. other governmental programs sufficient to If we get a package up here that the I am willing to ask to vitiate the achieve the ends sought by this amendment. President of the United States-and order for the yeas and nays on the If that is not a fair proposition, I there are 55 of his party on that side amendment in the second degree, if cannot imagine one; and at the proper of the aisle, and most of the time they that will be acceptable and helpful, time, I will get the floor and I will go along with him in lockstep. It ap- and we could go ahead and have a vote offer this amendment. pears to me that if the President sends on the original amendment as amend- If we are going to play games about a budget up here that is balanced or ed. who did what to whom over the past gives a reason why, it makes it a lot I yield the floor, Mr. President. 35 years, we could embark on a great easier for you to do your job. Knowing The PRESIDING OFFICER. Is deal of discussion. But I think the that you are going to have a veto, you there further debate? facts are very clear about who the big do not have the enthusiasm to try to SEVERAL SENATORS. Vote! Vote! spenders are and have been in the put together something that will work. Mr. HELMS. Mr. President, I sug- Senate. So, Mr. President, I hope we can go gest that the Senator ask to vitiate the Here it is, 10:29 at night, and we ahead and take this to a vote and that order for the yeas and nays and let the have an amendment with which I do my colleagues will support this amend- Senate vote on it by voice vote. not disagree. But I think we should ment. If not, at least it will give them Mr. RANDOLPH. Mr. President, I have a little more to it and put Sena- an opportunity. cannot hear. tors on record tonight as to what they SEVERAL SENATORS. Vote! Vote! The PRESIDING OFFICER. The are willing to do-not just complain Mr. FORD. Mr. President, I have Chair asks the Senator from North about what the President has done or the floor, and I have not given it up. Carolina to use his microphone. has not done, or what Congress has The PRESIDING OFFICER. The The Senator from North Carolina is done or is doing, but put ourselves on Senator from Kentucky has the floor. recognized. record as to what we are willing to do. Mr. HELMS. I suggest that the Sen- That would be the most refreshing de- AMENDMENT NO. 2579 ator ask to vitiate the order for the velopment in the Congress (Purpose: To require the President to of the yeas and nays and let the matter be United States in a long time. submit a balanced budget for each fiscal considered on a voice vote. I believe he The Senate of the United States year to the Congress) offered to do that. Mr. FORD. Mr. President, I send an Mr. FORD. On the second-degree should go on record and show that we amendment to the desk. amendment. have the guts to do the cutting in Fed- The PRESIDING OFFICER. The Mr. HELMS. Yes. eral spending that is necessary to amendment will be stated. Mr. FORD. May I check with the achieve the purpose which the Sena- The assistant legislative clerk read Parliamentarian? tor from Kentucky says he wishes to as follows: Mr. HELMS. The Senator may want achieve by his amendment. The Senator from Kentucky (Mr. FORD) to check with the Parliamentarian. So, at the proper time, I will offer proposes an amendment numbered 2579. Mr. FORD. The Senator from North the amendment, and I want to give the Mr. FORD. Mr. President, I ask Carolina has been here a little longer Senator fair warning as to what I am going to do. unanimous consent that reading of the than I have. amendment be dispensed with. Mr. HATFIELD. Mr. President, I The PRESIDING OFFICER. Is Mr. HELMS. I object. suggest the absence of a quorum. there further debate? The PRESIDING OFFICER. Objec- The PRESIDING OFFICER. The Mr. FORD. Mr. President, I yield to tion is heard. clerk will call the roll. the Senator from Missouri. The amendment will be stated. The bill clerk proceeded to call the Mr. DANFORTH. Mr. President, I The assistant legislative clerk read roll. was listening on the squawkbox to the as follows: Mr. HELMS. Mr. President, I ask debate and then came to the floor and heard the comments of the Senator Strike all after the word "Section -. " and unanimous consent that the order for add the following: the quorum call be rescinded. from North Carolina. Prior to the next three fiscal years, the The PRESIDING OFFICER. Is I know, Mr. President, when we are President shall transmit to the Congress a there objection? The Chair hears facing a serious national problem as I budget for the United States Government none, and it is so ordered. think most of us recognize we are with for that fiscal year in which total outlays The Senator from North Carolina. these large deficits, there is a strong are no greater than total receipts, except Mr. HELMS. Mr. President, I want tendency to want to find someone else the President may transmit to the Congress to blame, and it is easy to blame the a budget for a fiscal year in which total out- to be fair to the Senator from Ken- lays are greater than total receipts if the tucky, because while he was still Gov- President, it is easy to blame Members President includes with such budget a de- ernor of Kentucky, I was on the of Congress, but I would suggest that tailed statement specifying the reasons why second floor pleading for a balanced there are 536 people in America who total outlays for such fiscal year should budget, and I think my record will are responsible for the situation-the exceed total receipts for such fiscal year." show that I have a voting record to President and every Member of Con- Mr. FORD. Mr. President, I ask for support my position in that regard. gress. the yeas and nays. I know that the Senator from Ken- And I think if we are going to solve The PRESIDING OFFICER. Is tucky is a little concerned about the the problem, it is going to take a there a sufficient second? There is a second-degree amendment I will offer, degree of cooperation which other sufficient second. and I do not believe I ought to engage than in the Finance Committee I have The yeas and nays were ordered. in any concealment. I want him to seen very little of, and it is going to re- Mr. FORD. Mr. President, this know what my second-degree amend- quire bipartisanship. It is going to re- amendment merely changes the ment will be. It reads as follows: quire an increase in revenues. It is amendment in the first degree from At the end of the amendment- going to require some control of the forever to the next 3 years. I think That is to say, the amendment of- growth of the size of the entitlement that will give us an opportunity to see fered by the distinguished Senator programs. All of these are very, very if it works. from Kentucky. difficult questions. Then, at the end of the 3-year At the end of the amendment, add the fol- I think if we are going to face them period, if it works, if we get on that lowing: and do so in a responsible way, it track, I think we will have teamwork. All Senators voting for this amendment means that the note of partisanship At least, we will have two of the three affirm that they will support the necessary and the note of one-upmanship which

11-059 0-87-4 (Pt. 23) 31994 CONGRESSIONAL RECORD-SENATE November 10, 1983 can be very easily expressed in what [Rollcall Vote No. 353 Leg.] The PRESIDING OFFICER. Is amounts to kind of a sense-of-the- YEAS-42 there objection? Without objection, it Senate proposition, which this is on an Abdnor Gorton Percy is so ordered. appropriation bill, it is going to re- Andrews Grassley Pressler The Senator from Arkansas. quire something more than that. It is Armstrong Hatch Quayle Mr. BUMPERS. Mr. President, I Baker Hatfield Roth going to require a real degree of coop- Boschwitz Hawkins Rudman yield back the remainder of my time. eration. Chafee Hecht Specter The PRESIDING OFFICER. If So, Mr. President, I think that it is Cochran Heinz Stafford there be no further debate, the ques- Cohen Humphrey Stennis tion is on agreeing to the amendment. inappropriate at this time, 10:30 in the D'Amato Jepsen Stevens evening, for us to get involved in what Danforth Kassebaum Thurmond The amendment (No. 2577) was is in essence a finger-pointing contest Denton Kasten Trible agreed to. Dole Lugar Warner Mr. BUMPERS. Mr. President, I on the size of the deficit. East Mattingly Weicker I inquire of the Chair whether the Garn Packwood Wilson move to reconsider the vote by which underlaying amendment and the the amendment was agreed to. amendments to the amendment do not NAYS-40 Mr. HATFIELD. Mr. President, I constitute legislation on an appropria- Baucus Ford Mitchell move to lay that motion on the table. Bentsen Heflin Nickles The motion to lay on the table was tions bill. Biden Helms Nunn The PRESIDING OFFICER. Is the Bingaman Huddleston Pell agreed to. Senator making a point of order? Boren Johnston Proxmire Mr. HATFIELD. Mr. President, I Bradley Kennedy Randolph renew my request to temporarily lay Mr. DANFORTH. The Senator does Bumpers Lautenberg Riegle make the point of order that the un- Burdick Leahy Sarbanes aside the Metzenbaum amendment so derlying amendment, together with Byrd Levin Sasser that another amendment may be con- Chiles Long Symms sidered. Senator HELMS' proposed amendment, DeConcini Mathias Tsongas would be legislation on an appropria- Dixon Matsunaga Zorinsky The PRESIDING OFFICER. With- tions bill. Eagleton Melcher out objection, it is so ordered. The PRESIDING OFFICER. The Exon Metzenbaum Mr. HEINZ addressed the Chair. underlying amendment affects the NOT VOTING-18 The PRESIDING OFFICER. The Senator from Pennsylvania. duties of the President and, therefore, Cranston Goldwater Moynihan constitutes legislation. The point of Dodd Hart Murkowski AMENDMENT NO. 2580 order is sustained. Domenici Hoilings Pryor Durenberger Inouye Simpson (Purpose: To provide funding for the Joint Mr. FORD. Mr. President, I appeal Evans Laxalt Tower Study Panel on the Social Security Ad- the ruling of the Chair and I ask for Glenn McClure Wallop ministration) the yeas and nays. So the ruling of the Chair was sus- Mr. HEINZ. Mr. President, I send an The PRESIDING OFFICER. Is tained as the judgment of the Senate. amendment to the desk and ask for its there a sufficient second? There is a Mr. HEINZ addressed the Chair. immediate consideration. sufficient second. The PRESIDING OFFICER. The The PRESIDING OFFICER. The The question is, Does the decision of Senator from Pennsylvania. clerk will report. the Chair stand as the judgment of Mr. HATFIELD. Mr. President, may The assistant legislative clerk read the Senate. On this question, the yeas I make an inquiry? as follows: and nays have been ordered, and the The PRESIDING OFFICER. The The Senator from Pennsylvania (Mr. clerk will call the roll. amendment of the Senator from Ohio HEINZ), for himself and Mr. DOLE, proposes The assistant legislative clerk called is the pending business. an amendment numbered 2580. the roll. Mr. HATFIELD. Mr. President, may Mr. HEINZ. Mr. President, I ask Mr. STEVENS. I announce that the I make an inquiry of the Chair? What unanimous consent that further read- Senator from New Mexico (Mr. Do- is the status of the Bumpers amend- ing of the amendment be dispensed MENICI), the Senator from Minnesota ment? with. (Mr. DURENBERGER), the Senator from The PRESIDING OFFICER. Unani- The PRESIDING OFFICER. With- Washington (Mr. EVANS), the Senator mous consent was granted that that out objection, it is so ordered. from Arizona (Mr. GOLDWATER), the amendment be set aside in order that The amendment is as follows: Senator from Nevada (Mr. LAXALT), an amendment could be presented by At the end of the resolution add the fol- the Senator from Idaho (Mr. the Senator from Mississippi. lowing new section: McCLURE), the Senator from Alaska Mr. HATFIELD. I wonder if the SEC. . Notwithstanding any other provi- (Mr. MURKOWSKI), the Senator from sion of this joint resolution, there are Wyoming (Mr. SIMPSON), the Senator Senator from Pennsylvania would hereby appropriated $165,000 for the Joint withhold for a moment. from Texas (Mr. TOWER), and the Sen- Study Panel on the Social Security Adminis- Mr. President, I believe the Senator tration for purposes of carrying out the ator from Wyoming (Mr. WALLOP) are study required by section 338 of the Social necessarily absent. from Arkansas has worked out his amendment. I would like to see if we Security Amendments of 1983, to remain Mr. BYRD. I announce that the available until September 30, 1984. can dispose of that at this point and Senator from California (Mr. CRAN- Mr. HEINZ. Mr. President, I offer STON), the Senator from Connecticut not let amendments pile up, as we seem to be beginning to do. Is that cor- this amendment on behalf of myself (Mr. DODD), the Senator from Ohio and Senator DOLE. This amendment (Mr. GLENN), the Senator from Colora- rect? Mr. BUMPERS. The Senator is cor- will appropriate funds in the amount do (Mr. HART), the Senator from of $165,000 to institute the work of the South Carolina (Mr. HOLLINGS), the rect. The Senator from Mississippi Joint Study Panel on Social Security Senator from Hawaii (Mr. INOUYE), Administration, wanted to speak on this. which panel has been the Senator from New York (Mr. MoY- commissioned by the Congress to NIHAN), and the Senator from Arkan- AMENDMENT NO. 2577 study the necessity of and the nature sas (Mr. PRYOR) are necessarily absent. Mr. HATFIELD. Mr. President, I ask of an independent agency for social se- The PRESIDING OFFICER. Is unanimous consent that we temporari- curity. there any other Senator in the Cham- ly lay aside the Metzenbaum amend- I might point out to my colleague, ber who desires to vote? ment in order to clear the way for the Senator HATFIELD, that the original The result was announced-yeas 42, resolution of the Bumpers amendment House social security bill, H.R. 1900, nays 40, as follows: that would then be pending. contains appropriations out of the November 10, 1983 CONGRESSIONAL RECORD-SENATE 31995 trust fund, but at the request of the ance. It is a 10-percent increase over I am sure all of these countries chairman of the Appropriations Com- the current level of expenditures. would like more funds, but we are not mittee it has been changed and would I believe that is a reasonable amount cutting them off. We are giving them require an appropriation from the gen- of growth. If you figure 3 percent for 10 percent more than they had before. eral fund of the Treasury. inflation, that allows for 7 percent of That should be enough. Mr. HATFIELD. That is correct. I real growth in the military assistance As I listened to last week's debate on would say to the Senator, this is one of program. the debt ceiling bill, I could under- those very necessary amendments that Very simply, that is my case. I be- stand some Senators' concern about we will accept. lieve that the figure that we propose runaway spending. This addresses it. Mr. HEINZ. I thank my colleague. in this amendment, an amendment in We all have our favorite programs. The PRESIDING OFFICER. Is which I am joined by a number of Some of us appear even to have our fa- there further debate? If not, the ques- other Senators, will be adequate to vorite countries. Both those favorite tion is on agreeing to the amendment. carry out the objectives of the military programs and those favorite countries The amendment (No. 2580) was assistance program. are going to have to show a little re- agreed to. Mr. SARBANES. Will the Senator straint. Mr. HATFIELD. Mr. President, I yield? One of my move to reconsider the vote by which favorite programs hap- Mr. MATHIAS. Yes. pens to be, in this country-the United the amendment was agreed to. Mr. SARBANES. Is it not correct Mr. STENNIS. Mr. President, I move States-the dairy program. I think our that this amendment runs to grants, Vermont dairy farmers are hardwork- to lay that motion on the table. not to loans? In other words, this deals The motion to lay on the table was ing citizens who deserve our support. only with grant military assistance. But I also know we cannot live with a agreed to. Mr. MATHIAS. That is correct, Mr. Several Senators addressed the $200 billion deficit, so we have to cut. President. We did even there in the dairy pro- Chair. Mr. President, I The PRESIDING OFFICER. The Mr. SARBANES. gram. We cut that one by 51 percent. support the amendment. I think it from Maryland. We are talking here about foreign aid Senator There is Mr. MATHIAS. Mr. President, could permits a reasonable growth. increasing by 10 percent. the loan I inquire, is the Metzenbaum amend- larger growth than this on I would say that to my good friend ment the pending business? side of the military budget. The figure from West Virginia and my other The PRESIDING OFFICER. That is in the amendment is significantly friends that I could support a 10-per- correct. above the figure which the Foreign cent increase in this bill but not an 81- Mr. MATHIAS. Mr. President, would Relations Committee reported for this percent increase. the chairman be willing to lay it aside area. I think it represents a reasonable This is just one program in the total temporarily so that I may offer an approach to the situation. foreign aid budget. There are a lot of amendment? Mr. LEAHY. Mr. President, would other programs that have already Mr. HATFIELD. Mr. President, I ask the Senator yield? gone up. Foreign military sales loan unanimous consent that the Metz- Mr. MATHIAS. I am happy to yield. guarantees have already gone up 75 enbaum amendment be temporarily Mr. LEAHY. Mr. President, I am percent in the last 3 years. The distin- to this laid aside so that another amendment pleased to join as a cosponsor guished Senator from Maryland (Mr. HAT- can be considered. amendment, along with Senators SARBANES) alluded to that a few min- The PRESIDING OFFICER. With- FIELD, PELL, ANDREWS, SARBANES, utes ago. SASSER, and PROXMIRE. I think it is a out objection, it is so ordered. While we have held the development at- AMENDMENT NO. 2581 good amendment. It is a bipartisan assistance levels of spending level, the tempt to practice the budget restraint Mr. MATHIAS. Mr. President, I send total military aid budget authority has that we are all preaching. It gives us a an amendment to the desk and ask for gone up by 179 percent over the past 3 chance to actually use some budget re- its immediate consideration. years. straint here on the floor, not just in The PRESIDING OFFICER. The We have a sensible and reasonable the Rotary Club speeches back home. clerk will report. here. I think that budget This amendment would provide for a amendment The assistant legislative clerk read to all Federal 10-percent increase over the 1983 discipline should apply as follows: discipline ought to levels for the grant military assistant programs. Budget The Senator from Maryland (Mr. MA- apply to foreign aid, too. If we are program. In fact, even with our THIAS), for himself, Mr. LEAHY, Mr. PELL, going to apply it to our domestic pro- Mr. SARBANES, Mr. PROXMIRE, Mr. SASSER, amendment-they are asking for an Mr. ANDREWs, and Mr. HATFIELD, proposes 80-percent increase in the bill. We are grams, let us apply it to foreign aid as an amendment numbered 2581: cutting that back to a 10-percent in- well. So let us take a close look at it. I At the end of the joint resolution, add the crease. Even that 10-percent increase know it is late. following new section: I say to my good friend, the senior "Notwithstanding any other provision of is a larger increase than we just voted for our own, for the U.S. defense Senator from Maryland, I imposed this joint resolution, not more than further on his time than I intended to. $421,000,000 shall be made available by this budget. joint resolution to carry out the provisions Some may even wonder how a 10- I apologize for that. I think it is a good of section 503 of the Foreign Assistance percent increase could be a cost-cut- amendment and it should be support- Act." ting proposal. I think that is a good ed. Mr. MATHIAS. Mr. President, this question. It is a lot better than the Mr. MATHIAS. Mr. President, I amendment in its simplest form, re- level of the spending in the bill before. think the point of the Senator from duces the military assistance program Ten percent is a lot better than the 81 Vermont is a valid one. I remind my from the amount specified in the bill, percent we had before. colleagues that we have, since 1980, in- $697 million, to $421 million. We may hear how this country or creased the military assistance pro- The amount in the bill represents an that country needs a doubling or a gram by 100 percent. So we have, in 81-percent increase over the current tripling of their aid. I am not sure how the past 3 years, made very substantial year. It is more than the Foreign Rela- I could explain my voting for doubling increases in this program. We are, by tions Committee had recommended as or tripling of their aid to my farmers this amendment, permitting a further an authorized figure. back in counties in Vermont, for exam- 10-percent increase. The figure that I have recommended ple, and explain why we are cutting a Mr. JOHNSTON. Mr. President. in this amendment is an increase over number of domestic programs that in- The PRESIDING OFFICER. The the current amount for military assist- volve them. Senator from Louisiana. 31996 CONGRESSIONAL RECORD-SENATE November 10, 1983 Mr. JOHNSTON. Mr. President, Mr. JOHNSTON. Yes, for training to, I say to my good friend from Lou- Senator INOUYE, who is the ranking and that whole range of military uses. isiana, I wonder just how much extra minority member of this Foreign Op- Mr. LEAHY. Mr. President, will the flying we did trying to get our wound- erations Subcommittee, is not here to- Senator yield on that? ed out of there as a result of it. night. But the Kasten number, which Mr. JOHNSTON. Yes, I yield. We are not cutting. We are adding is $679 million, was worked out very Mr. LEAHY. Do we not have a sepa- 10 percent on this. We are adding carefully between Senator INOUYE and rate program for training, which is not more in this foreign giveaway than we Senator KASTEN. According to Senator touched at all by this amendment, I are giving in our own defense budget INOUYE and according to the views of ask the Senator from Louisiana? for our U.S. forces. our Foreign Operations Subcommit- Mr. JOHNSTON. There is a separate Mr. JOHNSTON. I say to the Sena- tee, this amount is absolutely essen- program for training; the Senator is tor that Senator INOUYE and Senator tial. Let me explain very briefly to my correct. KASTEN very carefully worked this out, colleagues why this is so. Mr. LEAHY. I advise the Senator and if you cut as deeply as this amend- We have a number of $679 million in from Louisiana that this amendment, ment would, I think it very, very seri- the Kasten-Inouye number. Of this, the Mathias-Leahy-et al. amendment, ously hurts our whole program. Turkey has been earmarked for $230 does not go to that training. Zaire, by the way, is the largest Mr. million. That is earmarked already in If I could just finish that point, country in Africa. It is on the border President, I advise the Senator from the bill that has gone through to- of Angola. It has tremendously impor- Louisiana that this is not a cut; it is a night. tant strategic materials. All of those 10-percent increase, the same num- That would leave, if the Leahy MAP funds are spent in the United bers, incidentally, that Representative States. number, which is $421 million, were KEMP had recommended in the House adopted and we subtract from it the Mr. LEAHY. At Disney World. of Representatives. Mr. JOHNSTON. Well, a small part Turkey number of $230 million al- Mr. JOHNSTON. The Senator on Disney World. ready earmarked, that would only with me, would he not, would agree Mr. LEAHY. Only $2.5 million at leave $189 million for the rest of the Mr. President, that it would surely be world. a cut-if you took the highest 429 Disney World, I will grant. I To be covered in the rest of the number, took off the 230 already ear- Mr. JOHNSTON. Mr. President, world are areas where we have a whole marked for Turkey, it would indeed be yield the floor. proliferation of base rights. For exam- a cut and a drastic one from the num- Mr. KASTEN addressed the Chair. ple, the Portuguese Azores is an abso- bers I just read off. In other words, The PRESIDING OFFICER. The lutely essential American commit- you could not have $60 million for Senator from Wisconsin is recognized. ment. We have $60 million. It would Portuguese Azores, $30 million for Mo- Mr. KASTEN. Mr. President, I know endanger that. rocco, $50 million for Tunisia, $60 mil- we are talking about Disney World Morocco, where we have access to lion for the Sudan, $40 million for and making jokes, but I want the base rights. That is a very key part of Honduras, and so on. Members of the Senate to understand, the world. Mr. LEAHY. I also say to my friend even at this late hour, that this is Tunisia, on the border with Libya, from Louisiana that we could also not probably the most dangerous amend- with Colonel Qadhafi, we have $50 have $20 billion for these countries if ment that we have seen put forth to- million. we wanted. You could take any pie-in- night. We are talking about programs The Sudan, which is also on the the-sky number you wanted and say, which have been established by our border with Qadhafi, where you have with these numbers, you could not Government over a period of more an impoverished country subject to have $50 billion for Tunisia, you could than one administration with the coups frequently, $60 million. not have $60 billion for Azores, you people who are our best friends in the Honduras, where we have all the could not have $40 billion for Hondu- world. We are talking about Turkey, American troops, we have $40 million. ras, $20 billion for El Salvador. we are talking about Greece, although That is not the whole list, Mr. Presi- Look at Zaire, for example. You ask they are not directly affected. With- dent, but if you just add up those I where these funds go. The Chief of out doubt, because of the 7 to 10 ratio have just mentioned-I did not add it State of Zaire recently spent $2.5 mil- that we have achieved between up, but I can tell you it is more than lion to go on a trip to Disney World. Is Turkey and Greece, the result of this $189 million. that where our money is going to go? amendment would make it necessary Senator INOUYE is not known as a Is that what our money is going to to reduce funds to Greece as well be- spendthrift in this area. I think we all do? Is that what we are spending cause we maintain that rough 7 to 10 have confidence in him. I hope we money on? ratio. We are talking about Portugal. have confidence in the Foreign Oper- Mr. JOHNSTON. That is a better We are talking about Morocco. We are ations Subcommittee. I think he and place to spend it than a lot of others I talking about Somalia. We are talking Senator KASTEN have done an excel- can think of. about Sudan. We are talking about our lent job. I urge my colleagues on Mr. LEAHY. I would like to have friends in the world. behalf of Senator INOUYE, on behalf of him spend his money. Where do we This is the guts of our overall for- myself, on behalf of our subcommit- send him next? Do we give him $5 mil- eign assistance program, which allows tee, to reject this amendment. lion because he might want to go to us to allow other countries to work Mr. STENNIS. Mr. President, will Disneyland on the west coast? with us. The first and major example the Senator yield to me? I have always supported money for is Turkey, which while earmarked in Mr. JOHNSTON. Yes, I yield. Turkey, but I wonder if we should go the bill, obviously that earmark would Mr. STENNIS. Would the Senator an enormous increase when they have to be waived. It would leave, as explain in some more detail, if he will, would not even allow our planes land- the Senator from Louisiana pointed just what this money goes for, what is ing rights during the crisis in Beirut out, $100 million left for all of the rest done with it? I do not believe that is when we had hundreds of Americans of the world if this amendment were known outside of the committee. dying. to pass. Mr. JOHNSTON. This is cash grants Mr. JOHNSTON. It was not Tur- As I said before, it would then di- for military equipment, for military key's fault. By the way, we have al- rectly affect upon Greece, because of goods. ready earmarked the money for the relationship between the Greeks Mr. STENNIS. Spent right there, Turkey. and Turks with the 7 to 10 ratio. where we inhabit and use it-they give Mr. LEAHY. But if these are our Mr. LEAHY. Will the Senator yield us certain rights. great friends we are giving this money for a question? November 10, 1983 CONGRESSIONAL RECORD-SENATE 31997 Mr. SARBANES. Will the Senator are our allies. They are where our Mr. LEAHY. Will the Senator yield yield for a question? Navy, our bases, our agreements are. for a question? Mr. KASTEN. Let me finish my re- I point out to the Senator from How much total aid have we given marks, and I will yield for a question Maryland and the Senator from Ver- Sudan in the past 5 years? on that point. mont the administration request is Mr. KASTEN. I cannot answer that MR. LEAHY. I wonder if the Sena- more, not less, than what we brought question. tor would yield on just Turkey alone. forward. Senator INOUYE and I pared Mr. LEAHY. Has it not been one of Mr. KASTEN. This amendment $50 million off the administration re- the largest amounts of aid given any would cause us not to be able to meet quest. There is a possibility because of country in the world? up to our commitments in Portugal. It an amendment of the Senator from Mr. KASTEN. I think it has been a is not the fault of the Congress that Nebraska that another $20 million significant amount, but it certainly those base agreements have been may be cut. We need this money to has not been one of the largest upped. In fact, they have been in- live up to the agreements that this ad- amounts given to any country in the creased. We have to keep with the in- ministration and the previous adminis- world. I do not think that is relative. I tegrity of the agreements that we tration have been working for. It think we have to look instead at what have made with Portugal. They are a would be a terrible mistake if we were is going on in Sudan right now. friend, to adopt this amendment which would Mr. LEAHY. Would the Senator say We have just recently signed those cut basically the teeth out of the pro- it is in the top five for foreign aid? base rights agreements, and I think ev- gram that we have, which is trying to Mr. KASTEN. What is the Senator's eryone knows that the Portuguese assist people help defend themselves question? Azores play a key role, an important in the free world. Mr. LEAHY. I am asking. I do not role in nearly every single military I would be pleased now to yield to know. contingency plan that we have. In the Senator from Maryland for a ques- Mr. KASTEN. I do not know the tion. other words, that particular change answer to the Senator's question, but I for Portugal would jeopardize North Mr. SARBANES. Mr. President, I do not think Africa and the Middle East. We cannot simply want to make the observation the answer to his ques- jeopardize that access. that what is at issue is whether we tion is significant in terms of the The program for Morocco, once should make grants, not loans. What is amendment. more a friend-we are trying to devel- happening is with these requests, Mr. LEAHY. I think it is significant op an effort there-would have to be there is a marked shift toward an in- for this reason: In fiscal year 1982, in reduced without doubt, a country that crease in grants and away from the this program, the budget was $178 mil- not only has been very helpful to the use of loans. What the Members have lion. It jumped considerably in 1983, United States in African matters, once to ask themselves is whether, in the between the continuing resolution and more the beginning of our base in range of priorities that we have been the supplemental, and in today's bill it Africa, but also in the Mediterranean experiencing, that makes sense. Most is $697 million. In 2 years it has gone and the Middle East. We recently of the commitments that are being from $178 million to $697 million. signed a new access and transit agree- talked about can be met on a military Nobody is asking that these people ment with Morocco and that country loan basis rather than a grant basis. be cut out. But when we are holding requesting the MAP program is part What this amendment is seeking to do everywhere else to a 10-percent in- of this agreement and would be violat- is to get the grant part of the military crease, it seems to me more than fair. ed if this amendment were to succeed. aid program back into a reasonable Yemen-how is their money going to Somalia is one of the poorest coun- perspective. It will not alter the ratios be spent? tries in the world located in a strategic that were talked about because those Mr. KASTEN. Let me respond to the location, the entrance to the Red Sea can be met through the use of loans or Senator's question briefly, because I adjacent to the Arabian Peninsula. a combination of loans and grants. So know others want to speak. Soviet and Libyan-backed Ethiopia what is at issue is simply whether you Let us take the example of the has occupied Somalia territory, a siza- want to markedly increase grants in- Sudan. Four or five years ago, we did ble military superiority. Somalia, by stead of, as we have been doing in the not see an armed Libya. Four or five providing us with use of a port and air- past, relying on loans. years ago, we did not see the threat to field facilities directly, supports the Now, I know the argument will be Egypt. Four or five years ago, we did United States and the free world in made with respect to some of these not see the threat to the Sudan. our security assistance in that area countries that they face difficult eco- In response to the threat, in re- but more importantly southeastern nomic circumstances. That is quite sponse to the Qadhafi's of this world, Asia. true. But a lot of people at home face in response to the problems, we have The Sudan, everyone is aware of difficult economic circumstances. two choices. Do we act ourselves or do what is happening there, defense is Mr. KASTEN. Let me respond to the we act with security assistance money critically important to Egypt and con- Senator's question. He is correct, but so they can help themselves? We tinues to face a direct threat from as he pointed out in his concluding should act. Libya. Sudan permitted the United sentence or two, what kind of a favor In the Sudan, we saw French fight- States developments in response to are we doing by loading up Turkey, ers. The fact is that there is a problem Libya's invasion of Chad. It strongly Morocco, Sudan, Somalia with even there. It was not there 4 or 5 years supports the Camp David Agreements. more loans? They cannot turn over ago. They need the additional money. It strongly worked for moderation in and pay the loans that they have right Mr. MATHIAS. Mr. President, will Africa. Sudan is also an impoverished now. So the question is: Can we reach the Senator yield for a question? country which needs this kind of help the level of aid that they need to Mr. KASTEN. I yield. and assistance. defend their interests and defend our Mr. MATHIAS. The Senator has Kenya would be affected by this interests and the free world's interests stated his case in a very able way, but amendment, a country which contin- with more loans and do we have to he has neglected several items here, ues to provide access to our Navy in match it off with grants? The answer one of which is the item for Costa that part of the world. It is another is we have cut the administration re- Rica. What are we thrusting that mili- country which provides moderate lead- quests, and that is the direction that tary aid program on Costa Rica for, ership in Africa, the kind of leadership we are going in, but we cannot cut a when it is well known that they do not that we are trying to develop. third out of this program. have an army? They take some pride Now, these are not Third World I yield to the Senator from Vermont in not having an army. countries that have no concern. These for a question. Mr. WILSON. Mr. President-- 31998 CONGRESSIONAL RECORD-SENATE November 10, 1983 Mr. BOSCHWITZ. Mr. President-- percent, we have increased humanitar- Germany spends 3.1 percent of its Mr. MATHIAS. I wonder if the dis- ian development aid by 10 percent. gross national product on defense. We tinguished chairman of the subcom- If you want to look at the root of in- spend 6.7 or 6.8 percent. mittee can respond. stability and insecurity, there it is. Then, we can go to the other end of Mr. KASTEN. I yield to the Senator It seems to me that we can address the world, where we are also spending from California. this problem by some restraint in the a great deal of money, and that is Mr. WILSON. I will be happy to re- military program. Japan. No wonder they are such active spond. We are going along with the admin- traders. It is no wonder they are able To my good friend from Maryland I istration, with the need for an in- to come into our economy with such say that if he would visit Costa Rica crease. force. They spend less than 1 percent and speak to members of the govern- I agree with the Senator from Wis- of their gross national product on de- ment and speak to members of the op- consin that our friends in Portugal de- fense. There is no reason why they position and speak to those in the pri- serve assistance, and I think we should should spend more. vate sector, they will give him assur- give it, and the room is here to give it. We are over there with 80,000 ance that they are terrified by the fact But there are some items here that troops, and many more in Korea and that there is a fifth column operating can be trimmed or eliminated, and I the Philippines. We are spending real in Costa Rica. have great confidence that the Sena- money. If we spent 1 percent of our It is quite true that they have no tor from Wisconsin, as a conferee, will gross national product on defense, as Army, they have no Navy, and they be able to do justice and equity. Japan does, we would have a balanced have no Air Force. They do have need Mr. KASTEN. Mr. President, I be- budget. We are subsidizing their econ- of internal security against foreign lieve I have the floor. omy with our defense expenditures. subversion. Foreign subversion is The PRESIDING OFFICER. The But the Senator from Vermont and Sandinista regime. Senator from Wisconsin has the floor. coming from the the Senator from Maryland want to Mr. KASTEN. I yielded to the Sena- They are threatened, and that is the take a need. tor from Maryland for a question, and couple million dollars away from Mr. MATHIAS. I thank the Senator. I now am in a position to answer the Costa Rica. Why do we not take As he suggests, I have spoken to offi- question specifically. the $22 billion the Senator is talking about and take cials of Costa Rica. I spoke recently The funds for Costa Rica are going it from Japan? with the President of Costa Rica, and to be used this year to continue fur- Or we should ask them to help pay I am aware of the internal problems nishing border patrol groups with uni- for some of the defensive forces that they have. I think we should do some- forms, border patrol groups with cer- we maintain in their area. They spend thing to assist them, but I question tain technical communication and per- so very little on defense. whether the military assistance pro- sonal field equipment, to buy a small I submit that these figures, the gram is the avenue to assist them. number of tactical vehicles, and to money proposed in this bill, should go This is a program to help countries purchase up to three fixed-wing obser- forward for countries of the world that have Armed Forces and need vation aircraft. That is where the that either are able to repay us, as the some technical assistance. It is upgrad- money is going. Senator from Wisconsin has said, or ing their Armed Forces. With a coun- As the Senator from California are countries of the world where small try that has no Army, it seems to me pointed out, I think that is important, amounts of money make a meaningful there is some question as to whether it and I think that is worthwhile. difference in their relationship with us is an appropriate recipient. Mr. MATHIAS. It may be important, and their ability to maintain their free Let us look at the figures: Between but is it proper to be included in a institutions, and maintain their reli- 1970 and 1980, the total value of arms military assistance program? ance and alliances with us. imported by developing countries grew Mr. KASTEN. I hope it is. If we really want to save some 500 percent, from $3.9 billion to $19.5 Mr. BOSCHWITZ. Mr. President, money, get the Germans to pay out of billion. looking at the list of nations we are their economy. During the same period, the popula- seeking to help in this appropriation Mr. LEAHY. Mr. President, will the tions of these countries grew by 25 bill, and that the Senator from Mary- Senator yield? percent. land would cut so decisively, makes me Mr. BOSCHWITZ. No, I will not So if you really want to ask what is think of where this Nation's real mili- yield. causing the insecurity in the world, tary aid is going. It is not in this Let them pay from their economy look at that statistic: 25 percent budget. It is not in the foreign aid for the defenses that we help provide growth in population at a time when budget. Rather, it is in the Defense them. There we are spending real arms importation is growing by 500 budget. money, $40 billion or more in Europe. percent. The distinguished Senator from Let the Japanese pay. They are in- What is our response to that? Let us Maryland may recall that Under Sec- vading our marketplace, and subsidiz- look it in the face. retary of State Eagleburger came ing their economy through our de- The Senator from Wisconsin has before our Committee on Foreign Re- fense expenditures that are billions of suggested that we would be disman- lations and talked about the amount dollars compared with the $230 million tling a program that has developed of aid we give-not to Costa Rica or in the case of Turkey, which borders over three administrations. Oh, come Botswana or Kenya or Liberia. That is the Soviet Union and faces substantial on! Let us look at the record. Disman- peanuts. The real money is going to potential jeopardy. It has a small tling a program: Since 1980, we have Europe, in conformance with our economy by comparison with the increased the military arms program NATO obligations, where Under Secre- economies of which I speak. by 100 percent. That is hardly my defi- tary Eagleburger pointed out we are So I share Senator MATHIAS' desire nition of dismantling a program. not spending $2 million or $4 million and the desire of the Senator from Whatever is done on aid to develop- but $4.6 billion. Vermont not only to save money but ing nations, whatever is done in the If the Senator wants to save some to perhaps reduce arms traffic around area of humanitarian aid which ad- money-and I say this to my good the world. No one has a stronger feel- dresses the problem of enormous friend from Vermont-if he wants to ing about that than I. growth, that population is a strain on talk to the Rotary about saving But if we want to get at the real root resources, which is causing the real in- money, why do we not cut some of the of foreign aid or at the real expendi- security and the real instability. aid we give to countries that can really tures of foreign aid, do not look in the At a time when we have increased afford to pay for it-Germany, Italy, Subcommittee on Foreign Operations the military assistance program by 100 England, France? of the Appropriations Committee. November 10, 1983 CONGRESSIONAL RECORD-SENATE 31999 Look instead in the Department of De- dinista revolution would be true to its the Senator from California have, but fense authorization and appropria- stated ideals. I will ask that they take a chance to tions bills. That is where the money is Not only has that proved a false read the amendment prior to voting spent. hope, but in fact that regime is seek- on it because they seem to be suffer- There really is no good purpose in ing to export its revolution by violence ing under a misconception of the reducing these small amounts to these beyond its borders. amendment. They have both referred countries that really need the money. If we were to approve the amend- to it as a cut. There may be an amend- We should get at some real money and ment proposed by the Senator from ment coming down here with a cut in get at people who can afford to pay it. Maryland, we would be sending exact- this area. I am not aware of one. I am I yield the floor. ly the wrong signal not only to those not a cosponsor of one. I am a cospon- The PRESIDING OFFICER. The who are eager to defend themselves sor of Senator MATHIAs' amendment Senator from California is recognized. but to those who are eager to export for a 10-percent increase. Mr. WILSON. I thank the Chair. that violent revolution from Nicaragua The Senator from California and the Mr. President, there is a certain to Honduras, to El Salvador, to Guate- Senator from Minnesota kept talking irony at play in this Chamber and it is mala, and to Costa Rica. about cuts, cuts, cuts. It is not so at surely the 11th hour and figuratively Mr. President, it would be the most all. the llth hour. tragic mistake that we could make if I, too, am a member of the Subcom- The Senator from Louisiana and the in fact we wish to allow those with the mittee on Foreign Operations of the Senator from Wisconsin, I think, have motive to defend their own freedom Appropriations Committee and I know quite eloquently indicated that what is the means to do so, and this 40 per- that this adds 10 percent. It does not tragic before us is a well-intended but mis- cent proposed cut would be a cut 10 percent. What it error. does is say we undo the very careful should guided effort to Sena- not have an 81-percent in- So, Mr. President, I urge those crease. craftsmanship of Senator INOUYE and tors who share a concern for the free- by I have asked, Senator KASTEN. The cuts proposed dom and for the safety of those in incidentally, CRS to this amendment are too broad and too Central America, as I am sure all do, give me a list of every domestic pro- deep. to not prevent those who are neigh- gram that had an 81-percent increase Mr. President, the irony of which I bors to the Sandinista regime to lose in it like this has. I have left the tele- speak is this: My good friend from heart, to in fact confirm a suspicion phone number here, and I have been Vermont suggested that some have fa- which many of us who have visited waiting for calls. We are getting kind vored countries. I assume that I am that area have found, a suspicion that of late now waiting for several days for not alone in this Chamber in saying the United States is not a reliable ally, them to call. But apparently they that my favorite country is the United that we are not even a reliable suppli- have not found one. States. Because of that, the irony that er of military assistance. So this is not a cut, I tell my good occurs to me is that many who appear We are not policemen to the world friend from Minnesota. The dairy pro- to favor this have I suspect been but whether we like it or not we are gram was a cut. That was a 51-percent among those who in recent days have cast in the position of being the leader cut. This is not a cut. This is a 10-per- said that the United States cannot be of the free world and of certainly cent increase. Ten percent should be policemen to the world. That is quite being the major supplier to those who enough. It will give enough money, I true. would defend their freedom who lack should say to my good friend from But the interesting thing is that this the economic means to do so. California, who is concerned with Cen- program which is under attack is one To my friend from Maryland I would tral America. It leaves enough money that allows those who wish to defend say I take his point about the need for in there to continue to pay for those themselves when their freedom is economic progress in those nations. bodyguards that we need to protect threatened without U.S. forces and in But I will say this, Mr. President, Salvadoran citizens who are working virtually every instance what we are there will be no safety for economic with our Embassies, bodyguards that talking about is providing to a nation progress, no safety for humanitarian we pay to protect them from some of whose freedom is threatened the op- reforms if within the next 6 months the same element within the Govern- portunity to exercise a restraint upon those nations which are threatened ment that we are now supporting in El those who would threaten it. with armed force or armed subversion Salvador. We will still have the money Nowhere, Mr. President, is that of within their borders find themselves to protect people from being killed by more immediate impact to the United unable to resist it. Then, all the good some of the same people in the Gov- States perhaps than in our own hemi- intentions in the world, all the eco- ernment that we support. So that sphere where our lifelines, our ship- nomic aid, all the encouragement to money will still be there and in fact we ping lines are threatened and where in humanitarian reforms will come too will have 10-percent more if they want recent weeks even the most casual late. to use it in this area or transfer the reader of newspapers could not help That, Mr. President, is the reason funds in this area. They can even hire but find abundant evidence to certify that this amendment should be defeat- 10-percent more bodyguards and con- that there is a regime in Nicaragua ed. sidering the number of deaths from which is seeking by subversion and oc- The PRESIDING OFFICER. The the various death squads down there casionally by overt violence to under- Senator from Vermont is recognized. that might not be a bad idea. mine the governments of its neighbor- Mr. LEAHY. Mr. President, have the Mr. STENNIS. Mr. President, I will ing states. These neighboring states yeas and nays been requested on this be quite brief. This has been thor- are quite disposed, quite highly moti- amendment? oughly and ably argued. A few years vated to defend themselves to resist The PRESIDING OFFICER. No, ago, 10 or 12 years ago, we got crossed the efforts to bring down their govern- they have not been. up and misunderstood Greece and ments. Mr. LEAHY. I ask for the yeas and Turkey, and had serious trouble with But, Mr. President, for them to suc- nays. them. We cut off all of this aid. That ceed in this effort when they are not The PRESIDING OFFICER. Is is really what started the trouble. It asking for American troops but simply there a sufficient second? took us 3, 4, 5 years, or maybe more, for American military assistance, it is There is a sufficient second. and many, many more millions of dol- necessary that they receive it. The yeas and nays were ordered. lars to ever get that area straightened Four or five years ago no one per- Mr. LEAHY. Mr. President, I will out and restore those relations. ceived this threat. Indeed, they not go anywhere near at great length I consider this, in my opinion, some thought with high hopes that the San- as the Senator from Minnesota and of the most valuable things that we do 32000 CONGRESSIONAL RECORD-SENATE November 10, 1983 in foreign countries, particularly the Mr. BYRD. I announce that the The assistant legislative clerk read so-called smaller ones. In spending Senator from California (Mr. CRAN- as follows: this money, the return is real and im- sTON), the Senator from Connecticut The Senator from Utah (Mr. GARN), for mediate. So that is the reason it so (Mr. DODD), the Senator from Ohio himself and Mr. HUDDLESTON, Mr. SIMPSON, thoroughly convinces me that we (Mr. GLENN), the Senator from Colora- Mr. CRANSTON, Mr. DOMENICI, Mr. DECON- should not disturb this now. I, there- do (Mr. HART), the Senator from CINI, Mr. THURMOND, Mr. MITCHELL, Mr. PRESSLER, and Mr. LEVIN proposes an fore, cannot support the amendment. South Carolina (Mr. HOLLINGS), the (Mr. INOUYE), amendment numbered 258. Mr. MATHIAS. Mr. President, I Senator from Hawaii For payments to defray the costs of train- think everyone has got a firm grasp the Senator from New York (Mr. MOY- ing and provision of incentives to employers now of what we are talking about NIHAN), and the Senator from Arkan- to hire and train certain wartime veterans here. sas (Mr. PRYOR) are necessarily absent. who have been unemployed for long periods I want to thank the Senate for the The PRESIDING OFFICER (Mr. of time as authorized by law (the Emergen- careful consideration that has been CHAFEE). Are there any other Senators cy Veterans' Job Training Act of 1983, given to this amendment. I want to in the Chamber wishing to vote? Public Law 98-77), $150,000,000, to remain 30, 1986: Provid- thank in particular the Senator from The result was announced-yeas 46, available until September nays 37, as follows: ed, That not more than $25,000,000 of the Wisconsin and the Senator from Cali- amount appropriated shall be available for fornia for the careful analysis that 1[Rollcall Vote No. 354 Leg.] transfer to the "Readjustment benefits" ap- they have given. But what we come YEAS-46 propriation for educational assistance pay- down to in the final analysis is a ques- Abdnor Hatch Packwood ments under the provisions of section 18 of tion of judgment. Armstrong Hawkins Percy Public Law 98-77. Any unused portion of I will say that the considerations Baker Hecht Quayle the amount so transferred may be returned Boschwitz Heinz Roth to this appropriation at any time, but not that were laid before us by the Sena- Helms Rudman Chafee later than December 31, 1984. tor from Wisconsin and the Senator Chiles Huddleston Specter from California were before the Com- Cochran Jepsen Stennis Mr. GARN. Mr. President, this Cohen Johnston Stevens provides $150 million to mittee on Foreign Relations on the D'Amato Kassebaum Symms amendment very same questions. And the judg- Danforth Kasten Thurmond fund an on-the-job training program ment of the Committee on Foreign DeConcini Long Trible for unemployed veterans. This pro- Denton Lugar Wallop gram has recently been authorized Relations was that the amount that Dole Matsunaga Warner should be invested in military assist- East Mattingly Wilson and the administration has submitted ance programs was $387 million. Garn Nickles a request for the $150 million pro- The House Appropriations Commit- Gorton Nunn posed in the amendment. I am offer- tee reviewed the same considerations NAYS-37 ing this amendment in order to fufill a and their judgment was that the in- Andrews Ford Pell prior commitment to my colleagues vestment should be $421 million, the Baucus Grassley Pressler and to insure the timely implementa- Bentsen Hatfield Proxmire tion of the program. figure which the amendment lays Biden Heflin Randolph before you. So you have careful con- Bingaman Humphrey Riegle I am not aware of any objection to sideration, and you have different Boren Kennedy Sarbanes this amendment and I move its adop- judgments. I would urge that an 81- Bradley Lautenberg Sasser tion. Bumpers Leahy Stafford percent increase is unjustified, that a Burdick Levin Tsongas 10-percent increase contemplated by Byrd Mathias Weicker VETERANS' JOBS ACT APPROPRIATIONS the amendment is in fact a reasonable Dixon Melcher Zorinsky President, as Eagleton Metzenbaum Mr. CRANSTON. Mr. increase at this time. Exon Mitchell the ranking minority member of the Mr. BAKER. Mr. President, I see no on Veterans' Affairs and as NOT VOTING-17 Committee other Senator now seeking recogni- an original cosponsor of the pending tion. I agree with the Senator from Cranston Goldwater Moynihan pleased to rise in sup- Dodd Hart Murkowski amendment, I am Maryland, it has been an exhaustive Domenici Hollings Pryor port of this amendment offered by the debate. Durenberger Inouye Simpson distinguished chairman of the Appro- I now move to table the amendment Evans Laxalt Tower priations Subcommittee on HUD-Inde- and ask for the yeas and nays. Glenn McClure pendent Agencies (Mr. GARN) on behalf The PRESIDING OFFICER. Is So the motion to lay on the table of himself and my colleague from the there a sufficient second? There is a amendment No. 2581 was agreed to. Veterans' Affairs Committee, who sufficient second. Mr. KASTEN. I move to reconsider serves on the Committee on Appropria- The yeas and nays were ordered. the vote by which the motion was tions as well (Mr. DECONCINI), the very The question is on agreeing to the agreed to. able chairman of the Veterans' Affairs motion of the Senator from Tennessee Mr. BOSCHWITZ. I move to lay Committee (Mr. SIMPSON), and myself. (Mr. BAKER) to table the amendment that motion on the table. This amendment would add to the of the Senator from Maryland (Mr. The motion to lay on the table was second continuing resolution for fiscal MATHIAS). The yeas and nays have agreed to. year 1984 $150 million for full funding been ordered and the clerk will call [The following proceedings occurred of the Emergency Veterans' Jobs the roll. after midnight:] Training Act of 1983, Public Law 98-77. The legislative clerk called the roll. AMENDMENT NO. 2582 The veterans' jobs training measure au- Mr. STEVENS. I announce that the (Purpose: To provide funding for the Emer- thorizes the appropriation of $150 mil- Senator from New Mexico (Mr. Do- gency Veterans' Job Training Act of 1983) lion in each of fiscal years 1984 and MENICI), the Senator from Minnesota Mr. GARN. Mr. President, I have an 1985 for an emergency program of job (Mr. DURENBERGER), the Senator from amendment at the desk, one of two. training assistance for unemployed Ko- Washington (Mr. EVANS), the Senator Both of them have been cleared and rean conflict and Vietnam-era veterans. from Arizona (Mr. GOLDWATER), the will be accepted. The first amendment Mr. President, I am concerned that Senator from Nevada (Mr. LAXALT), on behalf of myself and Senators HUD- we have still not reached the final the Senator from Idaho (Mr. DLESTON, SIMPSON, CRANSTON, DOMEN- hour in terms of getting this emergen- McCLURE), the Senator from Alaska ICI, DECONCINI, THURMOND, MITCHELL, cy jobs training program started (Mr. MURKOWSKI), the Senator from and PRESSLER, is at the desk and I ask during this calendar year. Efforts to Wyoming (Mr. SIMPSON), and the Sen- for its immediate consideration. secure funding under this new public ator from Texas (Mr. TOWER) are nec- The PRESIDING OFFICER. The law, which was enacted on August 15, essarily absent. amendment will be stated. 1983, began nearly 5 months ago. November 10, 1983 CONGRESSIONAL RECORD-SENATE 32001 On August 20, the distinguished Sen- mental appropriations measure, H.R. Nation that they fought so coura- ator from Arizona (Mr. DECONCINI) of- 3959. However, that measure has been geously to preserve. fered a motion in committee to add stalled in the legislative process. That is how we can best honor the the $150 million to the HUD-Independ- Thus, we have reached the point of service and sacrifices of those who ent Agencies Appropriations Act, 1984. making good on the second assurance, have given so much to our Nation. That amendment was approved by a and that is what the pending amend- Mr. President, I urge all of my col- vote of 14 to 7. The Senate subsequent- ment would do. Any further delay in leagues to support the pending amend- ly concurred on June 21 when it passed enacting this appropriation will be in- ment. that appropriations measure. Unfortu- If this funding is not includ- There being no objection, the letter request of Office of Man- tolerable. nately, at the ed in this pending measure, funding was ordered to be printed in the agement and Budget Director could possibly not be made available RECORD, as follows: the $150 million was deleted THE Stockman, into the next calendar year. AMERICAN LEGION, in conference and thus was not includ- until well In that event, we would not see a Washington, D.C., November 9, 1983. ed in the regular appropriations meas- Hon. ALAN CRANSTON, of assistance being made ure as it was signed into law as Public single penny U.S. Senate, Washington, D.C. available for the benefit of veterans Law 98-45. DEAR SENATOR CRANSTON: The American However, during the Senate's consid- under the new authority for job train- Legion strongly supports the immediate ap- eration of the conference report on ing until at least February of next propriation of sufficient funds in fiscal year that measure on June 29, assurances year. At the very best, if the supple- 1984 to carry out the Emergency Veterans were given to Senator SIMPSON and me mental bill, H.R. 3959, clears the Con- Jobs Training Act. Implementation of the by Senators HATFIELD and GARN that gress this month, the normal process program cannot be delayed any longer. We, funding would be considered in the of engrossment, transmission to the therefore, urge the Senate to include this context of the first available appro- White House, preparation of executive funding in the continuing appropriations priations measure after final enact- branch analysis, and Presidential con- resolution now under consideration. for a The training initiatives authorized under ment of the authorizing legislation- sideration would delay enactment this act have been in effect since October 1 CONGRESSIONAL RECORD pages 9433-34. number of weeks. In contrast, this proc- and there are thousands of veterans from In the Senate, that first available ess is telescoped to a number of hours across the country who have expressed their measure was the first continuing reso- rather than weeks in the case of a con- desire to take advantage of the program. Un- lution for 1984. That measure came tinuing resolution. fortunately, they must wait for Congression- before this body on September 29. At That, Mr. President, would be most al approval of appropriations to put the program in motion. Likewise, the administer- that time, in response to the express unfortunate. It would be totally unac- and strong desires of those who wished ing agencies-Department of Labor and Vet- ceptable to me and, I know, to many to move that measure clean and to pre- erans Administration-are posed to keep others. In that regard, Mr. President, I forward, waiting only for implementation vent it from being Christmas-treed, I ask unanimous consent that a letter to funding. and others refrained from offering an me from the American Legion strongly We understood the requirement to move amendment to add the $150 million. supporting this amendment, be print- quickly on the continuing appropriations However, in lieu of our pursuing an ed in the RECORD at the end of my re- resolution and we appreciate the Senate's controversial amendment amendment to the first continuing res- marks. concern over any olution, certain commitments were that would encumber the consideration proc- made in a colloquy on the Senate floor I want to stress, Mr. President, that ess. However, the Retraining Act is not a on September 29 regarding funding the funds we are proposing to add to controversial matter. It enjoys the Adminis- the pending measure are not in dis- tration's support and its approval in the Sen- for the veterans' job program-CoN- following pute. They have been approved twice ate on June 15 was by voice vote, GRESSIONAL RECORD pages 26307-08. House approval one week earlier by a vote of First, the Senator from Utah (Mr. by the Senate and once by the House 407-10. GARN) assured me that he would sup- and have been requested by the ad- When considering the very real need to port the funding of the program in the ministration. I know of no person or immediately implement the Act and when supplemental appropriations measure agency opposing the appropration of further considering its popularity in Con- that was then under consideration by these funds on the merits. The only gress, we see no reason why necessary fund- way is a desire ing should not be included in the continuing the House of Representatives, H.R. thing that stands in our In our opinion the law, appropriations resolution. 3959. to enact a clean resolution into integrity of the resolution will not be violat- Second, I raised with Senator GARN and I do not believe my colleagues will ed by including a Training Act amendment. and the very able chairman of the Ap- allow any such abstraction to delay We, therefore, support Senate adoption of propriations Committee, the Senator further the implementation of this vi- such an amendment. from Oregon (Mr. HATFIELD), my con- tally important effort to enable long- Sincerely, cerns that the supplemental would not term unemployed veterans who need E. PHILIP RIGGIN, be approved or would have been jobs to reenter the work Director,National Legislative and want Commission. vetoed by the time that the second force. continuing resolution would come Mr. THURMOND. Mr. President, I The day after tomorrow is Veterans' am in strong support of this amend- before the Senate and that any delay Day. How can we expect to celebrate be intoler- ment which would include in the con- beyond that point would that solemn occasion if we have failed the tinuing resolution $150 million for the able. They each responded with to approve the funding needed for this would support the Emergency Veterans' Job Training Act assurance that they new program? How can we honor our inclusion of funding for the program of 1983. Nation's veterans when we have in the supplemental measure or, if Mr. President, the appropriation denied them the funding needed to that legislation is not enacted by the that is proposed by this amendment work so many of them time we take up the next continuing put back to has been previously approved by the resolution for fiscal year 1984, in that who are out of work? Senate and by the House as part of second continuing resolution. Let us not delay any further. Let us the supplemental appropriations bill. Mr. President, the first commitment put this program into operation now It is offered out of the concern that has been kept. The $150 million- and put thousands of veterans on the supplemental appropriation bill which was officially requested by the their feet. Let us make sure that those will not receive final passage until Jan- administration in a budget amend- who have defended this Nation and uary. I believe that it is important ment transmitted on October 3-was kept it free and strong have every op- that the funds be appropriated for approved by both the House and the portunity we can provide to partici- this important program prior to the Senate in the context of the supple- pate productively in the bounty of our upcoming recess. 32002 CONGRESSIONAL RECORD-SENATE November 10, 1983 In passing the Emergency Veterans' al problem. Funding for a training pro- enactment to occur anytime before Job Training Act, Congress recognized gram is needed, and it is needed now. January 1984. that unemployment and underemploy- The Emergency Veterans' Jobs To those of my colleagues who are ment problems among veterans need Training Act represents a positive first concerned, as indeed I am, that this to be addressed quickly. We now must step toward putting our veterans back continuing resolution should not back up our commitment by making to work. It is a carefully crafted meas- become another Christmas tree meas- these funds available at the earliest ure and targets benefits on the long- sure, I would simply emphasize that possible time. term unemployed. It provides training this provision which we are today pro- I, therefore, strongly support this for veterans who have been unem- posing to move from the supplemental amendment and urge the support of ployed for 15 out the last 20 weeks. It to the continuing resolution has al- my colleagues. provides training in growth industries ready been approved by both Houses in an effort to insure that the veteran of Congress, and thus need not serve STrAT NS RELATIG TOGARN ADMENT will have the best possible chance to as a precedent for the attachment of NO.2582 find permanent employment. It repre- Mr. DECONcINI. Mr. President, I am sents a partnership between Govern- the usual bevy of nongermane, never- before-considered amendments. pleased to be a cosponsor of Senator ment and the private sector and in- GARN'S amendment to include $150 cludes important safeguards by pro- Mr. President, I urge my colleagues to join me in supporting this impor- million in the continuing resolution hibiting employers participating in the tant amendment. for fiscal year 1984 to fund the Emer- program from laying off or firing cur- Mr. HUDDLESTON. Mr. President, tency Veterans' Jobs Training Act, rent employees. the HUD- Public Law 98-77. as the ranking member of I commend Senator GARN for taking Independent Agencies Appropriations Let me take a moment to review the the initiative to include funding for Subcommittee, which has jurisdiction strong bipartisan support which exists this program in the pending measure over funding for the Veterans' Admin- for an emergency veterans' jobs train- and urge my colleagues to support it. ing program. In its recommendations Mr. SIMPSON. Mr. President, I am istration, I am pleased to cosponsor the amendment offered by the distin- to the Budget Committee, the Senate pleased to lend my strong support to Veterans' Affairs Committee unani- the amendment offered by the distin- guished chairman of the subcommit- mously voted to include $150 for a jobs guished chairman of the Subcommit- tee (Mr. GARN). program. The first concurrent budget tee on HUD and Independent Agen- The amendment would provide $150 resolution for fiscal year 1984. House cies, to provide full fiscal year 1984 million to fund the Emergency Veter- Concurrent Resolution 91, as passed funding for the Veterans' Emergency ans' Jobs Training Act of 1983, Public by the Senate, made provision for $150 Jobs Training Act of 1983, Public Law Law 98-77. This program had not million for a jobs training program 98-77. been authorized when we passed the specifically targeted on veterans. The This bill was signed into law by regular fiscal 1984 HUD-independent conference report, as adopted by both President Reagan on August 15 of this agencies appropriation bill in July; Houses of Congress held $150 million year. Since that time, it has generated consequently, funding was deferred in reserve for this program, pending a tremendous amount of interest without prejudice. The program has enactment of authorizing legislation, within the veterans' community and a now been authorized and there is a On June 7, the House overwhelmingly great many veterans of the Vietnam budget request for funding. I believe passed the Emergency Vietnam Veter- era and the Korean war have made we should provide the necessary fund- ans' Jobs Training Act by a vote of their applications or taken other ap- ing promptly. 407 to 10, and the Senate passed a com- propriate steps to participate in the The program will provide on-the-job panion measure by voice vote on June program. In addition, it now seems training for Korean and Vietnam era 15. Finally, the President signed the that both the Veterans' Administra- veterans who have been unemployed legislation at the Veterans' of Foreign tion and the Department of Labor, for 15 of the previous 20 weeks. Under Wars Convention on August 15. which are responsible for the adminis- the program, an employer could re- I first attempted to include funding tration of the program, have complet- ceive up to 50 percent of a veteran's for the jobs training measure in the ed most of the necessary training and starting salary for up to 9 months of HUD-independent agencies appropria- paperwork, and that all that is lacking training. tions bill, H.R. 3133, during the Senate now to get this program off the A large number of Korean and Viet- Appropriations Committee markup of ground is the adequate funding. nam era veterans remain unemployed. that legislation on June 14. My Mr. President, I do not feel that it is There is a particularly severe problem amendment was adopted by a vote of necessary at this point to engage in a in the 25 to 29 year age group. Some 15 to 7. Unfortunately, the amendment repetitive discussion of the merits of are still suffering from readjustment was dropped during conference since the program. Both the President-in problems, in some cases resulting from the Senate had not, as yet, completed submitting a formal request that the unemployment and underemployment. action on the authorizing legislation, program be fully funded for fiscal year Surely we need to assist these Amer- As noted above, the authorizing legis- 1984-and both Houses of Congress- icans who have done so much and lation passed the Senate the following in approving such a provision in the surely the time has come to do so. day. context of the fiscal year 19845 sup- I urge adoption of the amendment. While funding for the Emergency plemental appropriations bill, H.R. The PRESIDING OFFICER. The Veterans' Jobs Training Act was in- 3959-appear to have warmly em- question is on agreeing to the amend- cluded in the supplemental appropria- braced the program on its merits, so ment. tions bill, H.R. 3959, which passed the that the issue before us today is not so Mr. BYRD. Mr. President, I ask for Senate on October 27, it now appears much whether the money should be regular order. The manager of the bill that final action on that measure may appropriated, but only when. on the majority side is not present. not be completed prior to the adjourn- On this point, Mr. President, I would Mr. DENTON. Mr. President, will ment of Congress sine die. Since our stress the emergency nature of the the Senator yield for 30 seconds? veterans anticipated that this program jobs training program authorized in Mr. GARN. I shall be happy to yield would be available to them on October Public Law 98-77. I am most reluctant in just a moment. If we could get the 1, 1984-the beginning of the fiscal to take the chance that this funding managers of the bill, this amendment year-I believe it is imperative that provision, if left in the supplemental was talked about in committee. It has funding for the program be included might not clear the conference proc- broad support on both sides, many co- in the pending measure. Veterans un- ess, be passed by both Houses, and be sponsors. It was requested by the ad- employment remains a serious nation--signed by the President, in time for ministration. If we could have a little November 10, 1983 CONGRESSIONAL RECORD-SENATE 32003 understanding that that has been The PRESIDING OFFICER. The two purposes. First, it continues the agreed to, we could move on rather amendment will be stated. housing assistance to an estimated rapidly. The assistant legislative clerk read 9,400 families participating in HUD's Mr. HATFIELD. Mr. President, we as follows: experimental housing demonstration are willing to accept it. The Senator from Utah (Mr. GARN) pro- program, thus avoiding the need to Mr. President, if the Senator will poses an amendment numbered 2583. dislocate these people from their yield-- The heading "Annual contributions for as- homes during fiscal sisted housing" in the Department of Hous- year 1984. The Mr. GARN. I am happy to yield to second part of the amendment extends the distinguished chairman of the ing and Urban Development-Independent Agencies Appropriations Act, 1984 (Public the legislative deferral established in Committee on Appropriations. Law 98-45) is amended by inserting before Public Law 98-45 of $1.5 billion in Mr. President, as Mr. HATFIELD. the period at the end thereof (97 Stat. 219, housing funds. the Senator from Utah has said, both 220) the following: "' Providedfurther, That This extension will give the Appro- sides of the aisle have studied this $6,000,000 of contract authority and amendment and find it acceptable. $30,000,000 of budget authority provided in priations Committees the time neces- Mr. STENNIS. Mr. President, we ap- or subject to the fourth proviso under this sary to review any newly authorized prove of the amendment. heading in the Department of Housing and programs before the funds are re- Mr. FORD. Mr. President, will the Urban Development-Independent Agencies leased. Apropriation Act, 1984 (Public Law 98-45, 97 Mr. President, Representative ST Senator add me as a cosponsor? Stat. 219) are approved for use to extend Mr. GARN. I ask unanimous consent annual contributions contracts in accord- GERMAIN, the distinguished chairman that that be done. ance with section 504 of the Housing and of the House Banking Committee, and The PRESIDING OFFICER. With- Urban Development Act of 1970, as amend- I have been in negotiation on the out objection, it is so ordered. ed by section 6 of Public Law 98-35 (97 Stat. housing bill. We do expect to have a The question is on agreeing to the 197, 198-199): Provided further, That the housing authorization bill to present amendment. $1,500,000,000 of budget authority otherwise to the Senate next week. The amendment (No. 2582) was deferred until January 1, 1984 in the second proviso under this heading in the Depart- I ask unanimous consent that a table agreed to. ment of Housing and Urban Development- updating the table contained in the AMENDMENT NO. 2583 Independent Agencies Appropriation Act, fiscal year 1984 HUD conference (Purpose: To continue funding of house- 1984 (Public Law 98-45, 97 Stat. 219) shall report (House Report No. 98-264) be holds under the Experimental Housing not become available until March 31, 1984, printed, at this point in the RECORD, and further extend the deferral time shall be added to and Program and at such with an accompanying explanation. of reserve funds until March 31, 1984) merged with budget authority which is sub- There being no objection, the mate- Mr. GARN. Mr. President, I have an ject to the fourth proviso under such head- amendment at the desk which has ing". rials were ordered to be printed in the been cleared. I ask for its immediate Mr. GARN. Mr. President, simply RECORD, as follows: consideration. stated, the amendment accomplishes

ANNUALCONTRIBUTIONS FORASSISTED HOUSING, FISCAL YEAR 1984-GROSS RESERVATIONS [Useof carryover]

Units Cost Contractauthority Term Budgetauthority

arrover ...... NA NA $56,989,998 NA $1,464,822,394 Recaptures...... NA NA 102,393,000 NA 2,500,000,000 Permanentauthority...... NA NA 19,397,609 NA 19,397,609 Newauthority ...... NA NA 636,336,000 NA 9,912,928.000 Totalavailable ...... NA ...... 815,116,607...... 13.897,148,003

Publichousing: Publichousing ...... 5,000 30,000,000 900,000,000 13,912,000 389,550,000 Indianhousing ...... 2,500 ...... NA 6,666,000 200,000,000 Amendments...... Sec. 23 (EHAPowners) ...... (4,200) 6,000,000 30,000,000 Leaseadjustments...... NA 22,300,000 22,300,000 Interestrate adjustments...... NA 6,666,000 200,000,000 ...... NA 77,500,000 1,550,000,000 Iodrlzlll olUl...... Subtotal,public housing...... 7,500...... 163,044,000...... 3,291,850,000 Section8: Section202 ...... 14,000 6,880 95.320.000 20 1,926,400,000 409,751,300 Existinghousing: Fromcarryover ...... 7,179 4,548 32,650,092 15 489,751,380 Other...... 27,821 4,548 126,529,908 15 1,897,948,620 Subtotal,e isting...... 35.000 ...... 159.180.000...... 2,387,700,000

Moderaterehabilitation ...... 5,000 4,800 24,000,000 15 360,000,000 Loanmanagement ...... 5,000 3,600 18,000,000 5 90,000,000 Propertydisposition...... 10,000 4,900 49,000,000 15 735,000,000 Conversions: Section23: EHAP...... 5.200 4,212 22,000,000 5 110,000,000 Regular...... 3,000 2,850 8,550,000 15 128,250,000 Rentsupplement/RAP...... 40,000 3,225 129,010,000 15 1,935,153,000 Subtotal,conversions...... 48.200 ...... 159,560,000...... 2,173,403,000

Deferredauthority...... NA NA 100,000,000 15 1,500,000,000 Amendments: New/rehabilitated: Preconstruction...... NA NA 10,000,000 23 230,000,000 Projectreserves...... NA NA 15,000,000 5 75.000,000 Existinghousing: egular...... NA NA 14,012,607 3 42,037,821 Loanmanagement ...... NA NA 5,000,000 10 50,000,000 Moderaterehabilitation ...... NA NA 2,000,000 10 20,000.000 Subtotal,amendments...... NA ...... 46,012,607...... 417,037,821 32004 CONGRESSIONAL RECORD-SENATE November 10, 1983 ANNUALCONTRIBUTIONS FORASSISTED HOUSING, FISCAL YEAR 1984-GROSS RESERVATIONS-Continued [Useof carryover]

Units Cost Contractauthority Term Budgetauthority

Subtotal,section 8...... 117,200 ...... 652,072,607...... 9589,540,821

Total,public housing and section 8 ...... 124,700...... 815,116,607...... 12,881,390,82

Unuti ...... 0 ...... 1,015,757,182

The accompanying table differs from the AMENDMENT NO. 2584 arrangements did not permit the in- program appearing in the Conference (Purpose: To permit the acquisition of no curring of any debt outside the coun- Report No. 98-264 to the HUD-Independent more than four foreign-built vessels for try. Agencies Appropriation Act, 1984 (Public operation under U.S. flag) Lykes is now, even though they are Law 98-45) in the following respects: Mr. JOHNSTON. Mr. President, I the largest domestic steamship compa- (1) The current table amends the Confer- send an amendment to the desk and ny in the country, on the edge of ence Report table to incorporate actual car- ask for its immediate consideration. ryover of unutilized authority from 1983 bankruptcy, having lost $21 million The PRESIDING OFFICER. There last year. If they are able to exercise and actual permanent authority becoming is a pending amendment which must available for use in 1984. the option, which expires on Novem- be laid aside. ber 16 of this year, to pick up these (2) $6,000,000 of contract authority and Mr. HATFIELD. Mr. President, I ask $30,000,000 of budget authority has been four ships and refurbish them outside unanimous consent that the Metz- added to reflect amendments extending the the country, it will allow them to get enbaum amendment be set aside for assistance provided to 4,200 homeowners their foot in the door the consideration of another amend- to keep them- under the Section 23 Experimental Housing selves in the container trade. Allowance Program (EHAP). ment. The PRESIDING OFFICER. With- What this amendment does is to (3) Per unit cost changes based on latest permit Lykes to do that. It does not estimates are as follows: out objection, it is so ordered. Department grant section 607 subsidies to them. It (a) Section 8 Existing-from $4,000 to The clerk will state the amendment $4,548. of the Senator from Louisiana. simply allows them to purchase these (b) Section 8 Moderate Rehabilitation- The assistant legislative clerk read ships which are already under con- per unit cost is increased from $4,381 to as follows: tract and bring them into the country. Mr. NICKLES. $4,800. The Senator from Louisiana (Mr. JOHN- Will the Senator (c) Section 8 Loan Management-in- STON), for himself and Mr. LONG, proposes yield? creased from $3,000 to $3,600. an amendment numbered 2584. Mr. JOHNSTON. Yes. (d) Section 8 Property Disposition-in- Mr. NICKLES. Will the Senator creased from $4,700 to $4,900. Mr. JOHNSTON. I ask unanimous consent that further reading be dis- inform the Senate, if they are to build (4) Conversions under the Section 23 pro- these four ships and they build them gram have been changed to reflect the con- pensed with. The PRESIDING OFFICER. With- overseas, would they still be receiving version of renters currently participating in the construction subsidies from the the Section 23 EHAP program to the Sec- out objection, it is so ordered. U.S. taxpayers? Would they be able to tion 8 program. At the end of the joint resolution, insert: (5) Section 8 amendment requirements Upon application, prior to January 1, take that subsidy and spend those dol- have been increased by $2,000,000 of con- 1984, by a subsidized U.S.-flag liner compa- lars overseas to have some foreign tract authority and $20,000,000 of budget ny holding a written option to purchase exe- shipyard do the work on these ships? authority to reflect amendments in the Sec- cuted prior to November 16, 1983, the Secre- Mr. JOHNSTON. No, they would tion 8 Moderate Rehabilitation program. tary of Transportation shall permit the ac- not, and that is a good question. They (6) Section 8 Existing amendment require- quisition of no more than 4 foreign-built would not be able to do so. ments have been increased by $2,012,607 of vessels for operation under U.S. flag. Upon Mr. NICKLES. So they would not re- contract authority and $6,037,821 of budget acquisition and documentation under the laws of the United States, these vessels shall ceive construction subsidies. Would authority. they still receive operating subsidies In addition, the $100,000,000 of contract be deemed to have been United States built for purposes of Title VI of the Merchant from the U.S. taxpayers for those authority and $1,500,000,000 of budget au- Marine Act, 1936, as amended, Section ships that were built overseas? thority deferred by Public Law 98-45 re- 901(b) of said Act, and Chapter 37 of Title Mr. JOHNSTON. The answer is no. mains deferred and undesignated and Bill 46, United States Code. language is recommended to extend the de- Mr. NICKLES. The answer is no. So ferral of this authority to March 31, 1984. Mr. JOHNSTON. Mr. President, this for those four ships-- Mr. JOHNSTON. Actually the four Mr. GARN. Mr. President, I know of amendment has been cleared with Senator PACKWOOD, the chairman of ships are not being constructed. They no objection to this amendment and have already been built. They would ask that it be adopted. the Commerce Committee, Senator simply be purchased and brought in Mr. HATFIELD. Mr. President, LAXALT, the Appropriations Subcom- mittee chairman, and I believe I can here. All it would do is permit them to there is no objection on this side. say over the last 2 days with every- utilize those ships on coastwise trade. Mr. STENNIS. There is no objection body at interest. This amendment, Mr. That is what it permits. on this side. President, costs the Federal Treasury Mr. NICKLES. Would they receive The PRESIDING OFFICER. The nothing. As a matter of fact, it would Federal Government operating subsi- question is on agreeing to the amend- make the Treasury money. What it dies for those ships on their oper- ment. would do is allow the Lykes Steamship ations? The amendment (No. 2583) was Co., to purchase four used ships out- Mr. JOHNSTON. I am advised that agreed to. side of the United States and bring they could get operating subsidies, but Mr. GARN. Mr. President, I move to them into this country. The reason they would be less than if they would reconsider the vote. Lykes is in a special circumstance is use U.S.-built ships-actually, $10 mil- Mr. HATFIELD. I move to lay that because the window of 1 year in length lion less I am advised than if they used motion on the table. expired on September 30, 1982, where- U.S.-built ships. The motion to lay on the table was by domestic steamship companies Mr. NICKLES. Will the Senator tell agreed to. could purchase ships or build ships, us how much of an operating subsidy construct ships outside of the country. we are going to be giving this one com- However, at that time, Lykes was a pany? I guess that the Senator's subsidiary of LTV, and LTV's banking amendment would only benefit one November 10, 1983 CONGRESSIONAL RECORD-SENATE 32005 company. Could he tell us how much Mr. TRIBLE. Will the Senator yield Mr. President, I plead with my col- of an operating subsidy they would be for one further question? Is it not a leagues to think about jobs. receiving? fact that this is the first time this Mr. JOHNSTON. I do not know. The matter has been debated and discussed purpose of this is not to get the oper- in the Senate; that although it may ORDER OF PROCEDURE ating subsidy but to allow them to have been addressed by the other Mr. BAKER. Mr. President, I ask bring in the ships, because otherwise body, this question has not been unanimous consent that the proceed- they are bankrupt, and, frankly, we brought to the attention of the appro- ings we are about to have may appear lose 1,200 jobs in Louisiana. It is just priate committees of the Senate and at the conclusion of the amendment as simple as that. to date no inquiry has been made. and not at the point where I have in- Mr. NICKLES. Could the Senator Mr. JOHNSTON. The Senator may terrupted. give us how much of an operating sub- be correct on that. I can tell him that The PRESIDING OFFICER. With- sidy they are receiving today so we the administration does support the out objection, it is so have an idea how big a stake the tax- proposition. ordered. payers have involved in this? I plead with my colleagues. We have Mr. JOHNSTON. The taxpayers 1,200 jobs-actually, 3,000 jobs for UNANIMOUS-CONSENT would save $10 million by this amend- Lykes, 1,200 of them in Louisiana. It is AGREEMENT ment as compared to having American the largest steamship company in the ships-$10 million less subsidy. I am country. They lost $21 million last Mr. BAKER. Mr. President, the sorry, I do not know the amount of year. They simply go under if they do reason for this unusual procedure is the subsidy. As a matter of fact, I did not get this. I wish I could tell the that we have an unusual opportunity. not, frankly, realize there was any sub- Senate chapter and verse about every We have been working with the Civil sidy at all. It is a small subsidy for for- jot and tiddle of the regulations. I Rights Commission reauthorization eign ships, but I cannot tell the Sena- know that they go under. I know we bill for days-indeed, for weeks-and I tor the amount. I am sorry. lose 1,200 jobs. If you turn this down, am happy to report to the Senate that Mr. NICKLES. If the Senator will you may say, "Well, the process is not I believe we have a compromise that yield, if you have one company and served because the Senate has not had has been reached by the principals in- this amendment is going to mean that any hearings," but when 1,200 Loui- volved in the Senate which appears to the subsidy will be $10 million less, sianans and 3,000 Americans lose their be agreeable to major civil rights you are talking about pretty substan- jobs, and they say, "What was the groups who have been actively in- tial subsidies in this Senator's opinion. Senate thinking of," we say, "Well, volved in the negotiations and with I would be interested in knowing how sorry, old fellow, you lost your job. We the White House. Frankly, I should much of a subsidy they would be re- did not have hearings in the Senate. I like to do that agreement before it ceiving. I have a little problem, in can tell you it is not my fault. I would slips away from us. So let me now pro- having ships built or repaired over- have had them if they left it up to pound a unanimous-consent request. seas, in them continuing to receive op- me." Mr. President, I ask unanimous con- erating subsidies. That concerns me to I plead with my colleagues, it is a lot sent that the Senate now temporarily some degree. of jobs. lay aside the continuing resolution Mr. JOHNSTON. Actually, all it Mr. LONG. Mr. President, will the and proceed to the consideration of does for this company is allow them to Senator yield for a question? the Civil Rights Commission reauthor- take advantage of the same window ev- Mr. President, may I say to the Sen- ization bill for 10 minutes-the matter erybody else could take advantage of ator that there was a time, and I can to be considered for just 10 minutes- earlier, but the reason that they could recall the time very well because I was and that during that 10 minutes, only not was because they were controlled the chairman of the Merchant Marine one amendment will be in order. That by a parent company, LTV, that had Subcommittee at that time on the will be an amendment to be offered by banking arrangements that did not Commerce Committee, and it was my the Senator from Pennsylvania (Mr. permit them to do so. privilege to help pass the bill-that SPECTER), for himself, Mr. THURMOND, Mr. TRIBLE. Will the Senator from the Senate passed this ship construc- Mr. BIDEN, Mr. DOMENICI, and others; Louisiana yield? tion fund money. At that time, you and the amendment, if adopted, will Mr. JOHNSTON. Yes, I yield. could build the ships domestically be- be considered as original text for the Mr. TRIBLE. As my distinguished cause it only cost about twice as much purpose of further amendment. friend from Louisiana knows, I have to build them here as it did elsewhere. Mr. President, before the Chair puts serious reservations about this amend- Now it is four times as much. It is just the request, may I explain that there ment. In fact, I am constrained to impossible to do it. So now it is not a is another amendment that will be of- oppose the amendment at the appro- matter of building them in some other fered, I am told, by the Senator from priate time. But my question is this: shipyard. They are not in position to Iowa (Mr. JEPSEN). It will not be of- Why this extraordinary procedure at do that. They cannot pay the differ- fered tonight. It will be offered when this extraordinary hour? We have a ence, nor can anybody else. So that it we resume consideration of the Civil formal hearing process. If this is a is not a matter of losing any jobs. It is Rights Commission reauthorization matter of such great urgency, why was a matter of saving jobs for Americans, bill, which I assume will be on it not presented to the Congress because if this company goes out of Monday, after we have finished action before this late hour? Why were hear- business, those jobs, I would ask my on the continuing resolution. That is ings not held? What evidence is there friend, is it not true, will not go to the reason for the request. that this steamship company is in seri- American seamen; they will go to I further ask unanimous consent ous financial straits? seamen somewhere else? that the control of those 10 minutes Mr. JOHNSTON. I am glad the Sen- Mr. JOHNSTON. That is exactly be in the usual form. ator asked that question. First of all, right. The competition is foreign, prin- Mr. BYRD. Mr. President, reserving hearings were held on the House side. cipally, and we just lose the jobs to, I the right to object, may I approach The administration does support this do not know, Japan or wherever. the bench? proposition. The reason for the urgen- Mr. LONG. It would not be as I have no objection. cy is that Lykes has an option to pur- though those jobs went to Virginia or Mr. JOHNSTON. Mr. President, re- chase four ships which expires Novem- North Carolina somewhere; they are serving the right to object, I do not ber 16. They are four small used ships just lost to Americans? know whether I can read the body cor- that would be refurbished and Mr. JOHNSTON. That is exactly rectly or not, but I was hoping that we brought into the coastwise trade. right. had the debate on our amendment 32006 CONGRESSIONAL RECORD-SENATE November 10, 1983 about wound down and that in view of leader is requesting for purposes of ex- It is sort of a hybrid Commission. It the support of the various subcommit- pediting the matter, but I would like is one that has been, I might say to tee chairmen, we might have been able myself to be able to speak on this the Senator from North Carolina, to adopt our amendment. matter, and it occurs to me for such an cleared with the President's represent- I wonder if the majority leader important matter at a very late hour ative as recently as 30 or 40 minutes would let us complete action, if it that 10 minutes on a Specter amend- ago in Tokyo and discussed with the would not take too long. ment, which is a very important President's Counsel, Mr. Fielding, and I ask the Senator from Virginia if he amendment as regards the Civil that is in essence the compromise. would be ready to let us have a vote on Rights Commission, very critical and Mr. EAST. Mr. President, I wish to it. fundamental, is an unusually short speak in opposition to the amendment, Mr. BAKER. Mr. President, it will period of time. and I will accede to the majority lead- not take long. I amend the request so Mr. BAKER. Mr. President, may I er's request in order to expedite mat- that it is 5 minutes, equally divided. say that the Specter amendment may ters this evening. I do think the Spec- Mr. JOHNSTON. The majority not be the same amendment now that ter amendment represents a very fun- leader said something about an the Senator from North Carolina has damental change in the Civil Rights amendment. in mind. Commission and for a 10-minute Mr. BAKER. That is on Monday. Mr. EAST. I beg the Senator's debate on it is a very limited time for a The PRESIDING OFFICER. Is pardon. very fundamental change in this very there objection? Mr. BAKER. It may not be the origi- controversial Commission. But I am Mr. EAST. Mr. President, reserving nal Specter amendment that the Sena- willing to accede to that and I wish to the right to object, I wish to under- tor has in mind. This is an amendment be able to-- stand what the unanimous-consent re- that has been worked out with great Mr. STEVENS. It will be subject to quest is. care as a compromise between the amendment. Mr. BAKER. I will state the unani- original Specter-Biden amendment, Mr. EAST. I understand that, but I proposal, mous-consent request for the Senator the original reauthorization understand also by making it an inte- Sena- the White House and a number of from North Carolina and other gral part of the change that will be tors. other groups. difficult to make, and I think to make unanimous con- I invite the Senator from Kansas Mr. President, I ask that change by this body which gener- sent that the Senate temporarily lay who has been so instrumental in nego- ally prides itself upon some degree of aside the continuing resolution and tiating this compromise to converse in a proceed instead to the consideration of further with the Senator from North deliberation, to make that change pretty funda- the Civil Rights Commission reauthor- Carolina if he wishes to explain it but, period of 10 minutes is a ization bill, for a period of not to Mr. President, may I say that when we mental change at the hour of 12:30 in exceed 10 minutes, to be equally divid- resume consideration of this bill the the morning. ed, and the control of that time to be Specter-Biden-Thurmond-Domenici But I am willing to proceed without in the usual form. amendment will be subject to further objection and wish to be able to hear I further ask unanimous consent amendment on Monday and further the description of the amendment that during that time, only one debate at that time. which would seem to me then will take amendment be in order, and that will So I hope the Senator will let us go only 5 minutes to describe it, which be the amendment to be offered by ahead with what I believe is an agree- leaves us 5 minutes to oppose it. That the Senator from Pennsylvania (Mr. ment that has been arrived at in a is really in effect what we are saying. SPECTER), which is the so-called com- painstaking and careful way and Mr. BAKER. Yes, Mr. President. promise amendment arrived at over a which can be modified further when Mr. THURMOND. Mr. President, we period of time. But if the Specter the Senate resumes consideration of are not going to vote on it tonight. amendment is adopted, it will be con- this bill on Monday. Mr. EAST. No, but we are voting on sidered as original text for the purpose Mr. EAST. Mr. President, could I ask a very fundamental amendment which of further amendments when we for a very brief description? I under- would make a very substantive change resume consideration of the Civil stood what the earlier Specter amend- in the Civil Rights Commission. And Rights Commission reauthorization ment is. What is the current Specter as a member of the Judiciary Commit- bill-which, I say parenthetically, will amendment as agreed to? tee seeing this thing thrashed around not be tonight nor tomorrow. I expect Mr. BAKER. Mr. President, I yield for weeks on end, I am a little bit trou- that it will be on Monday. to the Senator from Kansas. bled about doing it over a period of 10 Mr. EAST. As I understand the ma- Mr. DOLE. Mr. President, as the minutes at 12:30 in the morning be- jority leader's request, we are going to Senator from Pennsylvania will ex- cause it is going to shift again very spend-- plain, this amendment would establish fundamentally the form, the nature, The PRESIDING OFFICER. Will an eight-member Commission, with the character of this Commission from the Senator from North Carolina four members appointed by the Presi- what it is now to a new form. It means please use the microphone? dent, two Democrats and two Republi- then on Monday granted we can Mr. EAST. Mr. President, as I under- cans, and four members appointed by amend it, but it means we start then stand the majority leader's request, Congress, two Democrats and two Re- with a very fundamentally different then, we are simply laying aside the publicans. Specifically, the President kind of Commission if this amendment continuing resolution to take up the pro tempore of the Senate and the is passed than we currently have. reauthorization for 10 minutes and Speaker of the House would each ap- I regret that it has to be taken up at the sole purpose of that 10 minutes is point two members, upon the recom- such a late hour. But I will accede to to consider the Specter amendment. mendations of the congressional lead- the majority leader's request and wish Mr. BAKER. That is correct. ership of both parties. It is a 6-year the opportunity to repair to my own Mr. EAST. And the time is evenly di- authorization, with fixed 6-year stag- desk up there and be part of the 5- vided. gered terms for commissioners, and re- minute opposition for what it may be Mr. BAKER. That is correct. moval of commissioners only for cause. worth. Mr. EAST. I will not object because The President appoints the staff direc- All right. the majority leader simply is saying tor, chairman and vice-chairman, with Mr. BAKER. Mr. President, first I we shall then continue the matter the concurrence of the Commission. amend my request so that at the con- again on Monday, although I do think The personnel who are there now, stay clusion of the 10 minutes the Senator as regards the Specter amendment I there and keep all of their current from Virginia will be once more recog- will not object to what the majority rights and benefits. nized to continue his debate. November 10, 1983 CONGRESSIONAL RECORD-SENATE 32007 Next, Mr. President, I say to the dis- Mr. THURMOND. He yielded to me Mr. BAKER. Mr. President, I yield tinguished Senator from North Caroli- for a few minutes to explain the control of the balance of the time to na, and he is a most distinguished and matter. the Senator from Pennsylvania, who contributing Member not only to the The PRESIDING OFFICER. The will offer an amendment. Judiciary Committee but the Senate, I time is now running. Mr. SPECTER. I thank the distin- am certain that the managers will give Mr. BAKER. Mr. President, I am guished majority leader, and I thank him whatever time he reasonably re- afraid so. the distinguished chairman of the Ju- quires to discuss the matter, and I am Mr. President, I am afraid that in diciary Committee. personally sorry that he was not in- order to accommodate this we are Mr. President, I ask the distin- volved more fully in the deliberations going to need a little extra time also so guished Senator from Delaware, Mr. over the last several weeks. the Senator from North Carolina can BIDEN, if he will modify his amend- But it is not a question really of be heard. ment and accept my amendment. doing it in the next 10 minutes. This Mr. BIDEN. Mr. President, I will be Mr. BIDEN. I have no objection; yes. has been, to my certain knowledge, in happy to yield to him all the time. negotiation for days, and it is in the Mr. BAKER. All right. AMENDMENT NO. 2586 nature of things, I suppose, that when I withhold any further request. (Purpose: To establish a Commission on you get involved in negotiations that a The PRESIDING OFFICER. All Civil Rights) great number of people are involved right. Mr. SPECTER. Mr. President, on you forget other people who should be The Senator from South Carolina is behalf of Senators BIDEN, DOLE, THUR- involved, and I apologize for that. But recognized. MOND, DOMENICI, MATHIAS, KENNEDY, that is, I suppose, the way we have to Mr. THURMOND. So, Mr. Presi- METZENBAUM, CHAFEE, GORTON, and conduct ourselves. dent, in order to bring this thing to a myself, I send to the desk an amend- So, Mr. President, I hope the request head, because it seemed to be ment and ask for its immediate consid- will be acceded to. irreconcilable, but finally we have eration. The PRESIDING OFFICER. With- gotten all sides to reach an agreement. I further ask unanimous consent out objection, it is so ordered. Both sides have had to give and take, that, in light of the fact that there are Mr. BAKER. Mr. President, I yield and after all I guess that is what legis- 50-odd more additional Senators, who the control of the time. First I yield to lation is about. Most legislation is a sponsored Senate Concurrent Resolu- the distinguished chairman of the Ju- compromise. tion 78, and have not had a chance to diciary Committee. At this time I wish to pay tribute to know the contents of this amendment, The PRESIDING OFFICER. The the ranking minority member of the but who would likely wish to be co- Senator from South Carolina is recog- Judiciary Committee, who has cooper- sponsors, that they may have an op- nized. ated so well in this matter, Mr. JOE portunity to add their names as co- BIDEN; to Senator ARLEN SPECTER, of sponsors at the desk. Pennsylvania, who had the amend- The PRESIDING OFFICER. Is CIVIL RIGHTS COMMISSION ACT ment here to provide for the members there objection? Hearing none, it is so OF 1983 of the Civil Rights Commission to ordered. The Senate resumed consideration come from Congress; to Mr. BOB DOLE, (The names of Mr. PERCY, Mr. RAN- of the bill, H.R. 2230. who has worked untiringly on this DOLPH, Mr. CRANSTON and Mr. MEL- Mr. THURMOND. Mr. President, matter for a number of days; to Mr. CHER were added as cosponsors.) this has been a very arduous and long OREN HATCH, who has done likewise; to The PRESIDING OFFICER. Does drawn out matter. Senator BAKER, who has been in touch the Senator withdraw his original Under present law the President ap- with the White House in Tokyo and amendment? points the members of the Civil Rights has rendered a magnificent service in Mr. SPECTER. I do. Commission but some Members of the bringing about this compromise; to The PRESIDING OFFICER. The Senate and of the House of Represent- Senator PETE DOMENICI and Senator clerk will report. atives, also, felt that Congress should TED KENNEDY and Senator MAC MA- The assistant legislative clerk read have a more active part in selecting THIAS, all who have contributed to this as follows: these Commissioners, and that has matter; also to Mr. Ed Meese, who has The Senator from Pennsylvania (Mr. been the bone of contention. It is worked on this for the President, and SPECTER), for himself, Mr. BIDEN, Mr. DOLE, whether the President should be al- the President himself has approved it; Mr. THURMOND, Mr. DOMENICI, Mr. KENNE- lowed to keep that power entirely or Mr. Fred Fielding, in the White DY, Mr. MATHIAS, Mr. METZENBAUM, Mr. CHAFEE, and Mr. GORTON, proposes an share it with Congress. House, who has worked on it; Mr. Ken amendment numbered 2586. This has been a stalemate in the Ju- Duberstein, the chief liaison from the diciary Committee for weeks and White House; Miss Pam Turner, who Mr. SPECTER. Mr. President, I ask weeks, as the able Senator from North is the liaison to the Senate from the unanimous consent that further read- Carolina said. Finally there has been a White House; and Miss Debbie Owen, ing of the amendment be dispensed compromise worked out. It is not the the acting chief counsel of the Judici- with. compromise that I prefer, because I ary Committee here, who has worked The PRESIDING OFFICER. Is think under our tripartite system of on it hard and so has Miss Sheila Bair there objection? Hearing none, it is so government that Congress makes the and Mr. Mark Gitenstein and other ordered. law, the executive branch administers staff members. The amendment is as follows: in the law, and the Supreme Court in- We feel that, to overcome this stale- Strike out all after line 2 on page 1 and terprets the law. However, I cannot mate and bring an end to this matter, insert in lieu thereof the following: have my way about everything and I this is the only logical way it can now That this Act may be cited as the "United feel that the time has come when we be handled. States Commission on Civil Rights Act of 1983". have to compromise and get the-- As I said, it is not my preference, The PRESIDING OFFICER. If the but, on the other hand, I feel it is the ESTABLISHMENT OF COMMISSION Senator from North Carolina will way to solve it and I think we better SEC. 2. (a) There is established a Commis- withhold, how much time has the Sen- go forward with it. Therefore, I favor sion on Civil Rights (hereafter in this Act referred to as the "Commission"). ator yielded for himself? He is on the it. (b)(1) The Commission shall be composed time now that was allotted to this Mr. President, I now yield to the dis- of eight members. Not more than four of measure. tinguished Senator from Pennsylvania the members shall at any one time be of the Mr. STEVENS. It has not been who will briefly explain the amend- same political party. Members of the Com- granted yet. ment. mission shall be appointed as follows: 32008 CONGRESSIONAL RECORD-SENATE November 10, 1983 (A) four members of the Commission shall have the answer annexed to the Commis- COMPENSATION OF MEMBERSOF THE be appointed by the President; sion report shall be limited only by the COMMISSION (B) two members of the Commission shall Commission's power to except from the SEC. 4. (a) Each member of the Commis- be appointed by the President pro tempore answer such matter as it determines has sion who is not otherwise in the service of of the Senate, upon the recommendations been inserted scandalously, prejudiciously the Government of the United States shall of the Majority Leader and the Minority or unnecessarily. receive a sum equivalent to the compensa- Leader, and of the members appointed not (f) Except as provided in this section and tion paid at level IV of the Federal Execu- more than one shall be appointed from the section 6(f) of this Act, the Chairman shall tive Salary Schedule, pursuant to section same political party; and receive and the Commission shall dispose of 5315 of title 5, United States Code, prorated (c) two members of the Commission shall requests to subpena additional witnesses. on a daily basis for each day spent in the be appointed by the Speaker of the House (g) No evidence or testimony or summary work of the Commission, shall be paid of Representatives upon the recommenda- of evidence or testimony taken in executive actual travel expenses, and per diem in lieu tions of the Majority Leader and the Minor- session may be released or used in public of subsistence expenses when away from his ity Leader, and of the members appointed sessions without the consent of the Commis- usual place of residence, in accordance with not more than one shall be appointed from sion. Whoever releases or uses in public section 5703 of title 5 of the United States the Commission the same political party. without the consent of Code. taken in execu- (2) The term of office of each member of such evidence or testimony (b) Each member of the Commission who be fined not more than the Commission shall be six years; except tive session shall is otherwise in the service of the Govern- for not more than one that (A) members first taking office shall $1,000 or imprisoned ment of the United States shall serve with- year. serve as designated by the President, subject out compensation in addition to that re- In the discretion of the Commission, to the provisions of paragraph (3), for terms (h) ceived for such other service, but while en- witnesses may submit brief and pertinent of three years, and (B) any member ap- gaged in the work of the Commission shall sworn statements in writing for inclusion in pointed to fill a vacancy shall serve for the be paid actual travel expenses, and per diem the record. The Commission shall determine remainder of the term for which his prede- in lieu of subsistence expenses when away the pertinency of testimony and evidence cessor was appointed. from his usual place of residence, in accord- shall designate terms of adduced at its hearings. (3) The President ance with subchapter I of chapter 57 of title appointed under paragraph (i) Every person who submits data or evi- members first 5 of the United States Code. (2) so that two members appointed under dence shall be entitled to retain or, on pay- clauses (B) and (C) of paragraph (1) and two ment of lawfully prescribed costs, procure a DUTIES OF THE COMMISSION members appointed under clause (A) of copy or transcript thereof, except that a SEc. 5. (a) The Commission shall- paragraph (1) are designated for terms of witness in a hearing held in executive ses- (1) investigate allegations in writing under three years and two members appointed sion may for good cause be limited to in- oath or affirmation that certain citizens of under clauses (B) and (C) of paragraph (1) spection of the official transcript of his tes- the United States are being deprived of and two members appointed under clause timony. Transcript copies of public sessions their right to vote and have that vote count- (A) of paragraph (1) are designated for may be obtained by the public upon the ed by reason of their color, race, religion, terms of six years. No more than two per- payment of the cost thereof. An accurate sex, age, handicap, or national origin; which sons of the same political party shall be des- transcript shall be made of the testimony of writing, under oath or affirmation, shall set ignated for three year terms. all witnesses at all hearings, either public or forth the facts upon which such belief or (c) The President shall designate a Chair- executive sessions, of the Commission or of beliefs are based; man and a Vice Chairman from among the any subcommittee thereof. (2) study and collect information concern- Commission's members with the concur- (j) A witness attending any session of the ing legal developments constituting discrim- fees and rence of a majority of the Commission's Commission shall be paid the same ination or a denial of equal protection of in the courts members. The Vice Chairman shall act in mileage that are paid witnesses the laws under the Constitution because of Mileage payments the place and stead of the Chairman in the of the United States. race, color, religion, sex, age, handicap, or be tendered to the witness upon serv- absence of the Chairman. shall national origin or in the administration of (d) The President may remove a member ice of a subpena issued on behalf of the justice; Commission or any subcommittee thereof. of the Commission only for neglect of duty (3) appraise the laws and policies of the (k) The Commission shall not issue any or malfeasance in office. Federal Government with respect to dis- Commission shall subpena for the attendance and testimony (e) Any vacancy in the crimination or denials of equal protection of its powers and shall be filled in of witnesses or for the production of written not affect the laws under the Constitution because of the same manner, and subject to the same or other matter which would require the race, color, religion, sex, age, handicap, or limitation with respect to party affiliation presence of the party subpenaed at a hear- national origin or the administration of jus- as the original appointment was made. ing to be held outside of the State wherein tice; (f) Five members of the Commission shall the witness is found or resides or is domi- (4) serve as national clearinghouse for in- constitute a quorum. ciled or transacts business, or has appointed an agent for receipt of service of process formation in respect to discrimination or de- RULESOF PROCEDURE OF THE COMMISSION nials of equal protection of the laws because HEARINGS except that, in any event, the Commission may issue subpenas for the attendance and of race, color, religion, sex, age, handicap, or days prior to the SEC. 3. (a) At least thirty testimony of witnesses and the production national origin, including but not limited to the Com- commencement of any hearing, of written or other matter at a hearing held the fields of voting, education, housing, em- mission shall cause to be published in the within fifty miles of the place where the ployment, the use of public facilities, and notice of the date on Federal Register witness is found or resides or is domiciled or transportation, or in the administration of the which such hearing is to commence, transacts business or has appointed an justice; and at which it is to be held and the sub- place agent for receipt of service of process. (5) investigate allegations, made in writing ject of the hearing. The Chairman, or one (1) The Commission shall separately state and under oath or affirmation, that citizens at a designated by him to act as Chairman and currently publish in the Federal Regis- of the United States are unlawfully being hearing of the Commission, shall announce ter (1) descriptions of its central and field accorded or denied the right to vote, or to the subject of the in an opening statement organizations including the established have their votes properly counted, in any hearing. places at which, and methods whereby, the election of the Presidential electors, Mem- (b) A copy of the Commission's rules shall public may secure information or make re- bers of the United States Senate, or the be made available to any witness before the quests; (2) statements of the general course House of Representatives, as a result of any to Commission, and a witness compelled and method by which its functions are patterns or practice of fraud or discrimina- before the Commission or required appear channeled and determined, and (3) rules tion in the conduct of such election. to produce written or other matter shall be adopted as authorized by law. No person (b) Nothing in this or any other Act shall served with a copy of the Commission's shall in any manner be subject to or re- be construed as authorizing the Commis- rules at the time of service of the subpena. quired to resort to rules, organization, or sion, its Advisory Committees, or any person * * * * * procedure not so published. under its supervision or control to inquire file such answer. Each answer shall plainly (m) The provisions of subchapter II of into or investigate any membership prac- and concisely state the facts and law consti- chapter 5 of title 5 of the United States tices or internal operations of any fraternal tuting the person's reply or defense to the Code, relating to administrative procedure organization, any college or university fra- charges or allegations contained in the and freedom of information, shall, to the ternity or sorority, any private club or any report. Such answer shall be published as extent not inconsistent with this section, religious organization. an appendix to the report. The right to apply to the Commission established under (c) The Commission shall submit reports answer within these time limitations and to this Act. to the Congress and the President at such November 10, 1983 CONGRESSIONAL RECORD-SENATE 32009 times as the Commission, the Congress or services are compensated by the United Rights Act of 1957 which were in effect on the President shall deem desirable. States. September 30, 1983, until modified by the (d) As used in this section, the term (c) The Commission may constitute such Commission in accordance with applicable "handicap" means, with respect to an indi- advisory committees within States as it law. vidual, a circumstance that would make that deems advisable, but the Commission shall (3) The Commission shall make arrange- individual a handicapped individual as de- constitute at least one advisory committee ments for the transfer of all files, records, fined in the second sentence of section 7 (6) within each State composed of citizens of and balances of appropriations of the Com- of the Rehabilitation Act of 1973 (29 U.S.C. that State. The Commission may consult mission on Civil Rights as established by 706(6)). with governors, attorneys general, and the Civil Rights Act of 1957 to the Commis- (e) Nothing in this or any other Act shall other representatives of State and local gov- sion established by this Act. ernments and private organizations, as it be construed as authorizing the Commis- AUTHORIZATION OF APPROPRIATIONS sion, its Advisory Committees, or any person deems advisable. under its supervision or control to appraise, (d) Members of the Commission, and SEC. 7. There are authorized to be appro- or to study and collect information about, members of advisory committees constituted priated $12,180,000 for the fiscal year 1984, laws and policies of the Federal Govern- pursuant to subsection (c) of this section, and such sums as may be necessary for each ment, or any other governmental authority shall be exempt from the operation of sec- succeeding fiscal year ending prior to Octo- in the United States, with respect to abor- tion 203, 205, 207, 208, and 209 of title 18 of ber 1, 1989. tion. the United States Code. TERMINATION (f) The Commission shall appraise the (e) All Federal agencies shall cooperate SEC. 8. The provisions of this Act shall ter- fully with the Commission to the end that it laws and policies of the Federal Govern- minate 6 years after its date of enactment. may effectively carry out its functions and ment with respect to denials of equal pro- Mr. SPECTER. Mr. President, I tection of the laws under the constitution duties. shall be brief. As outlined involving Americans who are members of (f) The Commission, or on the authoriza- by the dis- eastern- and southern-European ethnic tion of the Commission any subcommittee tinguished majority leader, the distin- groups and shall report its findings to the of two or more members, at least one of guished Senator from Kansas, and the Congress. Such reports shall include an whom shall be of each major political party, distinguished chairman of the Judici- analysis of the adverse consequences of af- may, for the purpose of carrying out the ary Committee, this is a compromise firmative action programs encouraged by provisions of this resolution, hold such hearings and act at such times and places as that has been worked out after very the Federal Government upon the equal op- substantial negotiations. It combines portunity rights of these Americans. the Commission or such authorized subcom- mittee may deem advisable. Subpenas for in equal measure two proposals: The POWERS OF THE COMMISSION the attendance and testimony of witnesses first, a Civil Rights Commission ap- SEC. 6. (a)(l) There shall be a full-time staff or the production of written or other matter pointed by the Congress and the director for the Commission who shall be may be issued in accordance with the rules second, a Civil Rights Commission ap- appointed by the President with the concur- of the Commission as contained in section 3 pointed by the President. It is done in rence of a majority of the Commission. (j) and (k) of this Act, over the signature of order to accommodate a variety of in- (2)(A) Effective November 29, 1983, or on the Chairman of the Commission or of such the date of enactment of this Act, which- subcommittee, and may be served by any terests and to permit a Commission ever occurs first, all employees (other than person designated by such Chairman. The which may retain those who have the staff director and the members of the holding of hearings by the Commission, or served on the Commission. Commission) of the Commission on Civil the appointment of a subcommittee to hold The PRESIDING OFFICER. All of Rights are transferred to the Commission hearings pursuant to this subparagraph, the time of the Senator from Pennsyl- established by section 2(a) of this Act. must be approved by a majority of the Com- vania has expired. (B) Upon application of any individual mission, or by a majority of the members Mr. SPECTER. Mr. President, I ask (other than the staff director or a member present at a meeting at which at least a consent that the time be of the Commission) who was a employee of quorum of five members is present. unanimous the Commission on Civil Rights established (g) In case of contumacy or refusal to extended for a period not to exceed 10 by the Civil Rights Act of 1957 on Septem- obey a subpena, any district court of the additional minutes. ber 30, 1983, the Commission shall appoint United States or the United States court of The PRESIDING OFFICER. Is such individual to a position the duties and any territory or possession, or the District there objection? Is this time equally responsibilities of which and the rate of pay Court of the United States for the District divided? for which, are the same as the duties, re- of Columbia, within the jurisdiction of Mr. LONG. I object. sponsibilities and rate of pay of the position which the inquiry is carried on or within Mr. JOHNSTON. Reserving the held by such employee on September 30, the jurisdiction of which said person guilty 1983. of contumacy or refusal to obey is found or right to object, what was the request? (c)(i) Notwithstanding any other provision resides or is domiciled or transacts business, Mr. SPECTER. The request is for of law, employees transferred to the Com- or has appointed an agent for receipt of unanimous consent for 10 additional mission under subparagraph (A) shall retain service of process, upon application by the minutes. all rights and benefits to which they were Attorney General of the United States shall Mr. LONG. Mr. President, I object. entitled or for which they were eligible im- have jurisdiction to issue to such person an The PRESIDING OFFICER. Objec- mediately prior to their transfer to the order requiring such person to appear tion is heard. Commission. before the Commission or a subcommittee Mr. BAKER. Mr. President, has the (ii) Notwithstanding any other provision thereof, there to produce pertinent, rele- of law, the Commission shall be bound by vant and nonprivileged evidence if so or- time expired? those provisions of title 5. United States dered, or there to give testimony touching The PRESIDING OFFICER. The Code, to which the Commission on Civil the matter under investigation; and any fail- time has expired; 5 minutes has ex- Rights established by the Civil Rights Act ure to obey such order of the court may be pired. of 1957 was bound. punished by said court as a contempt there- Mr. BAKER. Mr. President, I (3) Within the limitation of its appropria- of. wonder if the Senator from Delaware tions, the Commission may appoint such (h) Without limiting the application of would yield some time? other personnel as it deems advisable, in ac- any other provision of this Act, each Mr. BIDEN. I want to make sure cordance with the civil service and classifi- member of the Commission shall have the cation laws, and may procure services as au- power and authority to administer oaths or that the Senator from North Carolina thorized by section 3109 of title 5, United take statements of witnesses under affirma- gets some time. I am impressed with States Code, but at rates for individuals not tion. the explanation so far. I think it has in excess of the daily equivalent paid for po- (i)(1) The Commission shall have the been fully explained. I would like to sitions at the maximum rate for GA-15 of power to make such rules and regulations as hear the opposition and move on is the General Schedule under section 5332 of are necessary to carry out the purposes of what I would like to do. title 5, United States Code. this Act. I yield all my time to the Senator (b) The Commission shall not accept or (2) To the extent not inconsistent with from North Carolina because he is utilize services of voluntary or uncompen- the provisions of this Act, the Commission sated personnel, and the term "whoever" as established by section 2(a) of this Act shall such a good fellow. used in subsection (g) of section 3 hereof be bound by all rules issued by the Civil The PRESIDING OFFICER. The shall be construed to mean a person whose Rights Commission established by the Civil Senator from North Carolina. 32010 CO NGRESSIONAL RECORD-SENATE November 10, 1983 Mr. EAST. I appreciate the kind re- that off, we have seen a lot of back- ponents, in response to the firings, marks of the Senator from Delaware. room backing and filling, trying to re- wanted to remove the Commission en- How much time do we now have? structure, reorganize this Commission tirely from the executive branch and The PRESIDING OFFICER. The so the President cannot do that. make it a Congressional Advisory Senator has 4 minutes and 53 seconds. Now if he has consented to do it, it is Committee, permitting congressional Mr. EAST. Time moves on quickly probably simply because he has been leaders to decide who shall sit on the and the hour is late. I shall state my advised that he does not any longer Commission. objections to this as quickly as I possi- have the votes and the support in the Earlier this week, it seemed highly bly can. Senate or the House. And that may be unlikely that the Senate would be First, I would simply point out to my correct. But I do not think on the unable to break the impasse and reau- colleagues that this is a very funda- merit and the principle of the thing it thorizing legislation, with the result mental change in the structure and or- is a sound move and in the proper di- that both sides would lose. The Com- ganization of the Civil Rights Commis- rection. mission's voice would be silenced and sion. There is no question about it. The PRESIDING OFFICER. Will none of the President's nominees First of all, the question of staggered the Senator withhold? would be given the opportunity to terms and removal only for cause, that Mr. EAST. I intend to indicate that I serve. has not been made clear at all what re- should be voting-- But we stuck with the negotiations, moval for cause would be. So what you The PRESIDING OFFICER. Will and finally came up with a proposal are going to be doing is creating really the Senator withhold? Will the Cham- which has garnered consensus sup- here a perpetual Commission for pur- ber please be in silence so the Sena- port. Under the proposal, the Presi- poses, apparently, I guess, of advising tor's remarks can be heard? dent would appoint four members: both the Senate and the White House The Senator from North Carolina. The Commission would consist of on civil rights matters. It appears to Mr. EAST. Well, the majority leader eight members. The President pro is requesting that we not have a record me that with the removal for cause, tempore of the Senate vote on it. He taxes the great patience and the which has not been explained as to Speaker of the House, upon the rec- what that would be, that in effect of the Senator from North Carolina ommendations of the congressional would be locked in for a beyond that to which he normally these persons leadership of both parties, would each of at least, I do not know what likes to be taxed. I presume it will go period Commissioners the term is as I understand it. through, then, without a record vote, appoint two members. I question the whole concept of the which I would like to have, perhaps it would be given fixed staggered 6-year need to do this. I think the Civil will, and we should start from scratch terms, and could be removed only for Rights Commission-and many things then next Monday. neglect of duty or malfeasance in are done in the name of civil rights I will consent to the majority lead- office. The Commission would be au- that do not necessarily serve the cause er's request because of the late hour, thorized for a 6-year time period. of civil rights, just like many things but I would like to indicate that in this Mr. President, this is a meticulously are done in the name of national de- voice vote I would like to be recorded crafted compromise, the culmination fense which do not necessarily serve as in opposition to this amendment, of literally hundreds of hours of effort the end of national defense. I am not and of course when the issue arises by many Members on both sides of the opposed to a sound, progressive civil again on Monday, we can pursue the aisle. It has been cosponsored by Sena- rights policy in this country. Clearly, matter in other forms of amendment. tors DOMENICI, BAKER, and THURMOND, good comes from it, from the Civil Mr. DOLE. Mr. President, as the whose efforts during the negotiation Rights Commission, generally. Members of the Senate are aware, the process were particularly instrumental I think what we are doing here in Senate Judiciary Committee spent sev- in the development of the proposal. It the few minutes that I have to speak eral weeks seeking to develop a con- has been agreed to by Senators BIDEN to it is making a fundamental alter- sensus proposal on the reauthorization and SPECTER, the principal sponsors of ation in the construction of the Com- of the Civil Rights Commission. It was the legislative Commission proposal, mission which will further politicize it apparent that there was widespread who have devoted much time and between the President and Congress. I agreement on the committee that the effort to this issue. think to create a bureaucracy for 6 life of the Commission should be ex- Moreover, I have recently spoken to years, that we will be funding, the tended. Unfortunately, the controver- the President's representatives on this Federal Government will funding, sy surrounding the President's efforts matter and they have indicated that really is unnecessary, to begin with. It to replace three of the sitting Commis- the compromise is acceptable to the is unnecessary. Certainly, the Presi- sioners with his own appointees cre- White House. And it is my understand- dent has plenty of advisers on the ated considerable disagreement with ing that the compromise has virtually matters that he can utilize. Lord regard to the form the reauthorization unanimous support in the Civil Rights knows, we have plenty of staff that we legislation should take. Community also. can utilize. As you remember, this During committee negotiations, we So it seems that at last we have Commission now is purely advisory in explored every conceivable alternative broken the impasse which has threat- character, purely advisory. in an effort to break the impasse. We ened the continued life of an agency And the fundamental cause of this discussed seven-member Commissions, which has secured for 25 years as the whole dispute is that the current eight-member Commissions, nine- Nation's civil rights conscience. I urge membership of that Commission does member Commissions. We discussed all of my colleagues to support the not want to be dismissed for cause or giving the President two of his nomi- compromise. for any other reason. They want to nees, all three of this nominees, or two Mr. President, one final note. In de- hold these jobs permanently, well nigh now, and one next year. None of the veloping this compromise proposal, indefinitely, I gather for life, some- alternatives could attract consensus some questions were raised concerning what like Supreme Court appointees, support. whether permitting Congress to ap- and like any organizational change, The President tried to break the im- point half of the Commission's mem- the fundamental problem at heart passe by firing the three Commission- bers was consitutional. On the basis of here is this question of busing, forced ers. Yet this body remained deeply di- a legal memorandum prepared by the busing, and quotas. vided. The nominees proponents then Senate office of legal counsel, the Now, the President has made a rec- wanted to pass the House-passed bill, sponsors concluded that the appoint- ommendation for three outstanding as is, which would permit the Presi- ment process provided for in the com- nominees to serve on this Commission. dent to fill the three vacancies result- promise does not violate the powers of That started the rub. In order to head ing from the firings. The nominees op- the President under article II of the November 10, 1983 CONGRESSIONAL RECORD-SENATE 32011 Constitution, as construed by the Su- Wyoming (Mr. SIMPSON), and the Sen- which was acceptable to the coalition preme Court in Buckley against Valeo. ator from Texas (Mr. TOWER) are nec- of civil rights organizations who cared Buckley involved a challenge to the essarily absent. so deeply about this matter, the White 1974 legislation creating the FEC. As I further announce that, if present House, and the various concerns of originally constituted, of the six voting and voting, the Senator from Wash- those here in the Senate. members on the FEC, two were ap- ington (Mr. EvANS) would vote "yea." The Civil Rights Commission is an pointed by the President, two by the Mr. BYRD. I announce that the invaluable institution in this country. President pro tempore, and two by the Senator from California (Mr. CRAN- It serves to remind us constantly of Speaker of the House. STON), the Senator from Connecticut the progress which still needed to be The Buckley court held that most of (Mr. DODD), the Senator from Ohio achieved in our Nation in the area of the powers conferred on the Commis- (Mr. GLENN), the Senator from Colora- discrimination and civil rights. We sion could be exercised only by officers do (Mr. HART), the Senator from have come a long way in a short period of the United States who were ap- South Carolina (Mr. HOLLINGs), the of time, but until all vestiges of racial pointed in accordance with article II. Senator from Hawaii (Mr. INOUYE), discrimination are eliminated we However, the Court explicitly re- and the Senator from Arkansas (Mr. cannot rest. We learned last year fused to invalidate those powers which PRYOR) are necessarily absent. during the reauthorization of the were essentially of an investigative I further announce that, if present Voting Rights Act that there were still and informative nature, falling in the and voting, the Senator from Califor- areas in the United States where same general category as those powers nia (Mr. CRANSTON) would vote "yea." people-citizens-are discouraged and which Congress might delegate to one The PRESIDING OFFICER. Is indeed, prevented from exercising that of its own committees, there can be no there any other Senator in the Cham- most fundamental of American question that the Commission as pres- ber who desires to vote? rights-the right to vote. ently constituted may exercise them. The result was announced-yeas 79, The Civil Rights Commission con- This ruling applies directly to the nays 5, as follows: stantly served to remind our Civil Rights Commission. As the Su- collective [Rollcall Vote No. 355 Leg.] conscience that this discrimination preme Court recognized in Hannah YEAS-79 still exisited despite against Larche, the Commission's our best efforts to Abdnor Gorton Nunn outlaw it. The Civil Rights Commis- functions are purely investigative and Andrews Grassley Packwood fact-finding. The only purpose of its Armstrong Hatch Pell sion has had a regional office in Chica- existence is to find facts which may Baker Hatfield Percy go. I know those people to be dedicat- Baucus Hawkins Pressler ed public servants. subsequently be used as a basis for leg- Bentsen Hecht Proxmire islative or executive action. Biden Heflin Quayle They have performed their duties In addition, the Commission's subpe- Bingaman Heinz Randolph and responsibilities in a manner which Boren Huddleston Riegle brings great credit to the Commission. na powers do not undermine the con- Boschwitz Jepsen Roth stitutionality of the appointment proc- Bradley Johnston Rudman I am obviously pleased to see these ess. It is true that the Court in Buck- Bumpers Kassebaum Sarbanes good people retained in their jobs. ley struck down the FEC's authority Burdick Kasten Sasser Frankly, Mr. President, I deeply Byrd Kennedy Specter regret that there was ever a question to bring civil actions to enjoin acts or Chafee Lautenberg Stafford practices which violated the campaign Chiles Leahy Stennis about the future of the Civil Rights law. However, the Court specifically Cochran Levin Stevens Commission. The divisiveness and poli- Cohen Long Thurmond ticalization which developed over this noted that the Commission's authority D'Amato Lugar Trible to bring such civil action does not re- Danforth Mathias Tsongas issue was, I believe, avoidable. The quire the concurrence of participation DeConcini Matsunaga Wallop fact that we have been able to come Denton Mattingly Warner back from all that and still craft a of the Attorney General. In contrast, Dixon Melcher Weicker the Commission can enforce its subpe- Dole Metzenbaum Wilson measure acceptable to all of those who nas only through application to the Eagleton Mitchell Zorinsky had an interest is, as I said previously, Attorney General. It has no powers of Exon Moynihan a great tribute to the people most ac- Ford Nickles its own to bring a civil action for en- tively involved. I was a sponsor of the forcement. NAYS-5 Specter bill and was prepared to sup- The PRESIDING OFFICER. The East Helms Symms port an independent congressional question is on agreeing to the amend- Garn Humphrey commission. However, I always felt ment. NOT VOTING-16 that that was the least desirable alter- Mr. HELMS. Mr. President, I ask for Cranston Goldwater Murkowski native. the yeas and nays. Dodd Hart Pryor I urge all my colleagues to support The PRESIDING OFFICER. Is Domenici Hollings Simpson this legislation. Durenberger Inouye Tower there a sufficient second? There is a Evans Laxalt * Mr. DOMENICI. Mr. President, I sufficient second. Glenn McClure am pleased to be a principle coauthor The yeas and nays were ordered. So the amendment (No. 2586) was of the compromise offered tonight by The PRESIDING OFFICER. The agreed to. the Senator from Kansas, Senator question is on agreeing to the amend- Mr. BIDEN. Mr. President, I move to DOLE, Senator BIDEN, and others. ment of the Senator from Pennsylva- reconsider the vote. This delicate compromise was forged nia. The yeas and nays have been or- Mr. SPECTER. I move to lay that after many hours of consultation with dered and the clerk will call the roll. motion on the table. members of the civil rights communi- The assistant legislative clerk called The motion to lay on the table was ty, the White House, and Members of the roll. agreed to. Congress. I believe it is a good compro- Mr. STEVENS. I announce that the Mr. PERCY. Mr. President, I rise to mise, one that offers full hope that Senator from New Mexico (Mr. Do- support the compromise agreement the great work of the Civil Rights MENICI), the enator from Minnesota just reached on the legislation to reau- Commission can continue uninterrupt- (Mr. DURENBERGER), the Senator from thorize the Civil Rights Commission. ed. Washington (Mr. EVANS), the Senator The entire Senate owes a tremendous The compromise offered tonight es- from Arizona (Mr. GOLDWATER), the debt of gratitude to Senators DOLE, tablishes an eight-member Commis- Senator from Nevada (Mr. LAXALT), SPECTER, BIDEN, BAKER, and the others sion, with four members to be appoint- the Senator from Idaho (Mr. involved in reaching this agreement. ed by the President and four members McCLURE), the Senator from Alaska Negotiations took place all day today by the Congress. Both the President (Mr. MURKOWSKx), the Senator from in order to put together a package and Congress can appoint no more 32012 CO NGRESSIONAL RECORD-SENATE November 10, 1983 than two members of the Commission sus would be essential to preserve an FURTHER CONTINUING from the same political party. In addi- independent Commission and that APPROPRIATIONS, 1984 tion, in the Congress, equal input will that consensus would eventually The Senate continued with the con- come from the majority and minority emerge. I am gratified that it has sideration of the joint resolution. leaders in the Senate and the House, come to pass this evening. as well as the Speaker of the House The consensus we have reached will AMENDMENT NO. 2585 and the President pro tempore of the create a Commission that will be con- Mr. WILSON. Mr. President, I send Senate. stituted as follows: an amendment to the desk amending The measure provides a 6-year au- Eight Commissioners, four from the the amendment of the Senator from thorization and staggered terms for Congress and four by the President Louisiana and ask for its immediate Commissioners, with removal only for equally divided by party. consideration. cause. This should establish clear The four appointed by Congress will The PRESIDING OFFICER. The ground rules for the Commission in be equally divided by party with two amendment will be stated. the future. appointed by the Speaker upon the The assistant legislative clerk read In addition, the President will ap- recommendation of the majority and as follows: point the Staff Director, Chairman, minority leaders of the House and two The Senator from California (Mr. and Vice Chairman of the Commis- appointed by the President pro tempo- WILSON) proposes an amendment numbered sion, with majority concurrence of the re of the Senate, upon the recommen- 2585. Commission membership. Finally, the dation of the majority and minority Mr. WILSON. Mr. President, I ask compromise provides protection for leaders of the Senate. unanimous consent that further read- current Commission personnel and The Commission will have a 6-year ing of the amendment be dispensed their benefits. authorization and Commissioners will with. to I congratulate all who were party serve in staggered terms, eventually The PRESIDING OFFICER. Is hun- this compromise. It took literally for 6-year terms. there objection? The Chair hears dreds of hours of negotiation. In the The President may only remove none, and it is so ordered. final analysis, I believe that this com- Commissioners for cause and the The amendment is as follows: promise will serve the cause of civil Direc- In lieu of the language proposed, insert: rights to which all of us are commit- President will appoint the Staff sub- "Upon application, prior to January 1, ted.e tor, Chairman and Vice Chairman ject to the concurrence of the majori- 1984, by a subsidized U.S.-flag liner compa- Mr. KENNEDY. Mr. President, for ny holding a written option to purchase exe- months, the Senate has struggled to ty of the Commissioners. cuted prior to November 16, 1983, the Secre- save the Civil Rights Commission from The Commission will retain all of tary of Transportation shall permit the ac- a President who has seemed deter- the powers and duties of the current quisition of no more than 4 foreign-built mined to destroy it. Time and again Commission which is now in its 60-day vessels for operation under U.S. flag. Upon the President has blocked efforts to wind-down period and which will application by a subsidized U.S.-flag liner achieve a reasonable compromise that expire on November 29. company which has taken delivery from Throughout the past 5 months, U.S. shipyards of new U.S.-built liner vessels would assure an independent, func- that were introduced into subsidized service tioning, and effective Commission. Fi- those of us who have been attempting to reach an accommodation have been within the two years preceding the date of nally, the President attempted to fire enactment of this Act, the Secretary of three Commissioners, a slap in the searching for the correct balance be- Transportation shall permit the acquisition face of all those in Congress who have tween the need for independence on of no more than two foreign-built vessels for labored to find an acceptable approach the one hand and the President's operation under U.S. flag. Upon acquisition to continuing the Commission as well desire to create greater balance. Un- and documentation under the laws of the as the 25-year history of independence fortunately that process was set back United States, these vessels shall be deemed to have been United States built for pur- under Presidents of both parties. several weeks by the firings, but I be- lieve that the amendment we will vote poses of Title VI of the Merchant Marine Tonight, at last we have reached Act, 1936, as amended, Section 901(b) of said agreement on a proposal that will pre- on this evening strikes the correct bal- Act, and Chapter 37 of Title 46, United serve the integrity and independence ance and in essence re-creates a com- States Code. Section 607 of the Merchant of the Commission. I applaud the mission with both independence and Marine Act, 1936, as amended, shall not effort of the many Senators who balance which is every bit as good as apply to the vessels acquired or converted worked to make this possible. the proposal the Judiciary Committee under this Act." An independent Commission is a was about to adopt on the morning of Mr. WILSON. Mr. President, what I vital component of our national civil the firings. am seeking to do is bring about a cer- rights effort-undertaking factfinding In the end none of this would have tain amount of equity. I rise not to and oversight of Federal agencies and been possible without the help of oppose the amendment offered by the the President, and making forwarding many of my colleagues both on and off Senator from Louisiana. thinking recommendations that will the committee. First, the Senator I understand the problem that is help shape and advance civil rights in from Pennsylvania has been tireless in faced by his constituent industry in the years to come. his labors to keep this effort alive Louisiana. In California, the American I am pleased that, with the adoption throughout the past few months. The President Line is in a similar position of this amendment, the Commission's Senator from Maryland has provided as that of the Lykes Co. in connection essential work can continue to go for- me with wise counsel. The chairman with the window of opportunity, and ward. of the committee has patiently worked in the same fashion as others. Mr. BIDEN. Mr. President, for more with us to keep the possibility of com- What we are asking now is that two than 5 months, Members of this body, promise alive in the committee. The foreign-built vessels be permitted to be expecially those of us on the Judiciary majority leader did the same for us purchased by the American President Committee, have been at work at- here on the floor of the Senate. The Line; that they be subject to whatever tempting to forge a bipartisan consen- Senator from Kansas was critical to restrictions the Senator from Virginia sus on the best and most widely ac- our finally forging an arrangement ac- and others may offer who are con- ceptable way to extend the life and in- ceptable to the White House. cerned with the well-being of U.S. dependence of the Civil Rights Com- On the Democratic side none of this shipyards. mission. Although there have been would have been possible without the The simple equity I am seeking here times during the last few months support of the Senator from Massa- has to do with the fact that by acquisi- when we all were discouraged, chusetts, the Senator from Ohio and tion of foreign vessels, other similar throughout, I felt that such a consen- the Senator from Texas. carriers in competition with Lykes and November 10, 1983 CONGRESSIONAL RECORD-SENATE 32013 with the American President Line gain Mr. TRIBLE. I yield to the Senator Mr. TRIBLE. I insist, and the Sena- a competitive advantage. It necessarily from Louisiana. tor is a gentleman to agree to the word affects their rates. I am suggesting Mr. JOHNSTON. Mr. President, I "shall." that there should be simple equity and believe the Senator from Virginia and Mr. JOHNSTON. Mr. President, I that in accordance with the opportuni- I have worked out our differences with ask that the amendment be changed ty being sought by the Senator from respect to the underlying amendment. to "shall." Louisiana for the Lykes Co., we are I ask unanimous consent that I be per- The PRESIDING OFFICER. The seeking a similar opportunity for the mitted at the end of the phrase amendment is so modified. American President Line. "United States flag", which is in the The amendment, as modified, is as Mr. TRIBLE. Mr. President, I am sixth line, to strike the period and add follows: not unsympathetic to the concerns of the following: "and may require the At the end of the joint resolution, insert: the Senator from Louisiana about the conversion of two vessels in a U.S. SEC. . Upon application, prior to Janu- employment of his constituents. But shipyard". ary 1, 1984, by a subsidized U.S.-flag liner this is not the hour to discuss this The rest of it remains the same. company holding a written option to pur- amendment, and this is not the proper The PRESIDING OFFICER. The chase executed prior to November 16, 1983, vehicle for such a discussion. Senator has the right to modify his the Secretary of Transportation shall Once you make that exception for amendment, if he will send the modifi- permit the acquisition of no more than 4 one company then you open the door cation to the desk. foreign-built vessels for operation under for everyone to run through. Quite Mr. TRIBLE. I say to the Senator U.S. flag and shall require the conversion of that I am troubled two vessels in a U.S. shipyard. Upon acquisi- properly, the Senator from California with the word tion and documentation under the laws of rises in support of his own constitu- "may." It has to be stronger than that. the United States, these vessels shall be ents interests and proposes an amend- Mr. JOHNSTON. I am troubled by deemed to have been United States built for ment to the amendment. the two ships as well. I think we have purposes of Title VI of the Merchant Let me take just a moment to put to compromise. Marine Act, 1936, as amended, Section this matter in perspective. The corner- The PRESIDING OFFICER. Will 901(b) of said Act and Chapter 37 of Title stone of American maritime policy has the Senator from Louisiana please 46, United States Code. been that shipping companies that re- send the modification to the desk? Mr. TRIBLE. Now, Mr. President, ceive operating subsidies must build Mr. JOHNSTON. Yes, Mr. Presi- there is one other unfinished piece of ships in the United States. There was dent. business, and I would yield to the Sen- an exception made to this longstand- The PRESIDING OFFICER. The ator from California. ing policy during fiscal year 1982 and amendment is so modified. Mr. WILSON. I thank my friend companies receiving operational subsi- Mr. TRIBLE. Mr. President, I yield from Virginia. dies from the Federal Government to my distinguished colleague from Mr. President, the amendment that were permitted to go outside the Virginia. I have at the desk is one which I now United States and build or buy ships. Mr. WARNER. Mr. President, when modify, having not yet asked for the That window of opportunity has now I had the opportunity to discuss this yeas and nays. passed. possible compromise with our two dis- The effect of the amendment would Regrettably, the shipping interests tinguished colleagues from Louisiana, be to add to my perfecting amendment represented by these amendments did it was my impression that it would be the same language to which the Sena- not take full advantage of that window a requirement on behalf of the Secre- tor from Louisiana has just agreed as of opportunity, and we are now being tary and the word "shall," was my un- an addition to his. It is the phrase asked to give them special treatment. derstanding and the one that I com- "and shall require the conversion of This is private legislation and ought to municated to my colleague from Vir- such ships in a U.S. shipyard." be rejected. ginia. If that is not the case, then I The PRESIDING OFFICER. The Mr. President, companies such as was mistaken in transmitting to him amendment is so modified. Lykes, which have ODS contracts with the possibility of a compromise. Mr. WILSON. Let me add one other the Government, have agreed to build Mr. JOHNSTON. Mr. President, thing. In order to accord with the un- new vessels in American shipyards. No when I spoke to the distinguished Sen- derlying amendment offered by the one forced them to make that agree- ator, he first said, "We ought to work Senator from Louisiana, the amend- ment, but they have done so, in return this out. Gives us anything, give us ment at the desk contains one sen- for the taxpayers' dollars that have one ship." tence which has been stricken from flowed into their corporate coffers for I said, "OK, I do not think we ought his, that is, the last sentence begin- many years. Now we are being asked to, because my people are out there. ning with "Section 607 of the Mer- to make an exception for them. They cannot afford it. They lost $21 chant Marine Act" and ending with Mr. President, I am advised that the million last year." "concerted under this act." That final majority leader would like to have the He said "OK, one ship." Came back sentence should be stricken. floor, and I yield to him for that pur- and said, "No, we need two ships." I The PRESIDING OFFICER. Would pose. wrote down the word, "may." This the Senator please send the modifica- Mr. BAKER. I thank the Senator. gives authority to the Secretary of tion to the desk? The PRESIDING OFFICER. The Transportation. The amendment, as modified, is as Chair states that if we can keep the The Secretary of Transportation can follows: sound down, it will be a blessing, so require it if they can afford it, and I In lieu of the language proposed, insert: that we can hear. think that is sufficient. I hope the Upon application, prior to January 1, Mr. BAKER. Not always a blessing. Senators will take that. 1984, by a subsidized U.S.-flag liner compa- The PRESIDING OFFICER. Almost Mr. TRIBLE. Mr. President, reclaim- ny holding a written option to purchase exe- always. ing my time, I must oppose the amend- cuted prior to November 16, 1983, the Secre- (At this point proceedings relating to ment in its present form. I apologize tary of Transportation shall permit the ac- the Civil Rights Commission Act oc- to my colleagues for the extended quisition of no more than 4 foreign-built curred, which we printed earlier in debate on this particular issue, but let vessels for operation under U.S. flag. Upon today's RECORD.) me reframe this issue because of the application, prior to January 1, 1984, by a subsidized U.S.-flag liner company which The PRESIDING OFFICER. The interruption of the floor. has taken delivery from U.S. shipyards of Senator from Virginia has the floor. Mr. JOHNSTON. Mr. President, if new U.S.-built liner vessels that were intro- Mr. TRIBLE. I thank the Chair. the Senator will yield, if the Senator duced into subsidized service within the two Mr. JOHNSTON. Mr. President, will insists on "shall," I will make it years preceding the date of enactment of the Senator yield? "shall." I hope he will not insist. this Act, the Secretary of Transportation 32014 CONGRESSIONAL RECORD-SENATE November 10, 1983 shall permit the acquisition of no more than by the Defense Subcommittee in terms being added to a continuing resolution, two foreign-built vessels for operation under of succeeding years. a bill that would have to be passed in a U.S.-flag, and shall require the conversion The PRESIDING OFFICER. The matter of hours, resolved in confer- of such ships in a U.S. shipyard. Upon ac- question is on agreeing to the amend- ence quickly, and hopefully the Presi- quisition and/or construction and documen- ment of the Senator from Louisiana. tation under the laws of the United States, dent would sign it. those vessels shall be deemed to have been Mr. JOHNSTON. Mr. President, the Well, here it is before us, and it has United States built for purposes of Title VI Senator is for the amendment, been here before us since 8 o'clock. of the Merchant Marine Act, 1936, as though? There has been precious little debate amended, Section 901(b) of said Act, and Mr. STEVENS. Yes. on it and, frankly, I do not recommend Chapter 37 of Title 46, United States Code. So Mr. JOHNSTON'S amendment (No. debate on this floor on such a compli- Mr. TRIBLE. Mr. President, I am 2584), as modified, was agreed to. cated matter unless we have the opin- pleased that my colleagues have Mr. JOHNSTON. Mr. President, I ion of a committee and figures before shown a willingness to meet the con- move to reconsider the vote by which us from both the administration and was agreed to. cerns that I have expressed about this the amendment the Congressional Budget Office that amendment. I am troubled about any Mr. HATFIELD. I move to lay that motion on the table. have been thoroughly worked out and exception to the law of the land that thoroughly understood. It is fair to requires shipping companies operating The motion to lay on the table was agreed to. say the administration does not like ships and receiving subsidies to build the bill at all. They do say it is rather AMENDMENT NO. 2569 their ships in American shipyards. complicated. They are not too sure of The PRESIDING OFFICER. The However, given the special circum- what it would do. They think it would stances outlined here, it seems appro- question now recurs on the amend- ment of the Senator from Ohio. cost $130 million for the first year and priate to grant an exception where some additional moneys thereafter. that exception is conditioned on the Mr. MELCHER addressed the Chair. The PRESIDING OFFICER. The Now, I do not want to apply such a requirement that ships be refitted in procedure on some form of dealing American shipyards. That require- Senator from Montana is recognized. Mr. MELCHER. Mr. President, this with these high-priced timber con- ment has now been agreed to by the tracts that the forest products compa- Senators from Louisiana and Califor- amendment of the Senator from Ohio has been before us for some time. I nies cannot afford to harvest the nia. We have struck an agreement that think it was around 8 o'clock that it timber on. is fair to the taxpayers, the shipping I wish it were packaged in a way importantly, to was presented. companies, and, most After consultation with the chair- that I could thoroughly understand it shipbuilding in- America's struggling man of the Appropriations Committee and that I would have the judgment of dustry. and others on both sides of the aisle, I not just the administration but the So, Mr. President, I am no longer op- believe it is time to clear the air on candid and personal examination and posed to this amendment. just where this amendment is going to opinion of the U.S. Forest Service. We The PRESIDING OFFICER. The end up. do not have that in this instance. We question is on agreeing to the amend- The timber contract termination in- do not have any of it. ment of the Senator from California. volved in this amendment is an ex- I want to remind all Senators that a So Mr. WILSON'S amendment (No. tremely complicated arrangement. complicated method of terminating 2585), as modified, was agreed to. There is no simple way to describe this these contracts as is proposed in this Mr. HATFIELD. Mr. President, I amendment except that the termina- amendment would be chaotic for the vote by which move to reconsider the tion of percentages of contract by vari- Forest Service, and I have a great deal the amendment was agreed to. ous companies in various positions of sympathy for them. Mr. STEVENS. I move to lay that throughout the United States is not Mr. SYMMS. Mr. President, will the motion on the table. one that can be quickly understood Senator yield? The motion to lay on the table was and comprehended on this Senate Mr. MELCHER. I yield. agreed to. floor. We are at a great disadvantage. Mr. SYMMS. I ask the Senator if he The PRESIDING OFFICER. The The amendment has not had hearings question now recurs on the amend- does not think and agree-and I know before any committee in the Senate. that the administration thinks this- ment of the Senator from Louisiana, The amendment deals with timber that this particular amendment is as amended. contracts for an ailing industry that The Senator from Alaska is recog- going to be very complicated to admin- varies from one region to the other ister. nized. across a whole spectrum of sizes of For one example, who is going to de- Mr. STEVENS. Mr. President, as companies involved. termine what the net worth of a com- chairman of the Merchant Marine Now, I did not believe the amend- Subcommittee, I kept out of the ment would be offered this evening. In pany is? recent dialog. I just want to point out fact, I scoffed at the idea that a com- I think the Senator is right. If we to the Members that this is not a very plicated timber contract termination are trying to solve that question here, good way to write merchant marine would be thrown out on the floor on a late at night, I think it would be much legislation, and I do not consider what bill that must be passed tonight or more appropriate to go ahead with has just happened as a precedent in this morning. I advised the timber in- what the administration has done with any way. The Defense bill we have dustry in the State of Montana when respect to the 5-year delay on this just passed has poured billions and bil- they voiced opposition to it that I question. lions of dollars of taxpayers' money could not see any possibility of such a There is no question that those into the shipyards. I think it was not bill. timber sales contracts that were bid on proper to require the foreign-built The PRESIDING OFFICER. Will are not worth today what they were ships that have to be purchased in an the Senator withhold? worth the day they were bid on. The emergency to be repaired in this coun- Will Senators please cease their con- Senator from Ohio agrees that there is try in order to have the quid pro quo versations? It is difficult to hear the a problem there, and I think it would to save a dying steamship line. I want Senator from Montana. be unfortunate to try to solve this to serve notice that as far as I am con- Mr. MELCHER. I advised the timber complicated problem here tonight. I cerned it is not going to happen in industry in the State of Montana, hope this amendment will be tabled. connection with other matters, and I when they sent word to me that they Mr. MELCHER. Mr. President, what am going to remember that in terms of would oppose such an amendment if it the Senator from Idaho has said is the allocation of funds recommended were offered, that I could not see it true regarding how complicated it is. November 10, 1983 CONGRESSIONAL RECORD-SENATE 32015 I repeat that I am not adverse to comprehend why it is on this bill. It is that was ever fashioned, but the consideration and passage of a solu- on this bill because there is a time ele- timber industry feels that they can tion for the forest products industry, ment. If some action is not taken, the live with it. which is saddled with these high administration's program will go into I have not heard that the adminis- priced contracts. But I do not believe effect. It would already be in effect if tration is opposed to it; and, in all fair- that I could possibly accept this pro- we had an agreement, which we do not ness, I do not speak for the adminis- posal tonight. have, and it would have meant that tration. I said that I thought it was time to the Government would have been car- Mr. SYMMS. Mr. President, will the clear the air and that I had consulted rying $5 billion for the timber indus- Senator yield for a question? with the people on both sides of the try, with no interest, for 5 years. Mr. METZENBAUM. I yield. aisle, and I want to serve notice that I What we are saying here is that we Mr. SYMMS. Did the Senator say it do intend to offer an amendment to will give some relief to those compa- would cost $500 million to the taxpay- need it. There is a formula table, to see if we can resolve this and nies that ers in the administration's program? put it aside and go on with rest of the provided for in the legislation, and we Mr. METZENBAUM. Yes. I should like to interest-not full interest, continuing resolution. will charge Mr. SYMMS. The U.S. Forest Serv- see that happen. I do not want to fore- but a half-year's interest at the incep- ice study close anybody from mentioning what- tion, and then there will be interest in in May said $195 million. ever they want to say on this issue. the fourth and fifth years, none in the Mr. METZENBAUM. I have seen I yield the floor at this time. second and third years. That provides those figures, and I must confess that Mr. METZENBAUM. Mr. President, a pressure mechanism to get timber I do not understand how they arrive at I appreciate the courtesy of the Sena- companies to take the timber and cut those figures, because I point out that tor from Montana, who could have it. That is in the Government's inter- if there is $5 billion in contacts out made a motion to table and foreclosed est. there and you have a 1-year delay, the debate. As to the question of whether or not value of that money for 1 year at 10 I will not speak extensively, but I this is or is not acceptable to the percent, in simple mathematics, is think we should get the picture as I timber industry, let me point out that $100 million. see it. the Western Wood Products Associa- Mr. SYMMS. The question is wheth- There was legislation last year tion, which operates in Oregon and er people default and then go through which was not enacted. That legisla- Washington, has indicated its over- a legal process, and they will not get tion came about by reason of the fact whelming support for this amend- their money. that there were a number of timber ment; and the Intermountain Timber Mr. METZENBAUM. The Senator companies which were having difficul- Council, which operates in Montana, from Idaho may have a point there. I ty in meeting their responsibilities, Idaho, and Wyoming, has indicated its do not want them to default. I do not and it was claimed that some of them support for this legislation. want companies to go bankrupt. I would go bankrupt. So I believe that there will be some want the industry to be viable. I want As a consequence of that and that giveaway by permitting termination of to keep as many companies in business legislation, which I felt went too far- contracts, but it is permitted only to as is possible. it was not passed-therefore, an effort those companies that are in financial Mr. SYMMS. Mr. President, will the was made to solve the problem by ne- distress. Senator yield? gotiation. When that did not occur, The PRESIDING OFFICER. Will Mr. METZENBAUM. I only yield for the White House agreed to delay these the Senator withhold? It is difficult that question. contracts for a priod of 5 years, with for Members to hear what the Senator Mr. SYMMS. It is past midnight. I no interest. is saying, there is so much noise in the admit there is a great deal of differ- We are talking about contracts that Chamber. Will those Members who ence. But the people in my State do are worth $5 billion. You do not have are conducting discussions please take not want this. to be a great mathematician to know their discussions into the cloakroom? Mr. METZENBAUM. I yielded to that $5 billion at about 10 percent in- The Senator from Ohio is entitled to the Senator for one question. I wish to terest in $500 million a year. The con- be heard. Will the staff please remain give back the floor. The hour is late. tracts were to be delayed for 5 years. quiet at the rear of the Chamber. I see the Senator from North In all fairness, there was some push- The Senator from Ohio may pro- Dakota in the Chamber and I ask ing to get 20 percent taken each year, ceed. unanimous consent that I be permit- Mr. METZENBAUM. I thank the so there may have been less than the ted to yield to the Senator from North Chair. $500 million a year. Dakota. The Senator from Ohio has taken Mr. President, there are concerns Mr. NICKLES. I object. the position that for those timber about the regional aspects. There is a The PRESIDING OFFICER. Objec- companies that need some relief, I specific paragraph in this measure tion is heard. have no objection to giving them providing that the Forest Service, in the Chair. relief. But the administration's pro- connection with the matter of termi- Mr. ANDREWS addressed gram of delaying the contracts does nated contracts, is to give concern to The PRESIDING OFFICER. The not help the small contractors. It does the very issue of the regional impact, Senator from North Dakota is recog- help the big timber companies. of what will occur by reason of this nized. I attempted to offer an amendment amendment. Mr. ANDREWS. Mr. President, the to foreclose the administration's pro- I believe that Senator HATFIELD and hour is late and we are talking about a gram from being implemented on the I were in total disagreement before continuing resolution on an appropria- supplemental appropriations bill, and this matter came to the negotiating tion bill where we have heard a lot of I was asked to back off that, to see if table. mention bandied about about various we could work out something. I then I am not going to tell you that I got figures, I wish to ask the chairman of offered it on the continuing resolu- everything I think I should have our committee, the chairman of the tion, and I was asked to-back off that. gotten in order to protect the Govern- Appropriations Committee, how much The administration agreed that it ment's interests. I do not think that money he feels this amendment now would not implement its regulations, Senator HATFIELD would say that he pending, the Hatfield-Metzenbaum as a consequence, until we had an op- got everything he felt he would like to amendment, will save the Treasury of portunity to deal with this matter. have in order to protect the timber in- the United States. Does this save The Senator from Montana is not terests of his area. It is a compromise. money to the Treasury, or is this a wrong in saying that it is difficult to It may not be the greatest compromise spending measure? 32016 CONGRESSIONAL RECORD-SENATE November 10, 1983 I think that obviously our chairman Mr. President, just for a real quick we would not try to legislate this late has done a great deal of work with his comment for a few of our colleagues, I in the evening on this program. staff and can shed some light on it. do not wish to take up any more time Mr. SYMMS. Mr. President, will the Mr. HATFIELD. Mr. President, I than is necessary, but the administra- Senator yield? would say in answer to the Senator tion is opposed to this proposal. Mr. NICKLES. I yield. from North Dakota that we have It is extremely complicated. It varies Mr. SYMMS. I thank the Senator about 5 billion dollars' worth of con- the amount of contract abrogation, for yielding. And I thank him for the tracts that were made in time when and that is basically what we are points he brought out in answer to the they averaged 44 percent higher in ap- doing. We are abrogating some con- question our distinguished friend from praised value than what they would tracts here that were entered into that North Dakota brought out about the average today in the same timber sale quite frankly now the prices that were Forest Service's own estimate. This appraisal. That means that out of that entered into are higher than the amendment would cost an additional $5 billion of contracts, considering the market is now and there are a lot of $230 million. The administration's pro- fact that a major portion of them are companies no doubt that are having posal that is now under way is $195 owned by small- and medium-sized some financial problems, so it is a million cost to the Treasury. So there timber operators who have a total de- degree of what type of abrogation and is a cost involved with this, and I think pendence on Federal timber, it would the schedule that is in the proposal of we should understand that. be an estimate of about 20 percent the Senator from Ohio, which is ex- I think the Senator from Oklahoma that would face contract default. That tremely complicated. Actually, the made the case very well. would mean about $800 million to $1 greater the problem that one has the Mr. ANDREWS. Mr. President, the billion that otherwise be available if more abrogation is allowed and the point is there is a lot of money here they are in a position to perform on less net worth that you have the involved. What happened is the White the contracts which means money to greater the abrogation. House itself abrogated these timber local governments who gain percent- Mr. HATFIELD. Mr. President, will contracts. re- age of those Federal timber and the Senator yield for a question at this If I am on the farm and I buy 10,000 also. ceipts to the Federal Treasury point? bushels of corn to feed my cattle and termination Consequently, contract NICKLES. I am happy to yield. the price goes down a buck no one take one dollar or one Mr. is not going to Does the Senator bails me out for bidding the wrong out of the Federal Treasury, but Mr. HATFIELD. dime gas price in the first place. it means putting money into support the abrogation of natural rather Senator METZENBAUM pointed out the Federal Treasury and into local contracts? is prob- that it cost the Federal Government, governments who share in those Fed- Mr. NICKLES. The Senator $500 million a year eral timber receipts. ably aware that I do not support the cost the taxpayers the Department of I only wish to say, Mr. President, as abrogation of contracts and I actually out of the till of that the Senator from Ohio said, this plan on having an amendment along Agriculture, $500 million a year for the nutrition of amendment is certainly not what I with Senator WEICKER and some could be used would like to have it as a final prod- others that would eliminate that abro- schoolchildren in this country, and I uct. No compromise ever is. I do sup- gation of contracts in natural gas, and think these figures are significant. port it and I feel that it will help. It is I am trying to be consistent. I do not Mr. MELCHER. Mr. President, will not a bailout; not one dime of Federal agree with abrogating timber con- the Senator yield on that? money is going to be taken out of the tracts. Mr. ANDREWS. The Senator should Treasury and given to any timber pur- I might just read a couple of state- look at the figures on the basis of jus- chaser. But it does provide opportuni- ments from the Assistant Secretary tice and contract equity. The package ty to create revenue for the Federal for Natural Resources and Environ- the Senator from Oregon has put to- Government. ment, Mr, Crowell, in their opposition gether makes a good deal of sense and Mr. NICKLES. Mr. President, I rise to this amendment. It says: should be voted on on that basis or if in opposition. I know the Senator 1. It would tend to give the most relief to the sanctity of the committee process from Montana has been leading the those companies that bid most imprudently, wishes to be protected, perhaps the opposition to this amendment and I i.e., those that have the greatest potential Senator from Idaho and the Senator would not preempt him. But this cer- losses to offset against their net worth. It from Montana would go along with would be inappropriate to provide the great- tainly is legislation on an appropria- the suggestion that we hold in abey- est benefits to those firms who acted least ance the White House action until tions bill without any doubt. The hour responsibly. is late. committee action has been taken. It says further: I am on the Energy and Natural Re- Mr. SYMMS. Mr. President, will the sources Committee, along with Sena- ... This provision in itself would result in Senator yield? loss in Federal receipts of $130 tor MCCLURE. We did have hearings on a potential Mr. ANDREWS. I am glad to yield million. Losses resulting from the "buy out" on that. this problem. We did not have hear- provision would also be large. ings on the particular proposal that is Mr. SYMMS. Mr. President, I thank before us. It also says: the Senator for yielding. I can tell the Senate that the pro- It would be very difficult to administer I am sure the Senator does not want the eligibility formula in this amendment to leave the impression here that the posal that is before us, and I compli- based on net worth adjudications in a fair ment the managers for their efforts in and even-handed manner. White House abrogated those con- trying to come up with a program, Additionally, there are many ambiguities tracts, because that is not true. though, is opposed by a lot of people, in the current language of the proposed Mr. ANDREWS. I do not want to including the administration. amendment which would leave doubt about leave that impression. That is exactly Mr. President, I ask unanimous con- intent and which would make implementa- what happened. sent that a letter from the administra- tion very complicated and costly. Mr. SYMMS. That is not what hap- tion to Chairman MCCLURE be printed Mr. President, again I do not think pened. in the RECORD at this point. we need to debate this at length. It is Mr. ANDREWS. I am amazed the Mr. HATFIELD. Mr. President, I do legislation on an appropriations bill, press has not shed more light on it. not wish to pursue that but point out and I will leave it up to the Senator Mr. SYMMS. That is not what hap- that it has already been printed in the from Montana who had led the opposi- pened. Those contracts have been ex- RECORD. tion whether he wants to make that tended and there is a great deal of dif- Mr. NICKLES. I withdraw that re- motion or a motion to table. But it is ference in that so that these compa- quest. extremely complicated. I would hope nies if we continue to have a recovery November 10, 1983 CONGRESSIONAL RECORD-SENATE 32017 can blend in some of that timber and The purpose of this amendment is to also their competitors, in the North- manage to sell it. allow the shorter term timber contract west to gain a competitive advantage I point out they cannot default on rate to be redetermined in order to through a bailout from their Federal them. There is a way to do that and reach parity with the long-term con- contracts. Federal timber, under con- then there is no return to the Treas- tract. This will enable the small inde- tracts that are terminated or bought ury. There is no return. These compa- pendent timber companies of Alaska out, would come back on the market at nies have to go ahead and take that to compete also. a reduced price. This would, of course, timber. The Senator knows that will Mr. HELMS. Mr. President, during help some companies, but inasmuch as be tied up for years in court, and I the past 3 years the forest products in- timber from the Northwest is sold think there is a process under way and dustry has drastically changed-pri- across the country, basic economic there may be a way out of it. marily because of a dramatic drop in analysis suggests that some of this I compliment the Senator from home construction brought about by lower priced timber from the North- high mortgage interest rates. Oregon and the Senator from Ohio for west, will displace timber from other In almost every area of the country, their efforts. areas in markets except for Oregon, timber companies across the United But I think it would be inappropri- States. ate to try to solve this here tonight. have gone out of business in response to the reduced demand for lumber. Ac- Mr. President, although it appears Mr. MELCHER. Mr. President, first from the earlier vote that Senators fa- of all, I do not want anybody to keep cording to Dunn & Bradstreet, in 1980, 98 firms went out of business nation- voring this amendment may carry the in their mind the $500 million figure day, I feel obliged to oppose this per year, a half a billion dollars per wide; 172 firms followed in 1981. And for the first amendment and to point out that this year. That is not what the Senator 7 months of 1982, 301 mills went belly up. Over this 21/2-year proposal is not just a bailout for a few from Oregon said at all. That is not period, a total of 571 timber mills in companies in Oregon and, therefore, what the facts are. Timber sales, the United States closed their doors. isolated in its effects, but that such timber contracts are not all upfront But, Mr. President, the numbers for legislation will have detrimental ef- money the first year. It is based on Oregon are vastly different. Over fects on the economies of many com- where the timber is cut, and it is roughly the same period, October 1981 munities throughout this country. spread over a number of years. So you through October 1983, according to Mr. MELCHER. I do not think we cannot multiply $500 million times the Forest Service records, only four firms should belabor this any longer. I hope rate of interest and get an annual went bankrupt in the Pacific North- we can move on promptly. For that figure because that is not where the west. Now I do not want to see even reason, Mr. President, I move to table money would come in anyway. one firm go out of business, not in the amendment. I think what the Senate sees here is North Carolina, not in Oregon. But I The PRESIDING OFFICER. The a complication of the problem that do suggest that these statistics should question is on the motion to table. has not been thoroughly thrashed out be instructive to Members of the Mr. MELCHER. Mr. President, I ask in the committee, and you have all Senate as to why their constituents for yeas and nays. these reports in front of you. I think may not like the idea of the termina- The PRESIDING OFFICER. Is we are at a disadvantage in trying to tion, or buy out, of Federal timber there a sufficient second? There is a move this amendment at this time to- contracts. The plain fact is that most sufficient second. night. of the country has already made the The yeas and nays were ordered. There is one point about why some painful adjustment to a lower demand The PRESIDING OFFICER. The of our people dislike this very much, for timber. Firms in Oregon, which question is on agreeing to the motion do, and it is probably most of them purchase timber almost exclusively of the Senator from Montana (Mr. the country because shared around from the Federal Government, have MELCHER) to table the amendment of there is an element of competitive ad- not had to make the hard business de- the Senator from Ohio (Mr. METZ- vantage in termination of contracts. It cisions that the timber industry in the ENBAUM). The yeas and nays have been has to be carefully weighted and care- rest of the country has already made. ordered and the clerk will call the roll. fully meted out. And you cannot do Mr. President, firms in Oregon have The bill clerk called the roll. that, I am sorry to say, this evening largely been protected because the ma- Mr. STEVENS. I announce that the with this particular amendment. jority of their timber contracts-which Senator from Kansas (Mr. DOLE), the I think I would like to have all the are Federal timber contracts-were ex- Senator from New Mexico (Mr. Do- western timber folks together and the tended for 5 years. In August of this MENICI), the Senator from Minnesota western Senators representing timber year, the President proposed to allow the Senator from folks together. We are not that way an additional 5-year extension on (Mr. DURENBERGER), (Mr. EVANS), the Senator tonight. I am sorry we are not. these contracts. However, recognizing Washington Mr. STEVENS. Mr. President, small that there are costs to the Federal from Arizona (Mr. GOLDWATER), the timber companies in Alaska bid for Government in allowing these con- Senator from Nevada (Mr. LAXALT), short-term timber sale contracts which tracts to be held for this additional the Senator from Idaho (Mr. have no timber rate redetermination. period-and recognizing that good MCCLURE), the Senator from Alaska Consequently, in a soft market, these forest management requires that these (Mr. MURKOWSKI), the Senator from companies have contracts which are timber sales be operated within the Wyoming (Mr. SIMPSON), and the Sen- not close to the market clearing price. next 5 years-the administration re- ator from Texas (Mr. TOWER) are nec- Unfortunately, the long-term con- quired that these companies begin to essarily absent. tract in Alaska, which can last for 30 make payments to the Federal Gov- Mr. BYRD. I announce that the years sometimes, does have a rate re- ernment for this timber, some of Senator from California (Mr. CRAN- determination clause, which allows the which was purchased almost 10 years STON), the Senator from Connecticut timber price to adjust to a soft market. ago and is still standing. (Mr. DODD), the Senator from Ohio For purchasers of timber in the na- Some companies object to this proce- (Mr. GLENN), the Senator from Colora- tional forests in Alaska, long-term con- dure because they might have to oper- do, (Mr. HART), the Senator from tract rates are redetermined, but the ate some of these sales at a loss. Al- South Carolina, (Mr. HOLLINGs), the short-term contract-which faces the though no one enjoys this prospect, Senator from Hawaii (Mr. INOUYE), same market price changes-are not the fact is that the rest of the country the Senator from Louisiana (Mr. redetermined. The inequity of this will has already suffered through it. These LONG), and the Senator from Arkan- force the shorter term timber purchas- folks are not vindictive, they cannot sas, (Mr. PRYOR) are necessarily er out of the market. afford to allow their friends, who are absent. 32018 CONGRESSIONAL RECORD-SENATE November 10, 1983 The PRESIDING OFFICER. Are Mr. HATFIELD. The Senator is cor- We do need a few hours to put the there any other Senators in the Cham- rect. documents in order so the conference ber wishing to vote? The PRESIDING OFFICER. The may have the proper documents to The result was announced-yeas 31, clerk will state the amendment. confer upon at 10 a.m. nays 50, as follows: The assistant legislative clerk read I urge the Senators at this time, if [Rollcall Vote No. 356 Leg.] as follows: possible, to restrict their explanations The Senator from Alaska (Mr. STEVENS) as far as long comments are concerned YEAS-32 proposes an amendment numbered 2587. and make them as brief as possible. Armstrong Hatch Melcher We shall be as reasonable as we can be Baucus Hawkins Nickles Mr. STEVENS. I ask unanimous con- Bentsen Hecht Nunn sent that the further reading of the in accepting them, hopefully thereby Boren Heflin Roth amendment be dispensed with. avoiding rollcalls. Byrd Helms Sasser The PRESIDING OFFICER. With- This particular amendment, of Cochran Huddleston Symms DeConcini Jepsen Thurmond out objection, it is so ordered. course, is the unfinished business. I Denton Johnston Trible The amendment is as follows: understand from the Senator from East Kasten Warner On page 6 of amendment No. 2569, follow- Montana that he expects to continue Garn Lugar Wilson some debate on this amendment if it is Grassley Mattingly ing line 3, add the following: (k)(l) Emergency stumpage rate redeter- not tabled. NAYS-50 mination shall be made upon the written Does the Senator from Montana Abdnor Ford Percy application of the purchaser of National have any idea how long he may wish Andrews Gorton Pressler Forest timber in Alaska, and rates estab- to take on this amendment? Baker Hatfield Proxmire lished as a result thereof shall be effective Biden Heinz Quayle for timber scaled during a period between Mr. MELCHER. Mr. President, if Bingaman Humphrey Randolph January 1, 1981 and five years from the ef- the chairman will yield. Boschwitz Kassebaum Riegle fective date of this legislation. Mr. HATFIELD. Yes, Mr. President, Bradley Kennedy Rudman Bumpers Lautenberg Sarbanes (2) In making the emergency rate redeter- I am happy to yield. Burdick Leahy Specter minations the Secretary may modify exist- Mr. MELCHER. I can say I do not Chafee Levin Stafford ing contract terms, including the amount of want to take any time. But it is in the Chiles Mathias Stennis bid premium, in order to provide rates bill. If we have a voice vote or a record Cohen Matsunaga Stevens which will permit the holders of short-term D'Amato Metzenbaum Tsongas contracts to be competitive with other pur- vote, apparently, we cannot afford Danforth Mitchell Wallop chasers of National Forest timber. that. So I guess there will be some Dixon Moynihan Weicker time needed to work out something Eagleton Packwood Zorinsky (3) The Secretary, when considering a Exon Pell purchaser's application for emergency rate else than this amendment. redetermination as provided under sub-sec- I thank the chairman for yielding. NOT VOTING-18 tion (a), shall base the decision to grant Mr. HATFIELD. I ask the Chair to Cranston Glenn Long such a rate redetermination upon the deter- put the question. Dodd Goldwater McClure mination that current stumpage rate no Mr. MELCHER addressed the Chair. Dole Hart Murkowski longer reflect the market and other econom- Domenici Hollings Pryor ic conditions in Alaska, and that the revi- The PRESIDING OFFICER. The Durenberger Inouye Simpson sion is needed in order for the holders of Senator from Montana. Evans Laxalt Tower these contracts to remain competitive with Mr. MELCHER. Mr. President, this So the motion to lay on the table other purchasers of National Forest Timber is an unfortunate thing. To get into amendment No. 2569 was rejected. in Alaska. what we ought to do in our forest The PRESIDING OFFICER. The Mr. STEVENS. I ask the two spon- management practices, we often have question recurs on the amendment. sors of the amendment if they will difficulty getting together and getting Several Senators addressed the modify their amendment to accommo- an understanding by the Senators Chair. date this amendment. from other parts of the country in The PRESIDING OFFICER. The Mr. METZENBAUM. If the Senator order to pass legislation. We have Senator from Alaska. from Oregon is agreeable, I am cer- before us an amendment that was not AMENDENT NO. 2587 TO AMENDMENT NO. 2569 tainly agreeable, because there is no tabled a few moments ago. Looking at Mr. STEVENS. Mr. President, I have point in pitting the two regions the raw numbers in the vote, I assume discussed this amendment with the against one another. the amendment will probably stay in two sponsors. Mr. HATFIELD. Mr. President, I the continuing resolution. Mr. MELCHER. Will the Senator agree with accepting the amendment. This is an amendment that those of yield? Is the Senator amending the The PRESIDING OFFICER. The us in the inner mountain region who amendment before us? amendment is so modified. have to deal with forest products and Mr. STEVENS. Yes. ORDER OF BUSINESS the jobs that are involved have to I have discussed the amendment Mr. HATFIELD. Mr. President, I resist. There is a competitive angle with the two sponsors and I have an wonder if we could have a reading of that cannot be ignored. Many of the amendment which I understand will what amendments are still to be of- timber contracts are in very produc- be adopted and the pending amend- fered. Could we have a show of hands tive areas of the West, particularly on ment modified. The small timber com- as to how many more amendments? the west slope, the Pacific slope, and panies in Alaska did not have the same About eight-I think we have a few those are bid rather high, because kind of timber redetermination. more, so there are probably around 12 there is good timber there. The prob- We have long-term contracts in or 15. lem is that the companies that operate Alaska which would not be affected by As you know, Mr. President, the there are companies that have more this amendment that I am offering. House has gone out. They will be timber available and they can afford Only the short-term contracts which coming in at 9:30 in the morning, ap- to bid higher on the timber sales. Nat- are for the small timber purchasers, pointing conferees at that time, ac- urally, they are the ones where, when the small operations, the small inde- cording to Mr. WRIGHT, the majority lumber prices drop, the timber con- pendent operations in Alaska, would whip. We have scheduled the confer- tracts are the highest. be affected by it. ence at 10 o'clock in the morning with In that part of the country, a tree Mr. President, I send an amendment the House of Representatives. That grows rather fast. In our part of the to the desk and ask the sponsors of means that we have no choice but to country, in the inner mountain areas, the amendment if they will modify continue until we complete the con- it grows rather slowly. So in trying to their amendment to accept my amend- tinuing resolution, whatever hour that work out accommodation over the ment. may be. course of the past several years to November 10, 1983 CONGRESSIONAL RECORD-SENATE 32019 hope the forest products industry, we contracts, being the big speculators, LONG), the Senator from Arkansas tried to keep a balance between those and lets them off the hook. (Mr. PRYOR), and the Senator from interests-those in the Pacific slope Would the Senator from Montana Mississippi (Mr. STENNIS) are necessar- where the growth is very good and agree with what I have said so far? ily absent. those, like my own, in our State of Mr. MELCHER. That is true. The The PRESIDING OFFICER. Are Montana, the inner mountain area, more they bid on it, the higher the there any other Senators in the Cham- where it takes twice as many years to contract, the more they reaped from ber who wish to vote? grow trees the same size. This disad- the relief. The result was announced-yeas 43, vantage that is found if this amend- Mr. SYMMS. Those companies that nays 37, as follows: ment becomes law would be a question bid the highest on the timber and got [Rollcall Vote No. 357 Leg.] in the most trouble, the amendment of how competitive our forest products YEAS-43 industry in the inner mountain area pending before the Senate will let those people off the hook. Armstrong Hatch Nunn would be compared to those on the Baker Hawkins Percy western slope. We would be disadvan- Mr. MELCHER. That is correct. Baucus Hecht Quayle taged. This is why most of our people Mr. SYMMS. But will do nothing for Bingaman Heflin Roth Boren Heinz Rudman are very much against this amend- the companies who were more frugal and more careful. Under the plan that Bumpers Helms Stafford ment. Byrd Huddleston Symms There have always been ways of at- is underway, there is a 5-year exten- Chafee Humphrey Thurmond to work out accommodations sion that covers all people. This Cochran Jepsen Trible tempting Danforth Johnston Wallop for all the States that are involved in amendment speaks specifically to people that qualify. DeConcini Kasten Warner forest lands and national Denton Lugar Weicker national So if the Senator from Montana has forest legislation, but it has never East Mattingly Wilson no objection, Mr. President, I make a Garn Melcher Timber Management come easily. The point of order that this is clearly legis- Grassley Nickles Act of 1976, the Forest Products Man- lation on an appropriations bill. NAYS-37 agement Act of 1976 for national for- The PRESIDING OFFICER. Does ests, and the comprehensive revision Abdnor Ford Pell the Senator from Montana yield for Andrews Gorton Pressler of all the forest planning and forest that purpose? Bentsen Hatfield Proxmire practices took a good deal of time Mr. MELCHER. Yes; I yield for that Biden Kennedy Randolph before they were finally hammered purpose. Boschwitz Lautenberg Riegle out by the House and the Senate and Bradley Leahy Sarbanes The PRESIDING OFFICER. The Burdick Levin Sasser signed into law. amendment places new duties on the Chiles Mathias Specter We had a bill before us where the Secretary of Agriculture and the Sec- Cohen Matsunaga Stevens lead author was Senator HATFIELD, D'Amato Metzenbaum Tsongas retary of the Interior and is, there- Dixon Mitchell Zorinsky that attempted to deal in an even- fore, legislation on an appropriations Eagleton Moynihan handed way with forest timber sale re- bill. Exon Packwood determinations to make some attempt Mr. STEVENS. Mr. President, I NOT VOTING-20 to compromise among all the various appeal the ruling of the Chair. Cranston Goldwater McClure groups that have interests in those Mr. HATFIELD. Mr. President, I ask Dodd Hart Murkowski timber contracts. Most of us from the for the yeas and nays. Dole Hollings Pryor West joined in sponsorship of that bill The PRESIDING OFFICER. Is Domenici Inouye Simpson and we reported it out of the commit- Durenberger Kassebaum Stennis there a sufficient second? There is a Evans Laxalt Tower tee in the last Congress, but were not sufficient second. Glenn Long successful in getting it out of the The yeas and nays were ordered. Senate. So the ruling of the Chair was sus- The PRESIDING OFFICER. The of the Senate. In this Congress, the chairman of tained as the judgment question is, Shall the decision of the Mr. SYMMS. Mr. President, I move the Appropriations Committee, Sena- Chair stand as the judgment of the to reconsider the vote by which the tor HATFIELD, introduced a similar bill Senate? The yeas and nays are or- amendment was agreed to. again-- dered. The clerk will call the roll. Mr. NICKLES. Mr. President, I Mr. SYMMS. Will the Senator from The assistant legislative clerk called move to lay that motion on the table. Montana yield? the roll. The motion to lay on the table was Mr. MELCHER. I would be delight- Mr. STEVENS. I announce that the agreed to. ed to yield. Senator from Kansas (Mr. DOLE), the The PRESIDING OFFICER. The Mr. SYMMS. I thank the Senator Senator from New Mexico (Mr. Do- Senator from South Dakota is recog- for yielding. I would just like very MENICI), the Senator from Minnesota nized. briefly to say to my colleagues and the (Mr. DURENBERGER), the Senator from Mr. ABDNOR. Mr. President, I have Senator from Montana, who yielded to Washington (Mr. EVANS), the Senator three very short amendments. They me for the purposes of making a point from Arizona (Mr. GOLDWATER), the all pertain to the bill and we can rap- of order that this is legislation on an Senator from Kansas (Mrs. KASSE- idly dispose of them. appropriations bill, there is a problem. BAUM), the Senator from Nevada (Mr. I think the Senator from Ohio and the LAXALT), the Senator from Idaho (Mr. AMENDMENT NO. 2588 Senator from Oregon have spoken to MCCLURE), the Senator from Alaska Mr. ABDNOR. Mr. President, I send this. We who come from the western (Mr. MURKOWSKI), the Senator from the first amendment to the desk and timber-producing States know that Wyoming (Mr. SIMPsON), and the Sen- ask for its immediate consideration. there is a problem with timber con- ator from Texas (Mr. TOWER) are nec- The PRESIDING OFFICER. The tracts purchased that are now not essarily absent. amendment will be stated. worth what the people bid for them 4 Mr. BYRD. I announce that the The assistant legislative clerk read or 5 years ago. The administration ex- Senator from California (Mr. CRAN- as follows: tended those contracts for 5 years so STON), the Senator from Connecticut The Senator from South Dakota (Mr. we could work them out. (Mr. DoDD), the Senator from Ohio ABDNOR) proposes amendment No. 2588. This amendment that we are work- (Mr. GLENN), the Senator from Colora- Mr. ABDNOR. Mr. President, I ask ing on tonight makes a further grant do (Mr. HART), the Senator from unanimous consent that the reading of to those companies who somehow can South Carolina (Mr. HOLLINGS), the the amendment be dispensed with. demonstrate that they had a low net Senator from Hawaii (Mr. INOUYE), The PRESIDING OFFICER. With- worth, meaning that they bid for more the Senator from Louisiana (Mr. out objection, it is so ordered. 32020 CO NGRESSIONAL RECORD-SENATE November 10, 1983 The amendment is as follows: D.C. has been designated as the "Na- In the fiscal year 1984 bill reported At the appropriate place in the joint reso- tional Buildings Museum." Neglect out by the full committee, there is $14 lution insert the following new section: through the years has caused exten- million appropriated for "renovation SEC. . Notwithstanding any other provi- sive damage to this stately building. of a purchased building." The intent sion of law, $1,000,000 of the unobligated Work will soon be finished on the roof. was for GSA to use these funds to ren- funds as of September 30, 1983 from the ap- The next step is to repair the great ovate an existing building which was propriation for closeout activities of the hall, as directed by the Congress in to be purchased by GSA this past Community Services Administration shall remain available through September 30, 1980. Moneys would be included for summer. Unfortunately, to date GSA 1988. this purpose in next year's budget, but has not proceeded with the purchase. Mr. ABDNOR. Mr. President, ap- I believe acting now will save money To rectify this problem of over- proximately $10 million of the appro- and will also insure the great hall's crowded and insufficient space which priation for the Community Service renovation will be complete by Janu- is of national interest, since this Social Administration closeout activities ary 1985 to celebrate the President's Security Administration data process- of lapsed on September 30, 1983 under Inaugural Ball, the centennial year ing center is one of only three facili- section 139 of the first continuing res- its first use for that purpose. ties in the Nation which process the olution for fiscal year 1983, Public Law The PRESIDING OFFICER. Is earnings information from 5 million 97-276. This section extended the there further discussion on the employers and maintain files for the period of availability of the unobligat- amendment? retirement and survivors' insurance, ed funds from the fiscal year 1982 ap- The question is on agreeing to the disability insurance, and supplemental propriation through 1983. In order to amendment of the Senator from security income programs, the distin- provide funds to complete settlement South Dakota. guished chairman was going to offer (No. 2589) was of CSA complaints and related over- The amendment an amendment to appropriate the $14 head costs, this language proposes to agreed to. million for purchase, design, and ren- extend the availability of $1 million of Mr. ABDNOR. Mr. President, I move ovation of a purchased building in the vote by which the the September 30, 1983 unobligated to reconsider the fiscal year 1984 bill (S. 1646) on the to. funds through September 30, 1988. In amendment was agreed floor. Mr. DECONCINI. Mr. President, I the event these cases are closed prior Now that the House version of the move to lay that motion on the table. to this time the unobligated balance Treasury bill has become part of the will be returned to the Treasury * * * The motion to lay on the table was agreed to. continuing resolution. It is important I move the adoption of the amend- that this amendment be added. ment. AMENDMENT NO. 2590 Again, I thank the distinguished The PRESIDING OFFICER. Is chairman for his assistance in this there further discussion of the amend- Mr. ABDNOR. Mr. President, I send matter.e ment? a third amendment to the desk and The PRESIDING OFFICER. If The question is on agreeing to the ask for its immediate consideration. there be no further discussion, the amendment of the Senator from The PRESIDING OFFICER. The question is on agreeing to the amend- South Dakota. amendment will be stated. The assist- ment of the Senator from South The amendment (No. 2588) was ant legislative clerk read as follows: agreed to. Dakota. The Senator from South Dakota (Mr. The amendment Mr. ABDNOR. Mr. President, I move ABDNOR) for Mr. SPECTER proposes amend- (No. 2590) was to reconsider the vote by which the ment No. 2590. agreed to. Mr. ABDNOR. Mr. President, I move amendment was agreed to. Mr. ABDNOR. Mr. President, I ask Mr. DECONCINI. Mr. President, I to reconsider the vote by which the unanimous consent that the reading of amendment was agreed to. move to lay that motion on the table. the amendment be dispensed with. Mr. HATFIELD. Mr. President, I The motion to lay on the table was The PRESIDING OFFICER. With- move to lay that motion on the table. agreed to. out objection, it is so ordered. The motion AMENDMENT NO. 2589 The amendment is as follows: to lay on the table was Mr. ABDNOR. Mr. President, I send agreed to. At the end of the joint resolution insert Mr. ABDNOR. the second amendment to the desk the following new section: Mr. President, al- and ask for its immediate consider- SEC. -. Notwithstanding any other provi- though I can understand how some- ation. sion of this joint resolution $14,000,000 is times it is difficult to keep track of all The PRESIDING OFFICER. The appropriated for purchase, design, repairs the directives, recommendations, and amendment will be stated. and alterations of purchased building in the instructions contained in reports ac- The assistant legislative clerk read Wilkes-Barre, Pennsylvania area. companying legislation, I believe that as follows: Mr. ABDNOR. Mr. President, this the agencies and departments have an The Senator from South Dakota (Mr. amendment I am offering on behalf of obligation to follow the specific recom- ABDNOR) proposes an amendment numbered Senator SPECTER. mendations and directives contained in 2589. The Senate Treasury bill has fund- appropriations bill reports. Conscious Mr. ABDNOR. Mr. President, I ask ing totaling $14,000,000 for repairs and disregard for congressional instruc- unanimous consent that the reading of alterations of a building in Wilkes- tions regarding how appropriated the amendment be dispensed with. Barre, Pa. This amendment will allow funds are to be spent should not be The PRESIDING OFFICER. With- use of some of this total for the pur- tolerated. out objection, it is so ordered. chase of the property. The amend- Mr. DECONCINI. Mr. President, I The amendment is as follows: ment is intented to clarify any ques- agree completely with the distin- At the appropriate place insert the follow- tion which might arise. guished chairman of the Treasury Ap- ing new section: ® Mr. SPECTER. Mr. President, I propriations Subcommittee. We spend SEC. . Notwithstanding any other provi- thank the distinguished chairman of a lot of time crafting these appropria- sion of this joint resolution $2,650,000 is ap- the Appropriations Subcommittee on tion bills and writing the reports and propriated for the repair of the Pension the Treasury and Postal Service for of- if the committee directs the use of ap- Building in Washington, D.C. fering the amendment on the Social propriated funds in a certain way, the Mr. ABDNOR. Mr. President, this Security Administration data process- agency involved should follow those amendment will add $2.65 million to ing center in Wilkes-Barre, Pa. instructions. the bill in the GSA repair and alter- The chairman has been most helpful Mr. ABDNOR. I thank the Senator ations account. As you are aware the in trying to solve this problem, which from Arizona. The Customs Service pension building here in Washington, has been going on for 6 years. has apparently proceeded with some November 10, 1983 CONGRESSIONAL RECORD-SENATE 32021 end of year 1983 spending that has a orders. They are, however, influenced vate sector in Nicaragua. My purpose direct effect on instructions we have by milk marketing orders. at that time was to avoid the creation made in the fiscal 1984 Treasury bill. Mr. President, the milk marketing of a foreign aid slush fund. At that Customs had requested funding for a orders provide some very useful pro- time I was extremely skeptical that low flyer detection net. Although we tection for dairy farmers, before they the administration would ever be able have reshaped the total air interdic- were instituted, unscrupulous milk to spend that money given the inter- tion request within the President's processors were able to take unfair ad- nal situation in Nicaragua. Conse- budget, Customs has apparently ig- vantage of farmers. The marketing quently, my amendment would have nored our instructions that up to $2 orders helped to establish equity in allowed the money only to be spent in million be obligated for the purchase what had been a somewhat chaotic Nicaragua or not spent at all. The dis- of specific digitizers at a price not to marketplace. tinguished chairman of the Senate exceed $100,000 per unit, including The milk-marketing orders are not Foreign Relations Committee, Senator support. Customs has apparently gone above reproach, however. In some in- PERCY, and officials from the Depart- out and contracted on the last day of stances they have contributed to un- ment of State prevailed upon me to fiscal 1983, for digitizers costing economic developments within the in- consider the possibility of an emergen- $435,000 per unit. The contract would dustry. The arbitrary basing of the cy. I agreed with their concern and In other words, extend into fiscal 1984. price for fluid milk in much of the Senator PERCY, Senator PELL, and Customs knew full well as early as country on the Minnesota-Wisconsin myself engaged in a colloquy here on July 1983 of the committee's directives price series makes little sense in the Senate floor, the purpose of which yet in September 1983 they awarded today's market. The fact that a higher was to give the President authority to cost price is paid for fluid milk as one an open-end contract at a unit use this money for other purposes pro- I moves four times the committee guidelines. farther from Eau Claire, Wis., vided there was "an unforeseen emer- consider this to be an end run around has encouraged milk production in gency the committee. areas that do not have a comparative situation in which the vital na- tional security Mr. DECONCINI. Mr. President, I advantage. They are able to produce interests of the United concur with my friend from South milk because they are paid a higher States were threatened." Senator Dakota and join him in expressing my price under the orders. In many areas, PERCY, speaking for himself, and with concern over this matter. I believe they have expanded their production the foreknowledge and agreement of that the Customs Service owes the much more rapidly than has been the the Department of State, made that committee an explanation and that case in the upper Midwest. commitment to Senator PELL and the Commissioner of Customs should I may yet be in favor of making myself, and also promised to insure send us a letter immediately, to recon- changes in the milk-marketing orders that I would be consulted in advance cile this end-of-year action by Customs which would lead to greater economic of any such request. with the directives contained in our efficiency. During the recent debate Last year my skepticism about the committee report, Senate Report 98- on the dairy compromise many Sena- administration's ability to use this 186 on page 24. Senator ABDNoR, does tors from other regions of the country money for the private sector in Nicara- that seem like a reasonable request to supported cutting the price supports gua proved well-founded when the ad- be made to Customs? to reduce production. I would argue ministration sought to reprogram the Mr. ABDNOR. Yes; I believe that a that that end could be more fairly funds for other purposes. At that time written explanation from the Commis- achieved by a change in the milk-mar- the administration was unable to dem- sioner is appropriate and should be keting orders. However, because the onstrate an unforeseen emergency or done. Furthermore, I would hope that provision in this bill does not prevent one affecting the vital national securi- his letter would also include his assur- USDA from making changes through ty interests of the United States. I ances that his agency will not, in the normal administrative process, I will suppose in retrospect that we should future, disregard committee instruc- support it. I hope, though, that USDA have fought this battle then, but in an tions or recommendations in its re- will take a careful look at the milk- effort to be cooperative and reasona- ports and that they will follow our di- marketing orders and affirmatively ad- ble, we allowed the reprograming to go rectives in fiscal 1984 and other fiscal dress the issues I have raised. through and sent a letter to Secretary years. AMENDMENT NO. 2591 Haig noting our expectation that this Mr. BOSCHWITZ. Mr. President, Mr. ZORINSKY. Mr. President, I situation would not be repeated in the will the distinguished chairman of the send an amendment to the desk and future. I ask unanimous consent that a Treasury, Postal Service and General ask for its immediate consideration. copy of that letter be printed in the Government Appropriations Subcom- The PRESIDING OFFICER. The RECORD at this point. mittee yield for a question? amendment will be stated. There being no objection, the letter Mr. ABDNOR. I yield to the Senator The assistant legislative clerk read was ordered to be printed in the from Minnesota. as follows: RECORD, as follows: Mr. BOSCHWITZ. Is it correct that The Senator from Nebraska (Mr. ZORIN- U.S. SENATE, OMB has sought to review some mar- SKY) for himself, Mr. PELL and Mr. PERCY COMMITTEE ON FOREIGN RELATIONS, keting orders for fruits and vegetables, proposes an amendment numbered 2591. Washington, D.C., May 26, 1982. Hon. ALEXANDER M. HAIG, Jr., but that it has not sought review of Mr. ZORINSKY. Mr. President, I milk marketing orders? Secretary of State, ask unanimous consent that the read- Washington, D.C. Mr. ABDNOR. The Senator is cor- ing of the amendment be dispensed DEAR MR. SECRETARY: We have recently re- rect. with. ceived notification of the President's intent, Mr. BOSCHWITZ. Is it true that the The PRESIDING OFFICER. With- under special authority of Section 614(a)(1) provision barring OMB review of mar- out objection, it is so ordered. of the Foreign Assistance Act, to reprogram keting orders for 1 year will not re- The amendment is as follows: $14.9 million in earmarked Economic Sup- strict the normal review and oversight port Funds from Nicaragua to Liberia for At the end of the joint resolution insert: fiscal year 1982. Undoubtedly, consultations functions that USDA performs on the "Notwithstanding any other provision of orders? on this proposed reprogramming will follow this joint resolution, not more than shortly. However, both as background for Mr. ABDNOR. This is correct. $677,000,000 shall be used for the Military those consultations and also as a guide for Mr. BOSCHWITZ. I thank the dis- Assistance Program." future reprogrammings, we would like to tinguished floor manager. As he well Mr. ZORINSKY. Mr. President, 2 note the committee's particular concern knows, our home States of South years ago I introduced an amendment with the authorization for this action. Dakota and Minnesota are not affect- earmarking the administration's re- The ESF earmark for Nicaragua has an ed by fruit and vegetable marketing quest for $20 million in aid to the pri- extensive legislative history, particularly in 32022 CONGRESSIONAL RECORD-SENATE November 10, 1983 the Senate. During last year's debate on as- way which allows full and prior Congres- to prevent the use of this $20 million as a sistance for Nicaragua, Senator Zorinsky sional review. "slush fund." argued that funds requested and authorized The proposed reprogramming raises sig- Regrettably, this higher standard has not for Nicaragua should "not be used as a slush nificant questions about the integity of the been met; nor has ample time been provided fund." To that end, Senator Zorinsky pro- authorization process and the scope of the for a suitable consultation between your posed earmarking language which would President's Section 614 authorities. We office and our Committee members, espe- have precluded even special Presidential hope that these questions will be addressed cially with Senator Zorinsky. Consequently waivers under the Foreign Assistance Act. in upcoming consultations, and that future we must register our objection to this pro- After consultations with Senator Zorinsky reprogrammings will reflect more carefully posed reprogramming, submitted to us, as it and with the Administration, Senator Percy the intent of Congress. is, at the eleventh hour. In the future, we offered the following compromise from the With best wishes, would expect the Department to provide us Senate floor on the Nicaragua earmark: "I Ever sincerely, sufficent advance notice which would allow propose that the legislative history of the CHARLES H. PERCY, us to consider such requests in a timely earmark, which would be maintained, would Chairman. fashion. indicate that the earmark could not be CLAIBORNE PELL, Sincerely, waived by Section 614 of the FAA and the Ranking Minority Member. CHARLES H. PERCY, funds earmarked for the Nicaragua private EDWARD ZORINSKY, Chairman. sector could not be reprogrammed unless: Ranking Minority Member, Subcommittee CLAIBORNE PELL, First, there is an unforeseen emergency sit- on Western Hemisphere Affairs. Ranking Member. uation in which the vital national security Mr. ZORINSKY. Mr. President, de- EDWARD ZORINSKY, interests of the United States are threat- U.S. Senator. spite the clear intent of my amend- ened; and second, Senator Zorinsky is con- Mr. ZORINSKY. The Department sulted through a memorandum in advance ment and the colloquy with Senators of the official notice." PERCY and PELL concurred in by the of State ignored its commitment to The Senate agreed to this proposal and administration, and despite our notice the terms of the colloquy in making earmarked $20 million in ESF funds for to the State Department last year, the the reprogramming, and then proceed- Nicaragua in fiscal year 1982, to be spent in administration this year informed the ed to ignore for 1 month our letter ob- support of the private sector. In conference committee literally hours before the jecting to this action. The response on the International Security and Develop- end of the fiscal year that once again when it came was disheartening and ment Cooperation Act of 1981, spending re- disingenuous. For that reason: acting sector it was seeking to reprogram the ear- strictions for the Nicaraguan private preserve integrity to the process the were dropped. However, the $20 million ESF marked money. Not only was the con- to earmark for Nicaragua was retained and ex- sultation inadequate, but the repro- chairman and ranking member of the tended for an additional fiscal year. gramming took place before it was com- Senate Foreign Relations Committee This $20 million ESF earmark would now pleted, and the administration once and I have no recourse but to move to provide the source of funds for the Adminis- again failed to demonstrate an unfore- delete $20 million in funding for secu- tration's reprogramming proposal. Before seen emergency in which the vital na- rity assistance for next year, and that notifying Congress, Administration officials tional security interests of the United is precisely the purpose of my amend- did meet with Senator Zorinsky to outline Consequently, ment, cosponsored by Senators PERCY the proposal. However, despite the legisla- States were threatened. tive history, no written memorandum was Senator PERCY, Senator PELL, and I and PELL, now before the Senate. submitted to Senator Zorinsky or to the wrote to Under Secretary of State Mr. President, it is hard for me to Committee prior to the official notification. Schneider objecting to the reprogram- fathom how economic difficulties in More serious questions surround the Ad- ming. I ask unanimous consent that a the Dominican Republic and the ministration's use of Section 61.4 authority copy of that letter be printed in the Sudan constituted an unforseen emer- in this reprogramming request. Liberia's im- RECORD at this point. gency, and the fact is they did not. portance to the security interests of the There being no objection, the letter was simply the old bureaucratic United States is not at issue here. However, This the President's powers under Section 614 was ordered to be printed in the game of "spend it before you lose it." are intended to be reserved as "special" re- RECORD, as follows: We will never solve our deficit prob- programming authorities, and not as a U.S. SENATE, lems until Washington breaks such means to circumvent the regular Congres- COMMITTEE ON FOREIGN RELATIONS, habits. It is time that Federal agencies sional authorization process. In the case of Washington, D.C., September 30, 1983. learn to live by the same budget rules the Nicaragua earmark, the "special" nature Hon. WILLIAM SCHNEIDER, as the rest of us-and one of them is of Section 614 authorities is particularly Under Secretary of State for Coordinating that you do not spend money simply clear, since the Senate legislative history Security Assistance Programs, Depart- stresses that these funds would not be re- ment of State, Washington, D.C. because it is there, simply for the sake programmed unless "there is an unforeseen DEAR MR. SECRETARY.Pursuant to your of spending it. The Treasury and the emergency situation in which the vital na- letters to Senator Zorinsky of September 29 taxpayers deserved that $20 million tional security interests of the United and 30, we regret to inform you that on since it was not spent on what it was States are threatened." behalf of the Committee on Foreign Rela- appropriated for. My amendment Whatever the merits of aid to Liberia, the tions, we must object to any reprograming today simply assures that the money need for that aid does not come as an emer- of Economic Support Funds from Nicaragua will be returned to the Treasury. gency and is not unforeseen. Since early to Sudan and the Dominican Republic. 1981, the U.S. has been assisting Liberia, We want to emphasize that we make this Mr. KASTEN. Mr. President, as through balance-of-payments support, in objection despite our belief that both pro- chairman of the Foreign Operations meeting that country's oil import bills and posed recipients are worthy of additional Subcommittee of the Appropriations debt service obligations. The present repro- economic aid on the basis of U.S. security Committee, I wish to say that the Sen- gamming would extend budget support of interests and on the basis of need. Unfortu- ator from Nebraska has, I think, a this type. As early as last summer, Commit- nately, as the colloquy between Senators rather legitimate concern. I have tee staff visiting Liberia were told that the Pell, Zorinsky and Percy on October 20, sometimes found myself in similar sit- Administration would require approximate- 1981, indicated, the use of Section 614 ly $35 million in ESF funds for Liberia in waiver authority for the Nicaragua earmark uations and too often we allow the ex- FY 82. In fact, a 1981 IMF agreement with would have to meet a higher standard than ecutive branch to get out from under Liberia was negotiated on the assumption need for U.S. security interest. The justifi- commitments it has made. that the United States would make avail- cation, established in the colloquy, would Therefore, I am going to recommend able this volume of assistance. have to be predicated on an "unforeseen that we accept his amendment, which Substantial aid for Liberia has already emergency" in which "vital national securi- I hope will not only send a signal to been furnished in the past eighteen months ty interests of the U.S. are threatened." the Department of State on his par- through other reprogamming and defense This higher standard was agreed to in order stock draw-down requests. Thus, this latest to persuade Senator Zorinsky to delete the ticular problem, but likewise it should reprogramming proposal represents a fur- "notwithstanding" clause contained in his be a warning to the executive branch ther, predictable increment in an expanding original earmark for Nicaragua-an ear- that such conduct will not be tolerated program that has never been presented in a mark, we hasten to note, that was designed in the future. November 10, 1983 CONGRESSIONAL RECORD-SENATE 32023 I am going to recommend that we will complete the master plan for the excess Federal land for airport devel- accept his amendment. development of the airport and Hono- opment is appropriate and desirable if The PRESIDING OFFICER. The lulu International Airport is one of there is an apparent need for such de- question is on agreeing to the amend- only two airports which provides joint velopment. ment of the Senator from Nebraska. use for military and civilian purposes. Mr. President, the need clearly The amendment (No. 2591) was This is a good amendment. I urge its exists in Hawaii. I believe that GSA agreed to. adoption. has not acted in a reasonable manner Mr. ZORINSKY. Mr. President, I Mr. President, I urge my colleagues with respect to the Hickam property. move to reconsider the vote by which to take favorable and expeditious In fact, the State has been forced to the amendment was agreed to. action on this amendment which I seek court action on this matter. Our Mr. DECONCINI. Mr. President, I have offered in behalf of Mr. INOUYE, amendment will give the State of move to lay that motion on the table. and myself. Hawaii more time to seek an equitable The motion to lay on the table was Our amendment would prohibit the resolution of this matter and I urge agreed to. expenditure of funds for use by the my colleagues to adopt the amend- AMENDMENT NO. 2592 General Services Administration ment. (Purpose: To prohibit the General Services (GSA) for the sale or disposition of Mr. INOUYE. Mr. President, I rise Administration from using any appropri- the Hickam Air Force Base Adminis- to speak in favor of an amendment I ated funds for selling or otherwise trans- trative Annex, unless such sale or am offering with my colleague from fering the Hickam Air Force Base Admin- transfer is made to the State of Hawaii, Mr. MATSUNAGA, to the meas- istrative Annex to anyone other than the Hawaii for airport development pur- State of Hawaii or its agencies for airport ure before us which would prohibit poses. the General Services Administration development purposes) of Hawaii has, for some The State (GSA) from selling or otherwise Mr. MATSUNAGA. Mr. President, I to this prop- dis- time, sought to gain title posing of the Hickam Air Force Base have an amendment at the desk and of a new inter- erty for development administrative annex except to the ask for its immediate consideration. island terminal complex at Honolulu The PRESIDING OFFICER. The International Airport. In 1968, the State of Hawaii for airport develop- amendment will be stated. State completed a master plan for air- ment purposes. The assistant legislative clerk read port development at Honolulu Inter- The Hickman administrative annex as follows: national Airport. Since that time, the is a 3.4-acre parcel of surplus Federal The Senator from Hawaii (Mr. MATSU- State has been able to secure the property which the State of Hawaii re- NAGA)for himself and Mr. INOUYE proposes transfer of several parcels of land nec- quires for the expansion of the Hono- amendment No. 2592. essary for the planned development. lulu International Airport. The airport Mr. MATSUNAGA. Mr. President, I The sole remaining parcel of land is is one of two joint military-civilian use ask unanimous consent that the read- the 3.41 acres, which is the subject of airports in the United States and since ing of the amendment be dispensed this amendment. This parcel is critical 1956 has been subject to an agreement with. to the completion of the proposed between the military and the govern- The PRESIDING OFFICER. With- inter-island airport expansion. ment of Hawaii providing for the coop- out objection, it is so ordered. Accordingly, in 1981, the State sub- erative exchange of land to facilitate The amendment is as follows: mitted an application to the Federal the orderly growth of necessary air At the appropriate place, insert the fol- Aviation Administration (FAA) for a transportation facilities. Pursuant to lowing: cost-free transfer of the Hickam this agreement and the Airport and No funds made available by this or any Annex. This application was made in Airways Development Act, which ex- other Act may be expended by the General compliance with the provisions of the pressly embodies a legislative commit- Services Administration to sell, dispose, Airport and Airway Development Act ment to the utilization of excess Fed- transfer, donate, or lease the real property of 1970 which specifically mandates eral property for local and State air- and improvements known as the Hickam Air port development, the State has devel- Force Base Administrative Annex (identi- the transfer of unneeded Federal fied by the General Services Administration lands to appropriate public agencies oped a federally approved airport control number 9-D-HI-477-B) unless such for airport development. In this case, master plan which anticipates the re- sale, disposal, transfer, donation, or lease is the FAA did, in fact, approve Hawaii's ceipt of excess Federal lands and ac- to the State of Hawaii or any agency there- application and requested that the commodates Federal needs and con- of for use for airport development purposes. land be conveyed to the State at no cerns. Mr. MATSUNAGA. Mr. President, cost. Pursuant to this plan, in February of this is an amendment I am offering in In spite of FAA approval, the GSA, 1981, the State made application to behalf of Senator INOUYE and myself. which now has control of the land, has the Federal Aviation Administration It has been cleared by Senator DECON- persistently refused to give Hawaii (FAA) for a cost-free transfer of the CINI and Senator ABDNOR on both title to the property. The GSA main- Hickman property pursuant to the sides, the ranking minority member tains that, by virtue of the 1949 Sur- Airport and Airways Development Act and the chairman of the subcommittee plus Property Act which gives GSA of 1970, which provides that Federal of jurisdiction, and it has also been ac- discretion in determining the terms of agencies are "authorized and directed" cepted by the floor managers on both conveyance of surplus Federal lands, it to transfer excess Federal lands rea- sides. is not bound by the terms of the 1970 sonably necessary for airport develop- It is an amendment to prohibit the Airport and Airway Development Act. ment. In September of that year, the expenditure of funds for use by the Mr. President, the entire Hawaii con- FAA approved Hawaii's application GSA for the sale or disposition of the gressional delegation has supported and requested that the U.S. Air Force, Hickam Air Force Base administrative the State in its attempt to secure title the agency then in control of the land, annex unless such sale and transfer is to this property so as to complete the convey the title to the State "without made to the State of Hawaii for air- new airport terminal complex. The consideration other than the benefits port development purposes only. delegation is in agreement that the to accrue to the public and the United This is in accordance with the use of this property for the inter- States by virtue of the use of the land master plan which was designed for island terminal complex is the best for public airport purposes." the Honolulu International Airport possible use of the property. More- The Air Force, however, pursuant to and has been approved by the FAA. over, it is clearly congressional intent, the direction of the General Services Property owned by the Navy has al- as expressed in the Airport and Administration (GSA), transferred ready been transferred. This is the last Airway Development Act, that the control of the parcel to the GSA. Sig- piece of property, 3.4 acres, and which cost-free or discounted transfer of nificantly, the U.S. Navy, understand- 32024 CONGRESSIONAL RECORD-SENATE November 10, 1983 ing itself to be bound by the Airport The amendment is as follows: The PRESIDING OFFICER. Is Act, has, in the identical circum- At the end of the joint resolution, add the there objection to amending the stances, transferred excess property to following: agreed upon amendment? the State of Hawaii rather than the SEC. . None of the funds appropriated by Mr. DECONCINI. Mr. President, I GSA. this joint resolution or any other Act shall am sorry. We have not been briefed on Since its receipt of the Hickman be available to the Securities and Exchange the amendment. May the Senator property, the GSA has repeatedly re- Commission to implement the amendments send it? adopted on September 23, 1983 (48 F.R. Mr. JOHNSTON. Mr. President, will fused requests by the State and the 44467), with respect to forms and regula- FAA that Hawaii be given title to the tions pertaining to the disclosure of execu- the Senator from Arizona yield? property. Instead, it asserts that it is tive remuneration, or to otherwise amend or Mr. DECONCINI. I am glad to yield. not subject to the Airport and Airways revise the forms and regulations pertaining Mr. JOHNSTON. Mr. President, the Act and that the parcel is not an ap- to the disclosure of executive remuneration amendment drawn at the request of propriate object of any discounted which were in effect immediately prior to the Senator from Virginia makes no conveyance despite express Federal such amendments. substantive change. I believe it is a recognition of the State's need, the ap- This provision shall remain in effect technical change to put in a date in propriateness of the proposed use, the through September 30, 1984. the second paragraph where one did Federal benefit, and the existing stat- Mr. METZENBAUM. Mr. President, not previously exist. It puts the word utory mandate. this is an amendment that has to do existing in. I think it carries out the It is currently the posture of the with some rules and regulations at the intent of the original amendment. GSA that the parcel is to be sold at SEC that the SEC has indicated they The PRESIDING OFFICER. The public auction or for its fair market intend to put out having to do with clerk will report the amendment. value through negotiation. Despite the question of providing lesser The assistant legislative clerk read protests by Hawaii's congressional del- amount of information to stockholders as follows: egation, an initial attempt at a public in corporations. The Senator from California (Mr. sale was made and failed only for want I have discussed the subject with the WILSON) proposes an amendment numbered of a satisfactory bid. The State of Member of the Senate who has juris- 2594 to the Johnston amendment numbered Hawaii has since filed a suit seeking to diction over this matter. To the best of 2584, previously agreed to. compel a cost-free or discounted trans- my information and knowledge he has Mr. WILSON. Mr. President, I ask fer. no objection to it. unanimous consent that further read- Regardless of the outcome of the I hope that the managers of the bill ing of the amendment be dispensed court action, it is my conviction that will see fit to accept it. with. the GSA, in its zeal to obtain maxi- The PRESIDING OFFICER. If The PRESIDING OFFICER. With- mum profit from the sale of surplus there be no further discussion of the out objection, it is so ordered. lands, has wrongfully ignored the ex- amendment, the question is on agree- The amendment is as follows: press intent of Congress and violated ing to the amendment of the Senator Upon application, prior to January 1, the reasonable and honest expecta- from Ohio. 1984, by a subsidized U.S.-flag liner compa- tions of the State of Hawaii. I do not The amendment (No. 2593) was ny holding a written option to purchase, ex- believe that this should be permitted agreed to. ecuted prior to November 16, 1983, the Sec- support shall permit the and, therefore, request the Mr. METZENBAUM. Mr. President, retary of Transportation body for the pro- acquisition of no more than four existing and approval of this I move to reconsider the vote by which posed amendment. foreign-built vessels for operation under The PRESIDING OFFICER. If the amendment was agreed to. U.S. flag, and shall require conversion of there be no further debate on the Mr. HATFIELD. Mr. President, I two such vessels in a U.S. shipyard. Upon move to lay that motion on the table. application prior to June 1, 1984, by a subsi- amendment, the question is on agree- dized U.S.-flag liner company which has ing to the amendment of the Senator The motion to lay on the table was agreed to. taken delivery from U.S. shipyards of new from Hawaii. U.S.-built liner vessels that were introduced The amendment (No. 2592) was The PRESIDING OFFICER. The into subsidized service within 2 years pre- agreed to. Senator from California is recognized. ceding the date of enactment of this Act, Mr. MATSUNAGA. Mr. President, I AMENDMENT NO. 2594 the Secretary of Transportation shall move to reconsider the vote by which Mr. WILSON. Mr. President, thank permit the acquisition of no more than two the amendment was agreed to. you. existing foreign-built vessels for operation under U.S. flag, and shall require conversion Mr. HATFIELD. Mr. President, I Mr. President, I hope to not detain of one such ship in a U.S. shipyard. Upon move to lay that motion on the table. the Senate but briefly. acquisition and documentation under the The motion to lay on the table was I have two quick matters. laws of the United States, these vessels shall agreed to. First, I ask unanimous consent to be deemed to have been United States built AMENDMENT NO. 2593 offer a technical amendment that will for purposes of Title VI of the Merchant (Purpose: To prohibit the implementation accommodate the concern of the Sena- Marine Act, 1936, as amended, Section of changes to the executive remuneration tor from Virginia that the language be 901(b) of said Act, and Chapter 37 of Title disclosure requirements which were in clarified in the amendment that I of- 46, United States Code. effect prior to September 23, 1983) fered earlier to the perfecting amend- The PRESIDING OFFICER. The Mr. METZENBAUM. Mr. President, ment of the Senator from Louisiana. question is on agreeing to the amend- I send an amendment to the desk and The effect of this would be simply to ment. ask for its immediate consideration. make clear that what was intended The amendment (No. 2594) was The PRESIDING OFFICER. The was the acquisition by the American agreed to. amendment will be stated. Presidents Line of existing foreign- Mr. JOHNSTON. I move to reconsid- The assistant legislative clerk read built vessels and extends the time er the vote by which the amendment as follows: which applications might be made to was agreed to. The Senator from Ohio (Mr. METZENBAUM) June 1 rather than January 1, 1984. Mr. HATFIELD. I move to lay that proposes an amendment numbered 2593. This language has been agreed to by on the table. Mr. METZENBAUM. Mr. President, the Senator from Louisiana. The motion to lay on the table was I ask unanimous consent that the As I say, it is at the request of the agreed to. reading of the amendment be dis- Senator from Virginia. I know of no AMENDMENT NO. 2595 pensed with. opposition. Mr. WILSON. Mr. President, the The PRESIDING OFFICER. With- I ask unanimous consent that the second matter is one that I ask the out objection, it is so ordered. amendment may be offered. Senate to support in the interest of November 10, 1983 CONGRESSIONAL RECORD-SENALTE 32025 honoring a request from the city of The PRESIDING OFFICER. The specifically provided for in this joint resolu- San Francisco for emergency relief. question is on the amendment. tion, which were provided for in H.R. 4139, The nature of the relief that they are Mr. DECONCINI. Mr. President, I the Treasury, Postal Service and General seeking is this: Members will recall, I would like to address a question to the Government Appropriation Act, 1984, as sure, that last winter California passed the House of Representatives on Oc- am Senator from California. Is this the tober 27, 1983, to the extent and in the was battered by rather cruel storms up Fisherman's Wharf amendment? manner provided for in such Act, and at a and down the coast, including the bay Mr. WILSON. Yes. rate for operations as was provided for in S. area. The need for a breakwater-- Mr. DECONCINI. And it is a break- 1646, the Treasury Postal Service and Gen- Mr. HATFIELD. Will the Senator water that has come under damage be- eral Government Appropriation Bill, 1984, yield? cause of the recent storms there? as reported to the Senate (S. Rept. 98-186) Mr. WILSON. Certainly. Mr. WILSON. It is a breakwater on July 20, 1983." Mr. HATFIELD. Mr. President, this that has been required to prevent Mr. HATFIELD. Mr. President, amendment has been reviewed on both future damage. what this amendment does is simply to sides of the committee and we are will- Mr. DECONCINI. Is there a cost on move the language around within the ing to take it to conference. this? bill. There is no change in the bill The PRESIDING OFFICER. The Mr. WILSON. Yes; $18 million. That whatsoever. Because we have adopted amendment has not yet been reported. is not contained in this legislation. the House Treasury bill and the The clerk will report. Mr. DECONCINI. How much is in Senate Treasury bill as matters for The assistant legislative clerk read this legislation? conference, we have to move some lan- as follows: Mr. WILSON. Not 1 penny. guage around within the bill in order The Senator from California (Mr. Mr. DECONCINI. It is the authoriza- to put it in the proper sequence. WILSON) proposes an amendment numbered tion? Mr. SARBANES. Does this have to 2595. Mr. WILSON. It is the authoriza- do with the figures? Mr. WILSON. Mr. President, I ask tion. Mr. HATFIELD. This is on the unanimous consent that further read- Mr. JOHNSTON. Mr. President, we matter of rate of operations for the ing of the amendment be dispensed have reviewed this in the Energy and Treasury-Postal Service. with. Water Subcommittee on the minority Mr. SARBANES. I thank the Sena- The PRESIDING OFFICER. With- side. Even though it is an authoriza- tor. out objection, it is so ordered. tion, we think it is a worthy one and The PRESIDING OFFICER. The The amendment is as follows: ought to be approved. question is on agreeing to the amend- In the appropriate place in the resolution The PRESIDING OFFICER. The ment. add the following: question is on agreeing to the amend- The amendment (No. 2596) was The project for navigation, San Francisco ment. agreed to. Harbor, California-Fisherman's Wharf The amendment (No. 2595) was Area: is hereby authorized to be prosecuted agreed to. AMENDMENTNO. 2597 by the Secretary substantially in accordance Mr. WILSON. I move to reconsider Mr. HATFIELD. Mr. President, I with the plans and subject to the conditions was send a second technical amendment to recommended in the report of the Chief of the vote by which the amendment agreed to. the desk and ask for its immediate Engineers, dated February 3, 1978, as consideration. amended by the supplemental report of the Mr. HATFIELD. I move to lay that Chief of Engineers dated June 7, 1979. motion on the table. The PRESIDING OFFICER. The Within available funds, the Corps of Engi- The motion to lay on the table was clerk will report. neers should proceed with the construction agreed to. The assistant legislative clerk read of the project. Mr. HELMS. Mr. President, I have as follows: The PRESIDING OFFICER. The an amendment at the desk which has The Senator from Oregon (Mr. HATFIELD) question is on the amendment. been sitting there since last evening proposes an amendment numbered 2597. that I now call up and ask for its im- On page 1, strike out lines 3 through 6, in- Mr. METZENBAUM. Mr. President, clusive. I do not have any objection to dispens- mediate consideration. ing with the reading of the amend- Mr. HATFIELD. Mr. President, I Mr. HATFIELD. Mr. President, ments, but we have had the first wonder if the Senator would yield for what this does is change the date for amendment and now the second two technical amendments? the continued resolution from the amendment, and the Senator has not Mr. HELMS. Yes; I would be happy House date, which is in February, to told us what is in the amendment. If to yield. the end of the fiscal year. This has he would just let us have some advice Mr. HATFIELD. I thank the Sena- been cleared on both sides. on it. tor. The PRESIDING OFFICER. The Mr. WILSON. Mr. President, I am AMENDMENT NO. 2596 question is on agreeing to the amend- happy to tell my friend from Ohio Mr. HATFIELD. Mr. President, I ment. that the purpose is to allow what is send to the desk the first of two tech- The amendment (No. 2597) was contained in other legislation, notably nical amendments and ask for its im- agreed to. the authorization bill by Senator mediate consideration. Mr. HATFIELD. I thank the Sena- ABDNOR, in which his committee could The PRESIDING OFFICER. The tor from North Carolina. go forward at this time in order to clerk will report. Mr. HELMS. The Senator is quite achieve an advance in the date of con- The assistant legislative clerk read welcome. struction of a breakwater for which as follows: The PRESIDING OFFICER. The the funding is contained in another The Senator from Oregon (Mr. HATFIELD) Senator from North Carolina. appropriations measure. What we are proposes an amendment numbered 2596. AMENDMENT NO. 2598 trying to avoid is a situation which oc- Mr. HATFIELD. Mr. President, I ask (Purpose: To protect the liberty of citizens curred last year when the storms in unanimous consent that further read- in maintaining religious and private California brought great damage. This ing of the amendment be dispensed schools against bureaucratic and judicial is to authorize a breakwater for which with. encroachments) funding is contained in companion leg- The PRESIDING OFFICER. With- Mr. HELMS. Mr. President, the pur- islation. out objection, it is so ordered. pose of this amendment, the religious Mr. METZENBAUM. I thank the The amendment is as follows: liberty amendment, is to respond to Senator from California. On page 1 after line 6 insert the following: the continuing and unwarranted har- Mr. WILSON. I thank the Senator "(f) Such amounts as may be necessary assment of nondiscriminatory Chris- from Ohio. for continuing the activities, not otherwise tian schools.

11-059 0-87-5 (Pt. 23) 32026 CONGRESSIONAL RECORD-SENATE November 10, 1983 The PRESIDING OFFICER. The entitled "Proposed Revenue Procedure submit to their religious beliefs. That Senator will please withhold. The on Private Tax-Exempt Schools" (44 being the case, the only way for such clerk has not reported the amend- F.R. 9451 through 9455, February 13, schools to comply with affirmative ment. 1979, F.R. Document 79-4801), and action guidelines would be to water The clerk will report the amend- proposed revenue procedure 4830-01 down their religious requirements and ment. of the Internal Revenue Service enti- lose their identities as religious The assistant legislative clerk read tled "Proposed Revenue Procedure on schools. as follows: Private Tax-Exempt Schools" (43 F.R. Mr. President, my amendment as- The Senator from North Carolina (Mr. 37296, through 37298, August 22, 1978, sures that for schools with a nondis- HELMS), for himself and Mr. DENTON, pro- F.R. Document 78-23515), or parts poses an amendment numbered 2598. criminatory policy as to the students, thereof. as defined in Revenue Ruling 71-447, The proposed IRS procedures are Mr. HELMS. Mr. President, I ask the IRS will not be able clearly affirmative action regulations to apply a unanimous consent that further read- blanket and effective quotas that place tax- presumption of guilt as a con- ing of the amendment be dispensed voluted excuse for denying with. exempt schools under a presumption a nondis- criminatory school a tax exemption. The PRESIDING OFFICER. With- of guilt, requiring them to prove their out objection, it is so ordered. innocence. These regulations are so Mr. President, the question is rele- The amendment is as follows: harsh and unfair that churches and vant as to which came first, the whole- sale At an appropriate place in the joint reso- schools could lose their tax exemption breakdown of moral values in our lution, add the following: even though they may have never society or the collapse of these values SEC. . None of the funds made available turned away even one minority stu- in our schools? Millions of Americans under this joint resolution may be used to dent. pray every day for a rebirth of the carry out such provisions as are found in Second, the amendment would pre- spiritual values that made us a nation proposed revenue procedure 4830-01-M of vent the funding of any IRS activity in the first place. If the spirit of God the Internal Revenue Service entitled "Pro- were to rouse posed Revenue Procedure on Private Tax- to deny tax exemptions to schools 200 million Americans to Exempt Schools" (44 F.R. 9451 through merely because they were established action, there is no describing the 9455, Februray 13, 1979, F.R. Document 79- or expanded at a certain time or in a greatness in store for this country, or 4801), and proposed revenue procedure certain locality. Such a blanket pre- the blessings forthcoming to nations 4830-01 of the Internal Revenue Service en- sumption of guilt is alien to American now held captive-if and when, once titled "Proposed Revenue Procedure on Pri- concepts of due process of law, yet we again, our Nation is rededicated to the vate Tax-Exempt Schools" (43 F.R. 37296, have seen resort to such draconian cause of freedom under God's law. through 37298, August 22, 1978, F.R. Docu- measures in the ment 78-23515), or parts thereof. Green and Wright Mr. President, religious schools and SEC. . None of the funds made available cases in recent years. church-operated schools across this under this joint resolution may be used to The decisions in those cases failed to land seek to foster in their young stu- carry out any regulation, requirement, recognize that the time when most dents the spiritual and moral values policy, procedure, or court order that, on ac- school districts were being desegregat- which made the United States a leader count of the date of a church's or school's ed was also the time when the Su- of nations. Sadly, establishment or expansion or of its geo- Mr. President, our preme Court outlawed Bible reading, Nation's private, religious, and church- graphical location, creates a legal inference prayers, and religious practices or presumption of racial discrimination by in operated schools have come under con- any church or any religious, church-operat- public schools. Sociological reports stant attack from the Federal bu- ed, or private school having a racially non- and university studies show that most reaucracy. discriminatory policy as to students, as de- of the church schools established in The Internal Revenue Service first fined in Revenue Ruling 71-447. the past 20 years were founded in launched its full-scale attack on our Mr. HELMS. Mr. President, let me direct response to these decisions of Nation's private schools and religious the stress at the outset that we are not Supreme Court. schools in 1978. In its proposed reve- Those who automatically talking about any school that has had assume nue procedure of August 22, 1978, the that these schools were founded for the first vestige of a suggestion that it IRS placed thousands of innocent pri- has been discriminatory in any way. discriminatory purposes simply fail to vate and religious schools across take into account how disturbed many the This amendment represents a new Nation under a presumption of guilt parents were when the Federal courts of version of the Ashbrook-Dornan racial discrimination. These schools effectively secularized the public amendment of past years which were required to prove their innocence became the law of the land. The pend- schools. Many of these parents strong- by implementing such as racial quotas ing version, however, contains signifi- ly believe that education is, by its and affirmative action programs. cant changes to insure that the deci- nature, inherently religious. In re- After a nationwide sion of the Supreme Court in the Bob sponse to the court decisions they protest erupted, Jones case will not-and I repeat for founded schools that reflect their the IRS responded in February 1979, emphasis-will not be affected. Al- views-schools that are primarily reli- with a proposal that was still more though I disagree with the Supreme gious in nature-schools that are, vague and arbitrary. It was hardly re- Court's majority opinion in that case more often than not, attended by assuring to the American public when and share the dissenting opinion of pupils from the same church, and the IRS announced that it alone Mr. Justice Rehnquist, I carefully de- where the doctrines and belief systems would determine the guilt or inno- signed the pending amendment to of that particular church are inculcat- cence of schools based on all the facts avoid any conflict with the holding of ed. and circumstances. The standards set the Supreme Court's majority. To require religious academies of forth were wholly subjective and ca- Now I am perhaps repeating this to this type to engage in affirmative pricious leaving private schools and re- the point of being boring, but I want action would be like requiring Hebrew ligious schools to the whim of IRS bu- to make clear the legislative history as schools or Jewish yeshivas to recruit reaucrats, to the intent of the pending amend- Baptist students in proportion to the Mr. President, the verdict was in ment. local population. No matter how ac- before the investigations began. The The religious liberty amendment tively they might attempt to recruit IRS moved to establish Federal con- would do two things. First, as in past such students and faculty, or how trols over private, religious schools, versions of Ashbrook-Dornan, the much money they might spend on re- and churches. Who can say that the amendment would prevent funding of cruitment campaigns, they would be motives of those who conspired to im- the proposed revenue procedure 4830- unlikely to find enough prospective plement this unconstitutional scheme 01-M of the Internal Revenue Service students or faculty members willing to were none other than to cynically vio- November 10, 1983 CONGRESSIONAL RECORD-SENAYTE 32027 late the civil rights of religious minori- cases were later consolidated and with the Green case at this time, and ties, parents, churches, and schools. caused the crisis which exists today. the IRS was especially desirous of With justification, the IRS bears its May 10, 1977-The IRS strongly de- having the Wright case dismissed in full share of the blame for the present fended against the arguments of the order to lose the Green case. The IRS crisis which it helped to create. Yet, Green and Wright plaintiffs. The IRS plan was apparently to get precedent the full story of this sordid matter is a noted that there were many valid rea- established in Mississippi in the Green darker and more complicated chapter sons that a school could be established case which would provoke less nation- on bureaucratic and judicial abuse of or expanded other than an intent to al opposition. After precedent could be power than even the sharpest critics discriminate. established in Mississippi, the stand- of the IRS have revealed. What un- June 28, 1978-The IRS reversed its ards set for that State would be ap- folds is a story of collusive litigation, a position and began to advocate the plied to the entire Nation as the IRS sweetheart suit in which the IRS was same position as the Green and did following the 1971 Green against the defendant. Instead of defending, Wright plaintiffs, that is, that the IRS Connally decision. the agency worked to support the in- should adopt new regulations. The liti- November 26, 1979-Judge George terests of the plaintiffs who were gation became a sweetheart suit at Hart followed the IRS suggestion and suing the agency. this time. The IRS reached an agree- dismissed the Wright case. The ment with the plaintiffs in unethical A review of the history of the well- Wright plaintiffs appealed, but the secret meetings in which the only known Green and Wright cases is in- IRS was not free to proceed to the structive. The plaintiffs asked for third party intervenor in either case Green case. was neither notified of nor allowed to court orders which would have re- November 27, 1979-The IRS filed quired the IRS to implement quotas participate in the lengthy out-of-court settlement. its legal memorandum in the Green and affirmative action guidelines for case that clearly showed its desire to tax-exempt schools that were estab- August 22, 1978-The IRS published proposed lose. This is the smoking gun of the lished or expanded during periods of revenue procedure on tax- exempt schools in the sweetheart suit. The IRS defense desegregation of nearby public Federal Regis- ter in an attempt to settle argued that defendants strongly be- schools. The IRS defended its position the sweet- heart suit; 150,000 letters lieve that additional guidelines in this only during of protest the early phases of this were received by the IRS. area was needed. Furthermore, the litigation, and by 1978, the agency was The IRS held hastily called hearings, but total- IRS claimed that compliance with the actively promoting the cause of its ly disregarded arguments pointing out restrictions may raise serious constitu- supposed adversaries, the Green and its total absence of statutory author- tional questions. Again the IRS argued Wright plaintiffs. ity, constitutional problems, and that the amendments may be over- This became sweetheart litigation at unfair presumptions of guilt which re- come by a court either declaring the its worst. Those participating at one quire harsh quotas and affirmative riders unconstitutional, or interpreting time included IRS officials, attorneys action requirements in order for a the riders narrowly, to permit the im- from the Tax Division of the Justice school to prove its innocence. plementation of new, more stringent Department, the U.S. Commission on February 13, 1979-The IRS pub- rules. These incredible arguments Civil Rights, the old Department of lished its revised proposed revenue were made so that the IRS would lose Health, Education, and Welfare, the procedure for tax-exempt schools in its case. The evidence is clear that the Lawyers Committee for Civil Rights, the Federal Register. It was generally IRS actively promoted the interests of and other attorneys who use the Fed- considered to be worse than the origi- the Green plaintiffs at the expense of eral judiciary as a tool for radical ac- nal proposal because it was more sub- Government interests. tivism. To this must be added the jective and vague, and it indicated a May 5, 1980-Judge George Hart names of judges from the U.S. district total disregard for the legal arguments ruled against IRS in the Green case. court and the U.S. Court of Appeals that were presented against it. Yet, the IRS made no effort to appeal for the District of Columbia who have September 29, 1979-The Treasury because it had wanted to lose. also participated in the sweetheart liti- Appropriations Act containing the June 12, 1980-Judge Hart clarified gation. Ashbrook and Dornan amendments his order of May 5. Mr. President, I now want to go became law. The amendments prohib- July 9, 1980-Judge Hart denied a through briefly what is a long and ited funds for implementation of any motion to intervene by First Presbyte- complicated history of the Green and parts of the proposed revenue proce- rian Church of Jackson Miss. This was Wright litigation. dures. extremely unfair because neither the CHRONOLOGY OF GREEN AND WRIGHT CASES October 25, 1979-The IRS filed a IRS nor the Green plaintiffs had any- What follows is the sequence of the memorandum aimed at getting the thing to lose in the lawsuit, and the most significant developments in the Wright case dismissed so that it could church could lose its tax exemption Green and Wright litigation: lose in Green. The IRS suggested that because of their sweetheart suit. In 1971-The U.S. Supreme Court the court might either declare the July 10, 1980-Assistant IRS Com- upheld the U.S. district court ruling in Ashbrook and Dornan amendments to missioner S. Allen Winbourne filed an Green against Connally that tax ex- be unconstitutional or interpret them affidavit in U.S. district court describ- emptions for private segregated narrowly, to permit the implementa- ing IRS enforcement of the Green schools in Mississippi violate Federal tion of new, more stringent rules. The order. All the activities that he de- public policy. IRS had already made IRS argued that the difficult issues scribed were prohibited by the Ash- the provisions of this order apply to should be more properly addressed in brook and Dornan amendments, and the entire Nation in Revenue Ruling the Green litigation where the ques- they involved substantial illegal ex- 71-447. tion of standing had been decided. penditure of funds. July 23, 1976-The original Green Note: This was the key to the IRS May 14, 1981-After lenghty and in- plaintiffs reopened the case asking for scheme to get the court to order the excusable refusals to allow church a drastic, new order prohibiting tax agency to violate the amendments. schools to intervene in the Green case, exemptions to schools that were estab- The IRS wanted to have the Wright Judge Hart finally allowed Clarksdale lished or expanded during periods of case dismissed because it has a trou- Baptist Church to intervene-another desegregation in nearby public school blesome intervenor, and it would church remains unfairly excluded. districts. excite too much public opposition if an Judge Hart is only allowing "discov- July 30, 1976-The Wright plaintiffs order were immediately handed down ery," however. from six States outside Mississippi which applied to the entire Nation. June 18, 1981-The U.S. Court of filed an almost identical suit. The The Wright case was consolidated Appeals for the District of Columbia 32028 CONGRESSIONAL RECORD-SENATE November 10, 1983 ruled 2 to 1 that the Wright plaintiffs voices were raised appealing to Con- ty in 1975 and earned his law degree have standing to sue the IRS. This re- gress to halt this grab for power. Con- from the University of Virginia in versed Judge Hart's decision of No- gress responded in 1979 with the pas- 1978. He is a member of the Virginia vember 1979, and it means that a court sage of the Ashbrook and Dornan Bar. order for the entire Nation is now dis- amendments which prohibited funds Mr. President, I ask unanimous con- tinctly possible. for implementation of the proposed sent that the Bovard article be printed Currently-The Wright case is pend- regulations. This should have ended in the RECORD. ing before the Supreme Court on the the problem. There being no objection, the article issue of the plaintiffs' standing. In utter contempt of Congress, the was ordered to be printed in the The civil rights of parents, churches, IRS made sweetheart arguments in RECORD, as follows: and schools were clearly violated in the D.C. District Court so that it could THE CHRISTIAN SCHOOL MOVEMENT AND ITS the sweetheart suit by the IRS, Jus- lose in the Green case and be ordered CONFLICT WITH THE INTERNAL REVENUE tice Department, the Green attorneys, to violate both the Ashbrook and SERVICE and the Federal judges who sanc- Dornan amendments. (By Thomas A. Bovard) tioned the staged litigation. It is A Federal court of appeals said that Particularly since 1976, controversy has beyond dispute that the Green case the Ashbrook amendment was not in- raged about tax exemptions for private reli- was collusive, not adversarial, litiga- tended to restrict IRS authority to gious schools. In 1976 the plaintiffs in tion. Judge Hart himself acknowl- carry out court orders. Wright v. Green v. Connally sought to broaden the edged this in the almost identical case Regan, 656 F.2d 820 (1981). In this the scope of an earlier court decision by de- of Wright against Miller. Hart wrote appeals court was in error. Nonethe- manding that the IRS start denying tax ex- on October 25, 1979 that the IRS and less, in order to make it clear that the emptions to schools merely because they Wright plaintiffs seemed closely allied. Ashbrook amendment blocked IRS were established or expanded at the time It is equally true that the IRS and nearby public school districts were desegre- from carrying out such orders, an ex- gating. the Green plaintiffs were closely press prohibition to that effect was and Lengthy court battles followed that court allied. When the House Ways added in 1981 and again is included in decision, but in August 1978, the IRS pro- Means Subcommittee on Oversight my amendment today. posed a set of regulations incorporating the held hearings in February 1979, there Article I, section 9, clause 7 of the demands of the plaintiffs for affirmative was no difference on any major points Constitution vests the appropriation action guidelines and quotas. These regula- in the testimony of the IRS Commis- power of the Federal Government in tions would have not only made it virtually sioner and the Lawyers Committee for the Congress, and in the Congress impossible for affected schools to maintain Civil Rights who were suing the their religious identities, but they were also alone. The Constitution thus clearly so burdensome that implementing them agency on behalf of the Green plain- denies to the courts the power to order tiffs. would have been beyond the financial re- the expenditure of Federal funds sources of most Christian schools. Schools The ranking minority members of where Congress had forbidden that ex- would have been subject to these regula- the House Ways and Means Subcom- penditure. Congress, by these amend- tions even though there was no direct evi- mittee on Oversight with jurisdiction ments, is serving notice on the courts dence of racial discrimination. over the IRS gave five incontrovertible that it is exercising its constitutionally For a number of years, Congress prevent- reasons why the Green case was a col- conferred appropriation power in ed these 1978 regulations from being imple- lusive sham. Congressman PHILIP order to deny the Internal Revenue mented, but Judge George L. Hart, Judge of CRANE noted: the United States District Court for the Dis- Service the authority to impose unnec- trict of Columbia, in a 1980 court ruling has It is beyond dispute that the litigation was essarily burdensome requirements collusive, not adversarial. The evidence is attempted to put them in effect through clear from court records and public state- upon tax-exempt schools. the back door, as it were, ruling that Chris- ments by IRS officials. These amendments provoke no con- tian schools established during periods of First. The IRS publicly advocated the stitutional crisis between the branches desegregation have to submit to cumber- same position as the Green and Wright of Government. To the contrary, the some affirmative action requirements or plaintiffs; namely, that the IRS should Constitution has already settled the lose their exemptions. Under this ruling, the adopt the new regulations. Ciarksdale Baptist Church of Clarksdale, matter most explicity: Congress is to Mississippi, which operates a Christian Second. The IRS agreed to implement the have exclusive power over the purse. proposed revenue procedure in secret meet- school, and which by religious conviction ings with the Green and Wright plaintiffs. If the courts will but respect the Con- does not practice racial discrimination, now The only third party intervenor was unethi- stitution, the crisis evaporates. As faces loss of its tax-exempt status simply be- cally excluded, indeed, he was not even noti- James Madison stated in the 58th Fed- cause it was founded at the wrong time. No fied of these closed meetings to which the eralist: one has attempted to show that the school IRS admitted to having spent "many hun- The power over the purse may, in fact, be actually discriminates. dreds of hours." No disciplinary action has regarded as the most complete and effectual In the past, a number of parties have sug- yet been taken against those attorneys who weapon with which any constitution can gested that the only religious schools participated in this abuse of the interve- arm the immediate representatives of the threatened by the Green case and the IRS nor's rights. people, for obtaining a redress of every regulations were just "segregation acade- Third. The IRS lobbied against the Ash- grievance, and for carrying into-effect every mies" or "white-flight" schools that use reli- brook and Dornan amendments. just and salutary measure. gion as a cloak for racism. What they fail to Fourth. Instead of defending the amend- recognize is that the time that most school ments, the IRS suggested legal interpreta- Mr. President, in passing my amend- districts were being desegregated was also tions that would lead the Federal court to ment, Congress will again be asserting the time when the Supreme Court outlawed ignore the amendments, and cause the IRS its authority as the only branch of Bible reading, prayers, and religious prac- to lose its case. The IRS lost. Government that has the power to tices in public schools. Fifth. The IRS made no effort to appeal legislate and appropriate funds. Pas- Thoughtful and informed discussion of its loss in the Green case because it desired sage of these amendments reaffirms this matter is critical because of its pro- the results obtained by losing. found implications for all religious private When like-minded plaintiffs and defend- the principle that Congress, not the schools. I hope, therefore, to set the record ants use the Federal judiciary to obtain mu- Federal courts, has exclusive power of in this area straight and shed some light on tually desired results, it should attract the the purse. the discussion by showing the real nature of attention of Congress. Whenever such sham Mr. President, Thomas A. Bovard, a the Christian School movement and its con- litigation is used to usurp the legislative au- fine young attorney who serves as flict with the IRS. thority of Congress, strong action is re- counsel to the Judiciary Subcommit- I. THE BIRTH OF THE MOVEMENT: A RESPONSE TO quired. tee on Separation of Powers, has writ- THE INCREASING SECULARIZATION OF THE After the IRS first published its pro- ten an informative article on the PUBLIC SCHOOLS posed revenue procedure for tax- Christian schools movement. Mr. The organizations that run religious exempt schools on August 22, 1978, Bovard graduated from Yale Universi- schools adversely affected by the IRS regu- November 10, 1983 CONGRESSIONAL RECORD-SENATE 32029 lations are not the simple white-flight stemming from these philosophical differ- complain of the virtual disappearance of the schools they are so often protrayed to be. ences: pledge of allegiance from the public schools. Overbroad IRS regulation has in fact "Fundamentalist educators perceive a A few are troubled by sex education. Such threatened a huge number of religious basic philosophical difference between changes are seen by fundamentalist parents schools of every denomination and faith. In themselves and the leaders of public educa- as direct assaults on God and country, the recent years, with the advent of what many tion. Like the seventeenth-century Puritans, pillars of their universe. view as conscious hostility toward religion they believe in the 'innate depravity of "On another level, parents are displeased and religious values in the public schools, man.' Because they believe that the corrupt with what they've seen or experienced as parents, in increasing numbers, have been nature of humanity can be changed only the declining academic standards of the removing their children from public schools through a supernatural infusion of Divine public schools. They recite the familiar and placing them in newly created or ex- grace, religious 'conversion' becomes the litany of open classrooms, curriculum fads, panded religious schools. Removal of the basis of all education. Furthermore, since widespread social promotion, declining test Bible and prayer from public schools was, human nature is utterly depraved, children scores, and illiterate high school graduates. for many religious groups, the final impetus require strict supervision and authoritarian Neither products of higher education them- for choosing an alternative system of educa- guidance if they are not to be overcome by selves nor especially concerned that their tion. Satin and the evil within their own nature. children be, the salesmen, millworkers, and Several articles and studies undercut the "Fundamentalists see public education, by auto mechanics who send their children to schools popular equation of "Christian" contrast, as proceeding on John Dewey's Christian schools are particularly incensed In 1979 William that human nature is basically with "white-flight" schools. conviction that the public system does such a poor job published a doctoral disserta- good, that students will naturally seek the Lloyd Turner of teaching the basics, and they point with tion on this issue at the University of Wis- highest and best if left to themselves, and pride to the impressive record of the Chris- consin at Madison entitled, "Reasons for the adversary is therefore not Satan or an tian schools in teaching reading and math Enrollment in Religious Schools: A Case evil nature but poverty, ignorance, and prej- skills. In every school I visited, Study of Three Recently Established Fun- udice. Fundamentalists try to approach the four-year- damental Schools in Kentucky and Wiscon- educational task from a different philosoph- olds were prepared so that by the first grade sin." Later, writing for the February 1980 ical perspective, using different methodolo- most were reading above grade level." issue of Phi Delta Kappa, with Virginia gy and pursuing different goals. Typical of the situation that brought most Davis Norden, professor of Law and Higher "Because they perceive that the Protes- of the parents to enroll their children in Education, Turner summarized the results tant ethnic has disappeared from public Christian schools was the situation that of his study in an article entitled, "More education philosophy, fundamentalists have faced one family: than Segregation Academies: The Growing voiced an increasing nostalgia and a desire "... One young mother in Charlotte ex- Protestant Fundamentalist Schools." He to return to the practices of former days. plained why, after two and a half years in found that, while some of the Kentucky One hears frequent references to the 'old- the public schools, she had decided to schools appeared to have profited by wide- time religion,' 'old-fashioned' virtues, and change to a Christian school. She had been spread opposition to racial integration, simi- the 'faith of our fathers.' This has produced quite pleased with the desegregated public lar growth of fundamentalist schools in schools that attempt to create the environ- school her son had gone to for first and rural Wisconsin, where integration was not ment of past generations. 'Rock' music, second grade, but the following year the a factor, indicated that "Christian" educa- movies, and most television programs are family moved, and he had to attend a differ- tion was a national, not a regional, phe- forbidden; hair and clothing styles resemble ent school-which she felt was academically nomenon. those of a bygone era; textbooks stress 'tra- inferior and rife with petty thievery and Turner noted that "Christian" schools in ditional' concept in math, while education vandalism. But the last straw, she told me, both states, unlike the "segregation acade- gets 'back to the basics.' Sex roles are sharp- was when she discovered that each day the mies" that sprang up in some areas of the ly defined, and school policies are enforced children were allowed to play records for an South, appeared not to attract students through the administration of corporal pun- hour, and her 9-year-old son had become in- from a cross section of the community. In- ishment by an authoritarian teacher or fatuated with a rock group specializing in stead parents who enrolled their children in principal."-Phi Delta Kappa, supra at 392- ghoulish costumes, demonic lyrics, and vom- these schools tended to come from churches 93. iting blood on its fans. Over the Christmas of the sponsoring denomination or from Peter Skerry, who for 17 days during Feb- holidays she and her husband placed the churches holding similar doctrinal positions. ruary 1979, visited Christian schools scat- child in a Christian school."-Id. at 27. Even more significantly the percentage of tered across the central Piedmont region of According to Skerry none of the schools students in the two fundamentalist schools North Carolina made a similar analysis in he visited displayed the least evidence that who were subject to busing during the cur- an article in the fall 1980 issue of Public In- racist attitudes are taught. All had open ad- rent school term was smaller than the per- terest entitled "Christian Schools Versus missions policies and in several schools centage of such students in the general pop- the IRS." His conclusion from his experi- black children were enrolled. He contrasted ulation. Turner found that only one of the ence was that "skepticism toward the reli- with the Christian schools the segregation 68 families surveyed in the Louisville funda- gious orientation of these schools is alto- academies that appeared in response to the mentalist schools was using the non-public gether unwarranted, and furthermore, that first southern desegregation orders and that schools as a "haven" to avoid busing for one the effort is altogether unwarranted, and were supported by direct tuition grants, year. furthermore, that the effort to reduce their textbooks, and transportation supplied by The schools surveyed were geographically emergency to a matter of racism is a gross the states. The Christian schools, by con- distant and had differing cultural back- oversimplification." (Skerry, "Christian trast, exist solely through the voluntary ef- grounds, two in Louisville, Kentucky and Schools versus the I.R.S.," Fall 1980, at 19). forts of the congregation that supports one in Madison, Wisconsin. In both cities, In his article he described the religious them, and are part not of resistance to seg- however, fundamentalist parents gave the orientation of those largely Independent regation but of a general resurgence of con- same reasons for withdrawing their children Baptist schools and how they are run by the servative and fundamentalist churches from public schools: same officers as those of the sponsoring throughout the country. alleged poor aca- church. Generally too poor to hire suffi- "Most frequently they II. THE CHRISTIAN SCHOOL MOVEMENT COMES demic quality of public education, a per- cient outside help, they rely on parental ini- INTO CONFI,ICT WITH THE INTERNAL REVENUE ceived lack of discipline in public schools, tiative and sacrifice to keep both the church SERVICE and the fact that public schools were be- and its school ministry functioning. Parents lieved to be promulgating a philosophy of not only pay what for them is a budget- The unprecedented movement to found secular humanism that these parents found straining tuition; they work in the schools religious private schools in the past decades inimical to their religious beliefs." often serving as teacher aides, secretaries, has been accompanied by a growing number In both communities the respondents did cafeteria workers, or bus drivers. Skerry of lawsuits testing the government's right to oppose interracial marriage, but, Turner then summarized the reasons why these regulate or impose standards on religious concluded, the real motivation for founding parents reject the public school system: schools in a multitude of areas including and maintaining the schools appeared to be "When asked specifically why they reject curriculum, labor relations, unemployment the belief held by many evangelical Protes- the public schools, parents make it clear insurance and zoning. (See State v. Wisner, tants that public schools now espouse a phi- they need the Christian schools as much as 351 N.E. 2d 750 (1976); NLRB v. Catholic losophy that is completely secular, perhaps the schools need them. Most frequently Bishop, 440 U.S. 490 (1979); Grace Brethren even antireligious. Turner want on to elabo- cited is the Supreme Court's 1963 school- Church v. California,No. 79-93 (C.D. Cal. rate on the philosophical differences be- prayer ban. A few parents mention a recent Sept. 24, 1979); and City of Concord v. New tween fundamentalist and public schools controversy over the singing of Christmas Testament Baptist Church, 118 N.H. 56, 382 and to describe the practical consequences carols in public school assemblies. Many A. 2d 377 (1978)). 32030 CONGRESSIONAL RECORD-SENATE November 10, 1983 Perhaps no controversy has received so dened many more institutions than those sions of the Supreme Court. Those who much attention, however, as that involving that were clearly guilty of racial discrimina- assume that these schools were founded for the proposed guidelines that were supposed tion. Perhaps the most egregious require- discriminatory reasons simply fail to take to determine "whether certain private ment was the requirement that schools give into account how disturbed many parents schools have racially discriminatory policies financial assistance to minority students. As were when the federal courts effectively sec- as to students and therefore are not quali- Skerry pointed out in his article, the fami- ularized the public schools. Many parents fied for tax exemption under the Internal lies who send their children to Christian strongly believed that education is, by its Revenue Code." The guidelines stated: schools are of modest means and the schools nature, inherently religious, and, in re- "A prima facie case of racial discrimina- themselves live a hand-to-mouth existence sponse to the court decisions they founded tion by a school arises from evidence that relying on tuition payments to cover operat- schools that reflect their views-schools the school (1) was formed or substantially ing expenses. Requiring such schools to that are primarily religious in nature- expanded at or about the time of desegrega- award such financial aid would be tanta- schools that are, more often than not, at- tion of the public schools, and (2) has an in- mount to requiring them to close down. tended by pupils from the same church and significant number of minority students. In How effective such an assistance program where the doctrines and belief systems of such a case, the school has the burden of would be even if it were economically feasi- that particular church are inculcated. To re- clearly and convincingly rebutting this ble, would, moreover, be open to question. quire religious academies of this type to prima facie case of racial discrimination by The nations traditional preparatory schools engage in affirmative action would be like showing that it has undertaken affirmative which can afford to offer significant requiring Hebrew schools or Jewish yeshi- able to attract steps to secure minority students. Mere amounts of aid have been vas to recruit black students in proportion to account for 4 denial of a discriminatory purpose is insuffi- only enough black students to the surrounding population. No matter of their total enrollment. (Id. at 32). cient." percent how actively they might attempt to recruit misguided is the requirement that The IRS went on to define "an insignifi- Also minority students and faculty, or how much recruit minority teachers. cant number of minority students" as "less Christian schools on recruitment of secondary money they might spend than twenty percent of the percentage of Academic qualifications are campaigns, they would be unlikely to find in the importance to the schools. Their first con- the minority school age population enough prospective minority students or by the school." Schools cern is that the teachers believe in accord- community served faculty members willing to submit to their which such a prima facie case had ance with the congregation's doctrinal state- against religious strictures. That being the case, the been established-the so-called "reviewable ment. (Id. at 25). Most of these schools fur- only way for them to comply with affirma- schools"-would lose not only their exemp- thermore, adopt a "principle of separation" action guidelines would be to water tion from Federal taxes (including social se- that requires teachers to reject such worldly tive down their religious requirements and lose curity and unemployment contributions), habits as tobacco, alcohol, drugs, card play- but, of more critical importance, the right ing, gambling, dancing, coed swimming, lis- their identities as religious schools. of individual donors to deduct charitable tening to rock music, going to movies, and in Mr. HELMS. Mr. President, I do contributions to the schools from their fed- some cases, watching television. (Id. at 23). hope that the manager of the bill will eral income taxes. With these regulations Skerry observed that the typical salary in accept this amendment. If not, I will the schools he visited was around $6000 for the IRS proposed to remove tax exemption ask for the yeas and nays. not after detailed inquiry and formal pro- the academic year, easily half of public ceedings, but through summary administra- school salaries. Not only that, the schools Mr. BRADLEY addressed the Chair. tive action triggered by an arbitrarily estab- offer their faculty no benefits such as medi- The PRESIDING OFFICER. The lished quota. cal or life insurance or retirement plans. (Id. Senator from New Jersey. Assuming in advance the guilt of reviewa- at 25). It seems highly doubtful that many Mr. BRADLEY. As I understand the ble schools, the agency placed the full educated minority teachers would consent amendment, it is essentially similar to burden on the schools to prove innocence of to the strictures Christian schools place on one he offered last year, in 1982. The discrimination. Small and struggling institu- their staff or would accept the low salaries tions like those described by Peter Skerry, these institutions offer. Senate did agree to a tabling motion supra, would have been forced not only to Finally, the idea of requiring Christian offered by Senator MOYNIHAN 61 to 29. undergo the expense of litigation, but to do schools to place minorities on their boards is This is yet another attempt to deny so while deprived of the special tax status wrongheaded. As a rule the boards of these the Internal Revenue Service the right on which their existence substantially de- schools consist of members of the congrega- to enforce antidiscrimination provi- pends. In brief, these proposals posed a tion, usually the pastor and his deacons. (Id. sions of the law. Senator MOYNIHAN is mortal threat to Christian schools (Chris- at 33). To require minorities to be included on the floor and I think it would be tian Schools v. The IRS, supra, at 31-32) and would mean that individuals who have not appropriate that we referenced that proponents of Christian education did not participated in and contributed to the ac- stand by silently. The furor these guidelines tivities of the congregation must now be vote. raised compelled the IRS to hold hearings granted the status and prerogatives of its Mr. MOYNIHAN addressed the in Washington in December of 1978. The most respected members. Chair. agency received over 120,000 letters of pro- Congress responded to the controversy The PRESIDING OFFICER. The test, as one agency official put it "more over the proposed revenue procedures by Senator from New York. than we've ever received on any other pro- acting to prevent the IRS from enforcing its posal." (Id. at 19). Mr. MOYNIHAN. Mr. President, I proposed regulations and from devising any move to table the amendment. In response to this outcry, the IRS in Feb- additional procedures for enforcing its ruary 1979 issued "revised proposed guide- policy of denying tax-exempt status to reli- Mr. THURMOND. Can the Senator lines." These softened the more abrasive as- gious or private schools. The Dornan withhold that for a few moments? pects of the original guidelines, but the fun- Amendment, Section 615 of the 1980 Treas- Mr. MOYNIHAN. Certainly. I ask damental thrust remained-the agency still ury Appropriations Act, Public Law No. 96- that I be permitted to retain my right assumed the guilt of schools not meeting its 74, 93 Stat. 559, 577, provided that the funds to the floor after the speakers have affirmative action quotas. The revised made available by the Act could not be used guidelines offered six examples of the kind completed. to carry out the 1978 and 1979 proposed rev- PRESIDING OFFICER. The of "affirmative steps" reviewable schools enue procedures. The Ashbrook Amend- The would need to take to regain their special ment, Section 103 of the 1980 Treasury Ap- Senator from South Carolina. tax status: propriations Act, 93 Stat. at 562, specified Mr. THURMOND. Mr. President, I -Active and vigorous minority recruit- that the funds appropriated could not be rise in strong support of the religious ment programs; used "to formulate to carry out any . .. pro- amendment proposed by the -Tuition waivers, scholarships, or other liberty cedure, guideline ... or measure which financial assistance to minority students; distinguished Senator from North would cause the loss of tax-exempt status to and employment of minori- Carolina, Mr. HELMS. This amendment -Recruitment private, religious, or church-operated ty teachers and other professional staff; will prevent the IRS from using guide- schools under Section 501(c)(3) of the In- -Minority members on the board or other teral Revenue Code of 1954 unless in effect lines that are unreasonable and governing body of the school; prior to August 22, 1978." unduly burdensome in determining -Special minority-oriented curricula; which private schools may be entitled -Participation with integrated schools in III. SUMMARY AND CONCLUSION sports, music, and other events and activi- Sociological reports and studies have thus to tax exempt status. ties. indicated that many of the church schools Mr. President, let me make my point Even these revised guidelines created a established in the last twenty years were perfectly clear so as to avoid any con- program of government oversight that bur- founded directly in response to these deci- fusion about the intent of this amend- November 10, 1983 CONGRESSIONAL RECORD-SENATE 32031 ment. This amendment in no way re- The PRESIDING OFFICER. The I have a great deal of sympathy for stricts the IRS from denying or revok- Senator from New York. the problem I think the IRS, wittingly ing a tax exemption for any school Mr. MOYNIHAN. Mr. President, I or otherwise, has raised in relation to which is found to practice racial dis- move to table the amendment and I private schools, religious private crimination. I am opposed to racial dis- ask for the yeas and nays. schools particularly. I think there is a crimination. The issue here is not Mr. DECONCINI. Will the Senator question of possibility of having over- whether private schools with racially wait a moment while I ask a question reached their authority and trying to discriminatory policies should be enti- of the sponsor? regulate in what I think is an attempt tled to tax exempt status. Under the Mr. MOYNIHAN. Yes. to thwart the right of people to associ- law, as it has been decided by the U.S. Mr. DECONCINI. Will the Senator ate themselves together in that kind Supreme Court, they are not entitled explain to me how the amendment dif- of educational purpose. But I must say to such benefits, and this amendment fers, if at all, from the amendment of- to the Senator from North Carolina has no bearing on that fundamental fered last year? Are they the same? Is that I have to carry this bill beyond issue. it the same as this amemdment? Was the floor of the Senate to confernece What is at issue here is a question of there something about a contribution? in the morning. This is clearly a ques- fairness and due process in administer- Mr. HELMS. Let me be sure I tion of legislation, in my opinion. I am ing the law. What is of concern here is answer correctly. not going to raise that question for the unjustified imposition of extreme- The first part is identical. The the Chair, but I think it is pretty well ly onerous affirmative action regula- second part takes into consideration considered as such. tions and racial quotas on private reli- the Bob Jones decision by the Su- The House will not accept that in gious schools, based on an inference of preme Court and some other changes. conference unless they take it back in guilt derived solely-and I repeat, de- I do not know how much detail the technical disagreement. rived solely-from the date a private Senator wants. We can put in a It is more than a technical disagree- school was established or expanded quorum call and get a copy of each of ment. It is really more just basic pro- and its location. them. cedural disagreement. Consequently, I Mr. President, such a presumption Mr. DECONCINI. I thought the can just foresee now, as much as one of guilt is contrary to the basic guar- amendment we had last time had can foretell the future, that this antees of due process and equal pro- something to do with contributions. amendment, if adopted, would have a tection of the laws which underpin our Am I incorrect? short life. society and our Government. Private Mr. HELMS. We do not have a gen- I would like to ask if the Senator and religious schools with explicit, eral purpose contributions provision in from New York will yield to the leader nondiscriminatory policies should not the amendment this time. to see if there is any possibility of get- be cloaked by the IRS or by the courts Mr. DECONCINI. I thank the Sena- ting a thorough airing on this subject with a dark cloud of guilt, simply be- tor. on a proper vehicle that does not get cause the time and location of estab- Mr. BRADLEY. I believe they are us off into the thicket of procedural lishment or expansion appears to bear the same. technicalities and so forth that we some relationship to public school de- Mr. MOYNIHAN. That is the same. would be in on appropriations matters. segregation. As the distinguished Sen- Mr. LEVIN. Will the Senator from Mr. BAKER. Will the Senator from ator from North Carolina has correct- New York yield for a question? New York yield to me? ly pointed out, the period of active Mr. MOYNIHAN. I am happy to Mr. MOYNIHAN. I am happy to public school desegration was also the yield. yield for that purpose while retaining time period in which Supreme Court Mr. LEVIN. Is it not correct, I ask my right to the floor. decisions banning prayer and Bible my friend from North Carolina, that Mr. BAKER. Mr. President, I thank reading in public schools were handed this amendment not only prohibits the the Senator from New York. down. These far-reaching decisions implementation of the IRS regulation, I, too, have a degree of sympathy for caused many parents who strongly de- but also prohibits the implementation the Senator from North Carolina. I sired that their children be educated of court orders of certain types? have seen at first-hand what I think is in a religious environment to form or Mr. HELMS. Only as to nondiscrim- an excess of zeal, at least, and perhaps support private, Christian schools. inatory schools. more than that, from the Internal Mr. President, it is simply wrong and Mr. LEVIN. It goes beyond prohibit- Revenue Service in respect to private unjust to presume, without any evi- ing the IRS from implementing the schools, church schools, and other dence, that these schools engage in regulation by terms of its second para- schools, that I am convinced do not some form of illegal discrimination, graph; is it not true that it also pro- discriminate and have no intention of despite their stated open enrollment hibits the implementation of certain discriminating. and other nondiscriminatory policies. types of court orders? However, I agree with the chairman Similarly, it is wrong and unnecessar- Mr. HELMS addressed the Chair. of the Appropriations Committee. I ily punitive to require these schools to Mr. MOYNIHAN. Mr. President, I hope we do not have to deal with that undertake elaborate affirmative action have the floor and the distinguished issue on this bill. requirements, including the satisfac- Senator asked me to yield for a ques- Indeed, if the Senator from North tion of racial quotas, as a prerequisite tion. If I may answer, yes, it does pro- Carolina will permit me, I am perfect- to obtaining or keeping their tax ex- hibit the implementation of court ly willing to join with others who, I be- emption. orders. lieve, may have a similar view to see Mr. President, this is a good amend- Mr. LEVIN. Mr. President, the that we have a full and thorough ex- ment, and a most reasonable proposal. amendment goes for beyond prohibit- amination of this issue and that, It will not interfere in any way with ing implementation of an IRS regula- indeed, there is an opportunity for the the ability of the IRS to carry out its tion. It also prohibits implementation Senate to speak on this issue on some responsibilities under the law. It will, of court orders, it would thereby breed other vehicle. however, provide some measure of pro- disobedience to the chair. I cannot I am not trying to con the Senator, tection to innocent, nondiscriminatory support it although I believe that the if he will permit me to use that private and religious schools from the IRS has in the past overreached it au- phrase. heavy hands of the Federal bureaucra- thority. Mr. HELMS. I know that, Mr. Presi- cy. Mr. HATFIELD. I thank the Sena- dent. Mr. MOYNIHAN addressed the tor. I would like to make an observa- Mr. BAKER. I simply say I know Chair. tion if I could. what he is driving at. I also know how 32032 CO NGRESSIONAL RECORD-SENALTE November 10, 1983 complex and difficult it would be to The PRESIDING OFFICER (Mr. ments in a relatively short period of deal with it on this bill. JEPSEN). Are there any other Senators time and voice vote final passage. I am I must say, Mr. President, I shall in the Chamber who wish to vote? not saying that is a final decision, but vote to table this amendment but I The result was announced-yeas 51, I say that appears to be where we are, shall do so with reluctance, because I nays 28, as follows: and then we will go to conference. think there is much merit in what the [Rollcall Vote No. 358 Leg.] AMENDMENT NO. 2599 Senator says and what the amend- YEAS-51 (Purpose: To prohibit the availability of ment proposes. I do hope we will not Andrews Eagleton Moynihan funds to lay up hopper dredges under cer- have to deal with it here. Baker Exon Nunn tain circumstances) Baucus Ford Packwood I assure my friend from North Caro- Bentsen Gorton Pell Mr. METZENBAUM. Mr. President, lina that I shall do my part to see that Biden Hatfield Percy I send an amendment to the desk and the issue is addressed in a timely way Bingaman Heinz Pressler ask for its immediate consideration. Boschwitz Huddleston Proxmire and a way that I think will be agree- Bradley Johnston Riegle The PRESIDING OFFICER. The able. Bumpers Kennedy Rudman amendment will be stated. Mr. MOYNIHAN. Mr. President, I Burdick Lautenberg Sarbanes The legislative clerk read as follows: I shall be Byrd Leahy Sasser believe I have the floor. Chafee Levin Specter The Senator from Ohio (Mr. METZ- happy to yield to the Senator from Chiles Mathias Stafford ENBAUM), for himself, Mr. LEVIN, and Mr. North Carolina for a question or with Cohen Matsunaga Stevens RIEGLE, proposes an amendment numbered I continue to D'Amato Melcher Tsongas 2599. the understanding that Danforth Metzenbaum Weicker have the floor after the Senator from Dixon Mitchell Wilson Mr. METZENBAUM. Mr. President, I ask unanimous consent that reading North Carolina has finished. NAYS-28 Mr. HELMS. I thank the Senator. of the amendment be dispensed with. Abdnor Hawkins Quayle The PRESIDING OFFICER. With- Mr. President, I am very encouraged Armstrong Hecht Randolph by and appreciative of the comments Boren Heflin Roth out objection, it is so ordered. by my friend from Oregon and my Cochran Helms Symms The amendment is as follows: if the DeConcini Humphrey Thurmond At the appropriate place, add the follow- friend from Tennessee. I wonder Denton Jepsen Trible Senator will allow me to ask unani- East Kasten Warner ing new section: mous consent to lay this amendment Garn Lugar Zorinsky SEC. . None of the funds appropriated or otherwise made available by this Act or any let the manager Grassley Mattingly aside temporarily and Hatch Nickles other Act may be obligated or expended of the bill proceed with whatever within six months after the date of enact- other amendments they may have at NOT VOTING-21 ment of this Act to remove from operational this time. Cranston Goldwater McClure readiness, or to relocate from a home port, Dodd Hart Murkowski any hopper dredge so as to reduce the Mr. MOYNIHAN. Mr. President, I Dole Hollings Pryor move to lay the amendment on the Domenici Inouye Simpson number of Federally-owned hopper dredges for the yeas and nays. Durenberger Kassebaum Stennis which are available for use on the Great table and I ask Lakes to less than two. OFFICER. Is Evans Laxalt Tower The PRESIDING Glenn Long Wallop there a sufficient second? There is a Mr. METZENBAUM. Mr. President, sufficient second. So the motion to lay on the table this amendment would prevent the re- The yeas and nays were ordered. Mr. HELMS' amendment (No. 2598) was tirement of two Government-owned The PRESIDING OFFICER. The agreed to. hopper dredges based on the Great question is on agreeing to the amend- Mr. MOYNIHAN. Mr. President, I Lakes for an additional 6 months. this amendment to ment. The yeas and nays have been or- move to reconsider the vote by which I am offering dered. The clerk will call the roll. the motion to table was agreed to. gain time so that we can determine whether the private dredging industry The legislative clerk called the roll. Mr. BRADLEY. I move to lay that taking over this dredge Mr. STEVENS. I announce that the motion on the table. is capable of work. Senator from Kansas (Mr. DOLE), the The motion to lay on the table was agreed to. Mr. President, this amendment Senator from New Mexico (Mr. Do- Mr. President, I would cost the Government no addi- MENICI), the Senator from Minnesota Mr. HATFIELD. the Senate, to indicate tional funds. The Federal Government the Senator from wish to update (Mr. DURENBERGER), where we are at the moment. pays the cost of dredging harbors re- the Senator Washington (Mr. EVANS), From the list that the minority and gardless of who actually does the from Arizona (Mr. GOLDWATER), the majority have been keeping, we have work. (Mrs. KASSE- Senator from Kansas the following amendments remaining This amendment is necessary be- BAUM), the Senator from Nevada (Mr. to be acted upon: one by the Senator cause of action announced earlier this LAXALT), the Senator from Idaho (Mr. from Ohio (Mr. METZENBAUM), one by year by the Assistant Secretary of the MCCLURE), the Senator from Alaska the Senator from Massachusetts (Mr. Army for Civil Works, William Gian- (Mr. MURKOWSKI), the Senator from KENNEDY), one by the Senator from elli, to reduce the Federal hopper Wyoming (Mr. SIMPSON), the Senator Vermont (Mr. LEAHY), one by the Sen- dredge fleet. from Texas (Mr. TOWER), and the Sen- ator from Tennessee (Mr. SASSER), and Mr. Gianelli's plan flies in the face ator from Wyoming (Mr. WALLOP) are I have one final amendment. That of recommendations submitted to Con- necessarily absent. makes a total of five amendments, and gress by the Army Corps of Engineers. Mr. BYRD. I announce that the I have not found that there is any con- In April 1982, the Corps of Engineers Senator from California (Mr. CRAN- troversy surrounding any one of the submitted a study outlining the mini- STON), the Senator from Connecticut five. We have checked them on both mum Government dredge fleet that (Mr. DODD), the Senator from Ohio sides of the aisle, and they will be ac- would be needed to provide the nation- (Mr. GLENN), the Senator from Colora- cepted. al defense and emergency needs of do (Mr. HART), the Senator from I have also looked around and asked this Nation. That report clearly stated South Carolina (Mr. HOLLINGS), the about anyone who wants a rollcall that the Government must have eight Senator from Hawaii (Mr. INOUYE), vote on final passage, and I have not hopper dredges, and two of these the Senator from Louisiana (Mr. been able to ascertain that anyone de- dredges should be based on the Great LONG), the Senator from Arkansas sires to have a rollcall vote on final Lakes. (Mr. PRYOR), and the Senator from passage. So if I can make a general as- But the administration chose to Mississippi (Mr. STENNIS) are necessar- sessment at this time, I think we can ignore the Corps of Engineers' recom- ily absent. handle these five remaining amend- mendation. Mr. Gianelli decided the November 10, 1983 CONGRESSIONAL RECORD-SENATE 32033 Government could get by with only high proportion of fixed costs, the Lakes is premature given the uncer- four hopper dredges, and the Great corps was forced to substantially in- tainties surrounding this plan. The Lakes could get by with none at all. crease the daily rental rate, further re- amendment offered here today would The Assistant Secretary notified ducing its competitive position vis-a-vis allow the Congress and the corps to Congress in a letter dated March 11, the private dredging contractors. review and evaluate whether the 1983, that the so-called excess Govern- Mr. President, it is clear that further dredging industry has the ability to ment dredge equipment would be de- investigation is required before we can perform the work previously under- commissioned by the end of this calen- permit Mr. Gianelli to implement this taken by the corps hopper dredges at a dar year. fleet reduction plan. There are too reasonable cost and in a timely Since that time, there have been no many unanswered questions involving manner. hearings, no investigations and little the availability of privately owned I should like to indicate one addi- thought about who would do the hopper dredges, and the potential cost tional concern about this plan. dredge work on the Great Lakes, or to the Government. Over the past several years, only one about what the cost would be. I urge my colleagues to support this company with hopper dredge capabil- According to Mr. Gianelli, a new or- amendment so that we can get some ity has been awarded contracts for ganization, the so-called Corps of En- answers to these questions. We should major dredging work on the Great gineers Reserve Fleet (CERF), made have full knowledge of the facts Lakes previously accomplished by the up of privately owned dredges, could before going forward. corps hopper dredges. In addition, be called upon in the event of an Mr. LEVIN. Mr. President, I am only one other company with hopper emergency. Supposedly, the CERF pleased to cosponsor this amendment dredge capability bid on several con- with the Senator from Ohio. concept was successfully tested in mo- tracts offered by the corps during the This amendment is an important bilization exercises. industry capability one for the Great Lakes region as the program (ICP), But the fact is, the whole test was which was designed to increase the Corps of Engineers begins a transition conducted on paper. amount of dredging work contracted to a from the use of federally owned and Mr. President, I am not opposed to industry. Without hopper dredge for the private dredging in- operated hopper dredges to private in- wider role competition, it is possible that the cost on the Great Lakes. We have dustry dredges to meet the Federal dustry for dredge work may escalate once the been heading consistently in that di- Government's responsibility to naviga- corps dredges are retired, since the rection for several years. According to tion and commerce on the Great corps dredges will no longer compete a 1981 GAO report: Lakes. Under the amendment, the corps is prohibited from using any against the industry hopper dredge for Private industry's share of the corps' De- work as they did during the ICP. troit district's (dredge) work on the Great funds during a period of 6 months Lakes has increased from about 12 percent after enactment for the purpose of re- This concern and others should be in fiscal year 1977 to about 66 percent in moving from readiness or relocating carefully evaluated by the Congress, fiscal year 1981. from their home ports the two corps and I would urge the Environment and This share has continued to increase hopper dredges currently in operation Public Works Committee to undertake since 1981. on the Great Lakes. such a review to insure that what the But I am not certain that the private Pursuant to Public Law 95-269, the corps has proposed will actually satis- dredging industry can perform all the Chief of Engineers completed in April fy the Federal Government's responsi- work now handled by the corps 1982 a report entitled the "Minimum bility to navigation and commerce in dredges. In addition, many questions Dredge Fleet Study." It recommended the entire Great Lakes region. remain about the increased costs that that the corps operate a federally Again, Mr. President, I want to indi- could be incurred by the Government owned minimum fleet of eight hopper cate my support for this amendment due to the lack of competition in the dredges to perform emergency and na- and urge Senate passage. i also want private dredging industry. tional defense work, and other dredg- to especially thank Senator METZ- There is only one Great Lakes based ing work intended to keep the mini- ENBAUM for accepting my suggestion to company that operates hopper mum fleet efficiently utilized. The modify this amendment so that the dredges, and its two dredges are fre- Hains and Markham, with home ports corps hopper dredges remain stationed quently performing work outside the in Grand Haven, Mich., and Cleveland, at their home ports. This action will lakes. Ohio, respectively, were designated as benefit the city of Grand Haven, This company has already obtained part of the minimum fleet to be sta- where the Hains has been stationed through the Freedom of Information tioned in the Great Lakes. for a number of years. Act, corps cost records, which enable it However, subsequent to the approval And finally, Mr. President, I want to to predict Government estimates for of the Chief of Engineers report by express my appreciation to Senators dredging jobs. The company can then the Assistant Secretary of Army for ABDNOR and DURENBERGER for their bid within the required 25 percent of Civil Works, the administration direct- help in this matter. that amount, guaranteeing an auto- ed the corps to evaluate a "reserve Mr. METZENBAUM. Mr. President, matic 25-percent increase in dredging fleet" concept, which involves using it is my understanding that the costs out of the taxpayer's pockets. the dredging industry as a reserve to amendment is acceptable to the man- This company recently increased its be called upon by the corps when the agers of the bill; and if it is, I have daily operating cost estimate from need arises. In March 1983, the admin- nothing further to add. $19,000 to $26,000 even though audits istration decided that the corps' mini- The PRESIDING OFFICER. Is disclosed daily costs as low as $16,000 mum fleet should be reduced to four there further debate on the amend- per day. hopper dredges, none of which would ment? The rental rate for the Markham, be based in the Great Lakes. The The question is on agreeing to the one of the two corps dredges, is only effect of this decision for the Great amendment. $17,000. Lakes is that the reserve fleet is the The amendment (No. 2599) was Mr. President, actions ordered by only fleet for dredging work. agreed to. Mr. Gianelli have contributed to the The reserve fleet plan is untried and Mr. METZENBAUM. Mr. President, appearance that Government dredging untested, with many unknowns. Its im- I move to reconsider the vote by which costs are higher than they actually plementation could ultimately in- the amendment was agreed to. should be. crease costs to the Government for Mr. LEAHY. I move to lay that For instance, the workweek of the hopper dredge work. motion on the table. corps hopper dredges was ordered re- To remove the Hains and Markham The motion to lay on the table was duced from 6 to 5 days. Due to the from their home ports on the Great agreed to. 32034 CONGRESSIONAL RECORD-SENATE November 10, 1983

AMENDMENT NO. 2600 The legislative clerk read as follows: ing to keep this worthwhile institution Mr. LEAHY. Mr. President, I send The Senator from Tennessee (Mr. SASSER) open. an amendment to the desk and ask for for himself and Mr. THURMOND proposes an Mr. President, I urge the adoption of its immediate consideration. amendment numbered 2601. the amendment. The PRESIDING OFFICER. The Mr. SASSER. Mr. President, I ask Mr. THURMOND. Mr. President, I amendment will be stated. unanimous consent that the reading of am pleased to join with the distin- The legislative clerk read as follows: the amendment be dispensed with. guished junior Senator from Tennes- The Senator from Vermont (Mr. LEAHY) The PRESIDING OFFICER. With- see, Mr. SASSER, in sponsoring this proposes an amendment numbered 2600. out objection, it is so ordered. amendment which would appropriate Mr. LEAHY. Mr. President, I ask The amendment is as follows: $300,000 for the support and mainte- unanimous consent that reading of the At the appropriate place, insert the fol- nance of the Capital Children's amendment be dispensed with. lowing: "Notwithstanding any other provi- Museum, located in Washington, D.C. The PRESIDING OFFICER. With- sion of this joint resolution, $30,000 is ap- The Children's Museum is the result propriated for the Capital Children's out objection, it is so ordered. Museum." of much innovative thinking and hard The amendment is as follows: work by volunteers and professionals Mr. SASSER. Mr. President, we pro- At the appropriate point in the bill, add in the field of early childhood educa- the following: pose that $300,000 be provided toward the support of maintenance costs of tion. Since its inception as a three- No funds in this or any other Act shall be room facility in 1977, the Children's used to process or grant oil and gas lease ap- the Capital Children's Museum. plications on any federal lands outside of This museum is one of the Nation's Museum has flourished, and now occu- Alaska that are in units of the National best models of innovative education, of pies a full city block in northeastern Wildlife Refuge System, except where there ways to spur math and science Washington, D.C. are valid existing rights or except where it is achievement, and of how to use the Mr. President, this is much more determined that any of the lands are sub- computers and other new communica- than a museum. It is an education ject to drainage as defined in 43 C.F.R. tions technologies. workshop, which provides "hands-on" 81002, unless and until the Secretary of the exhibits for children who reside in or Interior first promulgates, pursuant to sec- The museum serves 250,000 people tion 553 of the Administrative Procedure each year including many teachers visit their Nation's Capital, training Act, revisions to his existing regulations so who come there to be trained in new for over 1,000 teachers per year, and as to explicitly authorize the leasing of such and better ways to teach. The museum internships for 70 to 100 youths work- lands, holds a public hearing with respect to also serves hundreds of children and ing in the education field. The such revisions, and prepares an environmen- youth from its immediate neighbor- museum and its staff, which includes tal impact statement with respect thereto. hood, a neighborhood which is made some 350 volunteers, also provide tech- Mr. LEAHY. Mr. President, I think of slums in the shadow of the U.S. nical assistance to schools and school we could probably cover this in less Capitol and keep these children off boards throughout the country, as than a couple of hours of debate or, the streets of an impoverished, urban well as information on innovative edu- from the look on the face of the chair- ghetto. The museum has thousands of cation techniques in answer to re- man of the Appropriations Committee, visitors who are handicapped, and it quests from many foreign countries. possibly 30 seconds. has a corps of 160 senior volunteers in Those who operate the museum It is a consensus amendment, involv- a model program, emulated through- have done an exceptionally fine job of ing the controversial issue of oil and out the country, by people who are in- using services of volunteers, contribu- gas leasing in national wildlife refuges. terested in helping the elderly. tions from the private sector, and It is the same language that Senator The Children's Museum is only 4 earned income from museum pro- McCLURE, Senator JOHNSTON, and I years old, but in that short time, it has grams to help defray operating ex- in the supplemental, hold- worked out developed sources of income to sup- penses. In order to encourage the con- ing up leasing until an environmental port almost half its budget. That is, it tinuation and expansion of this worth- impact statement is done. earns over $750,000 annually toward while program, which benefits the My only concern, of course, is the support of its $2 million operating entire Nation, it is both appropriate first supplemental may never become costs. and necessary that some financial sup- law. The increased demand by visitors, So I urge its inclusion in this. But it port be provided by the Federal Gov- requests from 41 States for technical ernment. For this season, I join Sena- has been cleared as near as I can tell by assistance by other museums and tor SASSER in asking that the sum of by everyone who has looked at it. and regular delegations educators, $300,000 be appropriated for the Cap- Mr. HATFIELD. The Senator is cor- from the Department of State have ital Children's Museum. I hope that rect. It is already in the supplemental. made this a prominent institution. It the We are merely taking it from the sup- is a unique demonstration of the kind our colleagues on both sides of plemental and putting it on the CR. It of innovation for which the United aisle will support this amendment, has been cleared on both sides. States is admired throughout the which will help one of the finest edu- The PRESIDING OFFICER. The world. cational endeavors anywhere in the question is on agreeing to the amend- This small support is required to world continue its excellent work and ment of the Senator from Vermont. help close the museum's funding gap benefit even more children. The amendment (No. 2600) was to guarantee that it can stay open to Mr. LEAHY. Mr. President, I ask agreed to. continue its outstanding work. unanimous consent that I be named as Mr. LEAHY. Mr. President, I move Mr. President, I urge the adoption of a cosponsor of this amendment. It is to reconsider the vote by which the the amendment. an excellent amendment and has been amendment was agreed to. Mr. President, I offer this amend- cleared on this side. Mr. HATFIELD. I move to lay that ment on behalf of myself and Senator The PRESIDING OFFICER. With- motion on the table. THURMOND. It has been cleared with out objection, it is so ordered. The motion to lay on the table was the managers of the bill on both sides. The question is on agreeing to the agreed to. Mr. HATFIELD. Senator THURMOND amendment of the Senator from Ten- AMENDMENT NO. 2601 is a cosponsor? nessee. Mr. SASSER. Mr. President, I send Mr. SASSER. Senator THURMOND is The amendment (No. 2601) was an amendment to the desk and ask for a cosponsor. agreed to. its immediate consideration. Mr. President, this is a sole support Mr. THURMOND. Mr. President, I The PRESIDING OFFICER. The for the Washington Children's move to reconsider the vote by which amendment will be stated. Museum. It is a small amount of fund- the amendment was agreed to. November 10, 1983 CONGRESSIONAL RECORD-SENATE 32035 Mr. SASSER. Mr. President, I move Mr. President, the tenants scheduled would like to offer because we are now to lay that motion on the table. to be located in this facility, with the ready to go to third reading. The motion to lay on the table was exception of the courts are currently Mr. LEAHY. Mr. President, if I agreed to. occupying expensive leased space. The could have just a moment, I know the Mr. HATFIELD. Mr. President, we courts also have need of expansion. Senator from Massachusetts was in have on our list remaining one amend- I commend the distinguished chair- the Chamber about 3 minutes ago. ment that I shall offer shortly and man of the Appropriations Committee Someone is checking with him. also one that we expected the Senator for offering this amendment and urge Mr. President, I have been informed from Massachusetts (Mr. KENNEDY) to its adoption by my colleagues.. by Senator KENNEDY'S office that he offer. Mr. BRADLEY. Mr. President, I will not be offering that amendment I do not see the Senator from Massa- thank the chairman for offering the and if the distinguished chairman will chusetts in the Chamber at this time. amendment. The need is great for the indulge me just for a moment let me AMENDMENT NO. 2602 construction of a Federal building and make absolutely sure there are not (Purpose: To appropriate funds for con- courthouse in Newark, N.J. As Mem- other amendments. struction of a Federal Building Court- bers of the Senate may be aware, the Mr. HATFIELD. Mr. President, I house in Newark, N.J. and for design nec- General Services Administration in its suggest the absence essary for repair of the Customhouse- of a quorum. Courthouse in St. Louis, Missouri) public buildings service management The PRESIDING OFFICER. The 1981-87, dated clerk will call the roll. Mr. HATFIELD. Mr. President, I plan for fiscal years send an amendment to the desk and June 1, 1981, recommended construc- The legislative clerk proceeded to ask for its immediate consideration. tion of a Federal building and court- call the roll. The PRESIDING OFFICER. The house in Newark, N.J., in fiscal year Mr. HATFIELD. Mr. President, I ask amendment will be stated. 1984 containing 408,000 occupiable unanimous consent that the order for The legislative clerk read as follows: square feet of space at a cost of the quorum call be rescinded. The PRESIDING OFFICER. With- The Senator from Oregon (Mr. HATFIELD) $89,500,000. The GSA management proposes an amendment numbered 2602. plan for fiscal years 1982-88, dated out objection, it is so ordered. February 16, 1982, recommended con- Mr. EXON. Mr. President, I am pre- Mr. HATFIELD. Mr. President, I ask struction of a Federal building-court- pared to offer an amendment address- unanimous consent that the reading of square feet ing a problem in the Hill-Burton pro- the amendment be dispensed with. house containing 309,000 The PRESIDING OFFICER. With- at an unidentified cost. Construction gram. The Hill-Burton program gave out objection, it is so ordered. was then identified to begin in fiscal financial assistance to health care fa- The amendment is as follows: year 1989. Currently, all of the tenants cilities in exchange for a promise to scheduled to be located in the build- provide a reasonable amount of un- At the appropriate place, insert the fol- lowing: ing, with the exception of the courts, compensated care for the poor. In Sec. . Notwithstanding any other provi- are located in expensive leased space. 1979, the Department of Health and sion of this joint resolution, there is hereby The courts have a need for expansion Human Services promulgated regula- appropriated $39,000,000 from the Federal and since their requirements are spe- tions intended to improve hospital Building Fund, for construction of a Federal cial purpose, it is the policy of GSA compliance in the program. However, Building-United States Courthouse in and the Congress to locate them in these same regulations also apply to Newark, New Jersey, and $550,000 from the federally owned space. The building is not-for-profit nursing homes partici- Federal Building Fund, for design necessary due to GSA's small pating in the program. On several oc- for repair of the Customhouse-United justified; however, States Courthouse in St. Louis, Missouri. amount of funds for construction, the casions, the Department of Health and proposed construction of the building Human Services has admitted that it Mr. HATFIELD. Mr. President, this in Newark in fiscal year 1984 was did not consider the effect these regu- amendment I offer with the clearance eliminated. lations would have on participating of the authorizing committee, the Sen- the chair- not-for-profit nursing homes. And in ator from Vermont (Mr. STAFFORD) Mr. President, recently man of the House Committee on fact, these regulations pose a serious and the ranking minority member, the and threat to the financial integrity of Senator from New York (Mr. MOYNI- Public Works and Transportation many Hill-Burton nursing homes. HAN), and on behalf of the Congress- many other New Jerseyans had has said man from New Jersey, Mr. HOWARD, brought to my attention the continued Since 1980, the Department who has requested this with the sup- need for this facility, and I therefore that it would address the nursing port of the Senator from New Jersey recommend construction of a new Fed- home's problems under the 1979 regu- (Mr. LAUTENBERG) and the Senator eral building-courthouse containing lations. It is now late 1983, and the De- from New Jersey (Mr. BRADLEY). 290,000 square feet of space at a cost partment has taken no formal action. It is to provide for the funding of a of $39 million. Of this amount, $3.8 My amendment simply calls for new courthouse in Newark, N.J., and for million will be necessary for design of regulations which distinguish between the design to begin on a customs the facility. hospitals and nursing homes for pur- house-courthouse located in St. Louis, The PRESIDING OFFICER. The poses of complying with their obliga- Mo. question is on agreeing to the amend- tions under the Hill-Burton Act. This matter has been cleared on ment of the Senator from Oregon. Mr. WEICKER. Mr. President, I un- both sides of the aisle, and we wish to The amendment (No. 2602) was derstand the concern of the Senator take it to conference. agreed to. from Nebraska. However, I would urge 0 Mr. LAUTENBERG. Mr. President, Mr. HATFIELD. Mr. President, I him to consider introducing his I rise in support of the Hatfield move to reconsider the vote by which amendment on another piece of legis- amendment to provide funding for the the amendment was agreed to. lation. It is crucial that the Senate construction of a badly needed Federal Mr. BRADLEY. Mr. President, I pass this continuing resolution in very building and courthouse in Newark, move to lay that motion on the table. short order. The Labor and Human N.J. This building will cost $39 million The motion to lay on the table was Resources Committee has jurisdiction and provide 290,000 square feet of agreed to. in the Hill-Burton area and I would space. Mr. HATFIELD. Mr. President, I hope that the chairman of that com- GSA acknowledged the need for this wonder if I could inquire of the minor- mittee could address this matter. facility since fiscal year 1981. Because ity leader at this point if they have Mr. HATCH. Mr. President, I join of the small amount GSA has for con- any information concerning the with the Senator from Connecticut. I struction, funding for this building amendment of the Senator from Mas- believe that the Senator's amendment was eliminated in fiscal year 1984. sachusetts that he had indicated he would be more appropriately consid- 32036 CONGRESSIONAL RECORD-SENATE November 10, 1983 ered on another piece of legislation. If which would repeal the current regu- However, due to a printing error the Senator will choose not to offer lations and force these small American that language was inadvertently omit- his amendment, I will pledge that I businesses to stop competing with the ted. will assist the Senator from Nebraska foreign manufacturers. The Treasury As I have indicated, the committee in seeing that his amendment is con- Department has yet to act on Customs had approved the language for inclu- sidered in the very near future. proposal and the language in the Ap- sion in Senate Report 98-304. Mr. EXON. Mr. President, I appreci- propriations Committee report on Therefore, I ask unanimous consent ate the offers of my colleagues from Senate Joint Resolution 193. It is my to include in the RECORD at this point, Connecticut and Utah. I, too, believe understanding that my colleague indi- the language on Brunswick Harbor that it is important for the Senate to cated that he was intending to offer a which should have been included in act quickly on the continuing resolu- sense of the Senate amendment with the committee report. tion. Therefore, based on the assur- the same effect of the report lan- There being no objection, the lan- ances of my colleagues, I will not offer guage, but, to conserve the time of the guage was ordered to be printed in the my amendment at this time. committee and the Senate, would RECORD, as follows: Mr. RUDMAN. Mr. President, I rise settle for the report language. For the BRUNSWICK HARBOR, GA. STUDY to express my concern regarding the record, I should note that I would report language in the committee have vigorously opposed a sense of the The committee is aware that since comple- Senate amendment had it been offered tion of the Phase I study of Brunswick report on Senate Joint Resolution 193 Harbor in 1980, the Georgia Ports Authority pertaining to the so-called gray and would also have opposed the has completed a navigation channel con- market. That language directs the De- report language had I known it was necting Colonels Island with the existing partment of the Treasury "to publish going to be offered. Unfortunately, Federal navigation channel. The Authority forthwith the proposed customs regu- report language cannot be amended on is presently constructing extensive, new lations" pertaining to the gray market. the floor of the Senate and so there is cargo terminal facilities on colonels Island, It further states that "the committee no action I can take at this time. with cargo shipments expected to begin in believes that a very serious problem Mr. President, it should be noted 1985. This will result in an increased use of involving the rights of trademark that neither the regular fiscal 1984 the channels which are already constricted owners exists and that the Customs Teasury-Postal appropriations bills, for newer, longer vessels. Within available both the version passed by the House funds, the committee expects the Corps of Service should no longer delay the Engineers to resume the study and reevalu- publishing of these regulations which and the version approved by the ate and update the economic data from the are designed to address these critical Senate Committee on Appropriations, earlier reconnaisance. matters." nor the accompanying reports, contain By way of background, Mr. Presi- any similar report or bill language. In Mr. LEVIN. Mr. President, as most dent, this issue involves the right of a addition, it is my understanding that of our colleagues know, Senator variety of small American businesses there is considerable opposition to COHEN and I have been working with to import a wide variety of genuine changing the existing Customs regula- Senator DOLE, the distinguished chair- trademarked products such as watches tions in both the House and Senate man of the Finance Committee, on and electronic goods. Because many authorizing committees. Given the legislation to reform the disability pro- foreign manufacturers attempt to fact that the legislative history is gram of the Social Security Act. Our charge artificially high prices for their mixed at best and that Senate Joint bill, S. 476, which is pending before products in the United States, these Resolution 193 fell to a filibuster, ad- the Finance Committee, presently has small businesses can purchase the gen- mittedly on an unrelated matter, it is 33 cosponsors. It includes several basic uine goods abroad and resell them my belief that the report language in reforms which would make the cur- here at prices lower than those question is in no way binding on the rent continuing disability reviews charged by the foreign manufacturer's Department of the Treasury. fairer and bring some administrative American subsidiary or controlled dis- In conclusion, Mr. President, let me stability to the program. There are tributor. The benefits of this to the state that I believe that the gray some 21 States which are flouting American consumer in the form of market issue is relatively simple. SSA's required standards and proce- greater competition and lower prices Should large foreign manufactures be dures for conducting these reviews. are obvious. For example, when the in- permitted to reverse existing policy Our staffs-that of Senator COHEN dependent distributors introduced and be allowed to charge artifically and myself and that of Senator DOLE price competition, the prices for Seiko high prices for their product by pro- along with the staffs of other con- watches, Nikon cameras, and Canon hibiting small American businesses cerned Members-have been working cameras all dropped by about one- from importing their products in com- for the past 2 weeks to develop a com- third. I should stress, at this point, petition with them? Should Federal promise package which all three of us that we are talking about genuine regulations be altered in such a can support. We are very close. But, goods, not counterfeit products which manner that American consumers our time is running out; we may have is an entirely separate issue. have to pay more for a product than only one week left. Under longstanding Federal law, the consumers overseas have to pay when Senator COHEN and I are prepared at American owner of a U.S. trademark there is not even a suggestion that this point to offer our bill as an registration has been allowed to pre- that is necessary to protect American amendment to the continuing resolu- vent the import of goods bearing that industry? I suggest that the answer to tion. In our discussions with Senator trademark. However, for the last 50 both those questions is a resounding DOLE, he has advised against it but has years, first by common practice and by no and that the wisest course of action promised on previous occasions a vehi- formal regulation for over a decade, is for the Treasury Department to let cle to which we could attach our dis- the Customs Service has recognized a the Customs Service's misguided regu- ability provisions. limitation to that. When the foreign lations die a quite death. Mr. President, I would like to ask and American trademark rights are BRUNSWICK HARBOR STUDY, GEORGIA the distinguished Senator from owned by the same company or com- Mr. HATFIELD. Mr. President, Kansas if he would help us reach an panies under common ownership or during the markup on Senate Joint agreement on a vehicle for raising the control, the foreign manufacturer or Resolution 194, the continuing resolu- disability issue. its controlled subsidiary may not ex- tion, the Appropriation Committee Mr. COHEN. Would the Senator clude the imports of its products. agreed to include report language yield? For reasons that escape me, the Cus- which directed the Corps of Engineers Mr. LEVIN. I would be happy to toms Service recently proposed regula- to update and reevaluate data on the yield to my good friend from Maine, tions to the Treasury Department Brunswick Harbor study in Georgia. Senator COHEN. November 10, 1983 CONGRESSIONAL RECORD-SENATE 32037 Mr. COHEN. I join Senator LEVIN in example, Montana's 21 border stations Second, Pembina is in a different making this request to the Finance process imports of ore concentrates, Customs district than Montana. Committee chairman. And I want to roofing materials, lumber, fertilizer, Import specialists reviewing District emphasize that both Senator LEVIN farm machinery, field seed, and oil 33 imports under the ostensible super- and I applaud the efforts that Senator field equipment. Many of these im- vision of the District 33 Director DOLE has made on behalf of this legis- ports are critical to Montana's econo- would be located hundreds of miles lation. He has been willing to meet my. away in another district; therefore, it with us on numerous occasions to dis- The border stations are organized would be extremely difficult for the cuss these issues and answer our in- into districts. In each district, some of District Director to adequately super- quiries. the key employees are the import spe- vise them. We are, however, under the 2-minute cialists. They review import docu- Mr. President, I am very pleased warning for this legislation because its ments, classify imported products, and that the Senate Appropriations Com- benefits can be felt only if it is passed assure that correct duties are paid. To mittee has included language in the before we recess. Senator LEVIN and I accomplish this, they often work close- Treasury appropriations bill that re- have refrained from offering this bill ly with both importers and customs quires the Customs Service to give the on other legislation because of our sin- brokers representing importers. committee 6 months notice before cere interest in reaching a compromise Sometime last year, Customs decided closing, consolidating, or transferring with Senator DOLE. I don't think that to devote more resources to drug inter- any Customs offices. Last April, I tes- interest has waned; I just think time is diction. However, Customs did not ask tified on this situation before the Ap- running out. That is why I join Sena- Congress for more money; instead, it propriations Subcommittee on Treas- tor LEVIN in asking my good friend, began shifting resources over from ury, Postal Service, and General Gov- he can the Senator from Kansas, if import processing. Overall, this shift ernment, and asked the committee to us on reaching an agree- work with would have reduced the number of take action to preclude the proposed for offering our ment on a vehicle Customs employees by about 2,000. reorganization. reform the disability amendment to Phase I of the planned shift appar- The Senate Finance Committee program. ently was the implementation of a cen- adopted my amendment requiring Mr. DOLE. Will the Senator yield so that I may respond? tralized duty appraisement system. similar advance notification to the Mr. LEVIN. Of course. Phase II apparently was the closure of Customs Service authorization bill. Mr. DOLE. As my colleagues both about 34 border stations. In early 1983, That bill, which has been reported by know, I am sincerely interested in phase I-centralized appraisement- the Finance Committee, should be bringing to the floor for the Senate's began. According to Customs, this in- considered by the Senate next year. consideration legislation to amend the volves centralizing the current import Mr. President, efficient import proc- current practices and procedures of specialist function from various field essing is critical to the economy of the social security disability program. offices to fewer and more efficient ad- Montana and many other States, and That is why I have joined them in ministrative centers located through- promotes friendly relations with our trying to achieve a compromise pack- out the country. major trading partners. Therefore, it age. I, too, think we are very close, but Sounds reasonable. Unfortunately, it is critical that any proposed reorgani- I recognize their concern that time is was not, because Customs had not zation be carefully conceived and im- running out. I appreciate their willing- carefully evaluated the impact central- plemented. We should be doing every- ness to forgo offering their amend- ized appraisement would have. For ex- thing in our power to foster and devel- ment to the continuing resolution. As ample, a preliminary GAO report I op trade with other countries, and my colleagues are aware, there will be commissioned found that "Customs of- Customs offices play a vital role in other vehicles for the disability ficials * * * have not prepared an offi- those relationships. amendment, and I will work with them cial cost/benefit study for the pro- With advance notice of future reor- to find a suitable one. In the mean- posed centralization," that "Customs ganization plans, Congress will have a time, I hope we will continue to work has not prepared an official estimate chance to pass legislation that would through our staffs to eliminate the re- of savings," that "the total cost to block any changes that are not in the maining points of difference, so we can Government will be unknown until a public interest.® achieve a final compromise proposal. cost/benefit study is prepared," that AGRICULTURAL MARKETING ORDERS Mr. LEVIN. We would certainly con- "It]he impact of centralized appraise- e Mr. BENTSEN. Mr. President, I tinue to seek an acceptable compro- ment activities is unknown," and that regret that the Senate Appropriations mise during the next few days. I thank Customs "did not conduct an analysis Committee has not seen fit to include the Senator from Kansas for his coop- regarding the impact of removing in this continuing resolution language eration, and I yield the floor to Sena- import specialists from a given loca- that restores to the U.S. Department tor COHEN. tion." of Agriculture the responsibility for Mr. COHEN. I too want to thank the The absence of any careful evalua- reviewing agricultural marketing Senator from Kansas for his commit- tion became especially clear when cen- orders and the activities and regula- ment, and I want to express my con- tralized appraisement hit Montana. tions pertaining to them. Due to the tinued interest in working for a com- For example, Customs transferred need for prompt passage of this legis- promise proposal. two import specialists from Great lation and the desire of the managers KEEPING MONTANA'S TRADE DOORS OPEN Falls, Mont. to Pembina, N. Dak. Two to keep this bill clean to expedite its * Mr. BAUCUS. Mr. President, few major problems, at least beset their passage there will be no attempt to Montanans come in contact with the transfer. First, Pembina is remote: add this language as a floor amend- U.S. Customs Service. But for Mon- While the Great Falls area has a pop- ment. However, this provision is still tana businesses that depend on im- ulation of about 80,000 and is served in H.R. 4139, the Treasury appropria- ported goods and tourism, that Feder- by five commercial airlines and a bus tions bill, so there will be another op- al agency is vitally important. I am system, the Pembina area has a popu- portunity to consider this issue on the very pleased that this appropriations lation of about 600 and is served by no Senate floor and I will urge the Senate bill contains language that will protect commercial transportation whatso- to approve this restriction at a later those businesses from unwarranted ever. Therefore, it would be extremely date. cutbacks in Customs office services. difficult for importers and customs Mr. President, I strongly support The Customs Service operates a brokers to reach Pembina to discuss this needed clarification. A similar series of border stations. These sta- complicated import processing prob- provision was included in the House tions process all kinds of imports. For lems. version of the Treasury appropriations 32038 CONGRESSIONAL RECORD-SENATE November 10, 1983 bill at the request of my distinguished tion of agricultural marketing orders. extend price guarantees to Great colleague from Texas, House Agricul- This is an ongoing problem which we Plains and thus the committee report ture Committee Chairman KIKA DE LA need to respond to in order to prevent represents a minority view of the Con- GARZA. future losses to agricultural producers gress. Agricultural marketing orders by due to bureaucratic infighting. I would also note that the report law are supervised by the Secretary of The letter follows: language violates both the spirit and Agriculture. The Agricultural Market- U.S. SENATE, intent of a colloquy which took place ing Agreement Act of 1937 requires Washington, D.C., July 21, 1982. between Senator MCCLURE and myself the Secretary to administer these Hon. DAVID STOCKMAN, during Senate consideration of H.R. agreements for the benefit of both Director, Office of Management and Budget, 3383, the Department of Interior and producers and consumers. These mar- Washington, D.C. DEAR MR. DIRECTOR: Many Texas farmers Related Agencies Appropriations Act keting orders are subject to the ap- have expressed concern about the applica- for 1984, proval of the growers who participate tion of the Paperwork Reduction Act to ag- In the colloquy, Senator MCCLURE in them, and they can be voted out of ricultural marketing orders. As a cosponsor stated that language contained in the existence by those growers at any of this legislation, I authorized the section report accompanying H.R. 3363 is not time. setting specific targets for burden reduction, intended to pressure or influence the Texas growers of oranges, grape- and I want to make sure that this law is now being properly implemented. SFC's evaluation of the Great Plains fruit, lettuce, onions, melons, and to- project and/or its application for price matoes have and use marketing orders. The intent of this law is to reduce the un- wanted and unneeded burden which has guarantees. Senator MCCLURE stated They are used to control such things been imposed on our economy by federal pa- that "the board is free to make its own as the size and quality of fruit going to perwork. Your office has a major responsi- judgment on whether the conditions market. By assuring that Texas fruits bility in reducing federal paperwork. Re- required by law for direct negotiations and vegetables are of uniformly high quiring your approval of all federal forms with Great Plains have been met." quality when they go to market, they was done specifically to ensure an independ- Nothing has occurred to change for quality ent, outside review of agency decisions. are building a reputation those assurances. The SFC remains and reliability. Such a reputation is In the case of marketing orders, the pa- free vital if advertising and promotion pro- perwork is imposed by choice through a to act in accord with its own judg- ment on the merits of the Great grams are to work effectively to build vote of the membership of the marketing the markets for these products. order. As a farmer, I can assure you that Plains project. producer-members of these marketing The AFC should realize that, not- These marketing orders have worked orders have little tolerance for paperwork well for many years. However, under withstanding the nonbinding report which is not essential. language, Congress has clearly prohib- this administration there has been a I would also point out that the burden re- power grab by the Office of Manage- duction goals are suggested, not mandated. ited DOE from issuing price guaran- ment and Budget. David Stockman, Thus, the law should not be construed as re- tees without first obtaining congres- who has long been a vocal opponent of quiring cutbacks in activities necessary to sional approval-nonnuclear R&D Act. all farm programs, has attempted to the operation of the marketing order. Further, the board should realize that take the administration of these mar- However, marketing order forms are Congress has specifically barred the uniquely subject to direct review by those keting orders away from the USDA transfer of the Great Plains project to who are burdened by them. Additionally, SFC-Pub. L. 97-100. and to use that administrative author- the highly perishable nature of fruits and ity to hamper the working of these vegetables dictates speedy approval of this It is my belief that Great Plains has marketing orders. paperwork. Provisions for such emergencies not met the conditions for price guar- I opposed that attempt to under- are included in this law, and your expedi- antees and that any action by SFC to mine the Federal marketing order tious handling of these approvals will be ap- provide it with such guarantees would system, and the problem has lessened preciated. violate the law and carry with it seri- considerably. I ask that a copy of an The Paperwork Reduction Act is a virtual- ous consequences for the board. ly important tool that should not be de- It is also my belief that if an effort earlier letter on this issue be printed stroyed through misuse. This law specifical- following my remarks. Without this ly prohibits its use as a back door means to to authorize price guarantees for amendment, however, there is no guar- circumvent other statutes. Care must be Great Plains were brought to Congress antee that the problem will not arise taken to avoid even the appearance of it would be soundly defeated. again whenever Mr. Stockman feels misuse, such as the current perception of a The Appropriations Committee like taking another swipe at marketing threat to federal marketing orders. I am report is not the committee with juris- orders. aware that there is opposition to marketing diction over the project and its opinion Chairman DE LA GARZA and I both orders, but such battles must be fought in on the future of Great Plains should other arenas. not be given any weight. grew up in the Rio Grande Valley of Thank you for your attention to this im- Texas, where we produce the finest portant issue, and I would appreciate having The committee report also contains grapefruit in the world. We have seen your comments on the points which I have language directing the Treasury De- the good that these marketing orders raised. partment to publish certain customs do in assuring consumers a reliable Sincerely, regulations severely restricting the im- supply of high quality products. We LLOYD BENTSEN.® portation of genuine foreign-made have also seen the harm that OMB in- GREAT PLAINS GASIFICATION PROJECT goods at a discount. This regulation terference can do. I am told that a * Mr. METZENBAUM. Mr. President, would undo a 50-year-old customs' routine package of minor regulatory the committee report on the continu- practice of allowing such importation changes was submitted by valley grow- ing resolution contains report lan- in certain cases. ers in July, and approval was just re- guage on the Great Plains coal gasifi- The committee's directive does not ceived about the first of November. If cation project. It should be clear to appear in the text of the continuing this delay had come during the har- the Synthetic Fuels Corporation that resolution, and, as such, has no force vest season for such perishable crops it the report language merely expresses of law. In my view, the Treasury De- could have caused massive disruption. the intent of a majority of the Appro- partment is acting properly in moving Mr. President, I am glad to work priations Committee. It should not, cautiously on this proposed regulation. with the Appropriations Committee to nor does it, reflect the sentiment of The proposal will make it easier for expedite passage of the continuing res- the Senate Energy Committee, which foreign manufacturers to control olution at this time. However, this has jurisdiction over the SFC, or the resale prices, which will result in a sig- does not eliminate the need for pas- Senate as a whole. In fact, I strongly nificant increase in the price of these sage of the provision to block OMB believe that both the Senate and the imports, to the detriment of consum- from interfering with the administra- House would refect any proposal to ers. Insofar as no hearings have been November 10, 1983 CONGRESSIONAL RECORD-SENA TE 32039 held on this issue, Treasury need not moment assume that a family of four Council of Jewish Federations. consider itself obligated in any way to with an annual income of $12,871, Dairymen, Inc. proceed with this regulation., before taxes, is having an easy time Food Research and Action Center. Mr. HUDDLESTON. Mr. President, trying to make ends meet. Friends Committee on National Legisla- of- that only 30 per- tion. I voted against the amendment As to the criticism Lutheran Councils in the USA. fered by the distinguished chairman of cent of my bill is targeted to those National Association of Wheat Growers. the Senate Appropriations Committee children from families whose incomes National Black Child Development Insti- (Mr. HATFIELD) that struck from the are below $12,870 per year, I would tute. resolution language that would, point out that the 1981 Reconciliation National Consumers League. among other things, make needed im- Act did not cut the subsidies for free National Education Association. provements in the school lunch and meals. Do critics suggest that we re- National Farmers Union. other child nutrition programs. store funding for programs that were National Grange. It is my understanding that the lan- not cut? National Milk Producers Federation. guage in question is identical to H.R. The fact of the matter is that the National PTA. National Rural Housing Coalition. 4091, as passed by the House. H.R. 1981 act cut too much from the re- National School Boards Association. 4091 passed the House by a vote of 306 duced-price meal category. The dou- National Turkey Federation. to 114 and has been placed on the cal- bling of prices for lunches and the tri- Public Voice for Food and Health Policy. endar. pling of prices for breakfasts hurt chil- Rural Coalition. H.R. 4091 is the House companion dren of the working poor. And, I be- Society for Nutrition Education. bill to S. 1913, a bill I introduced on lieve that the reality of the situation United Church of Christ Office of Church September 30. Fifty Senators have calls for our action now, not possibly and Society. joined me in cosponsoring that bill. sometime next year. United Egg Producers. Seventeen of the Senators supporting It is my intention that the children U.S. Catholic Conference. the bill sit on the Senate Appropria- U.S. Conference of Mayors. who should be helped now are those World Hunger Education Service. tions Committee. who were hurt the most by the budget S. 1913 stays within the budget es- cuts-that is, children who come from PIK AND EMERGENCY LOAN PROGRAM tablished under the first concurrent working poor families. The very poor AMENDMENT OFFERED BY SENATOR BUMPERS budget resolution for fiscal year 1984. children are allowed to receive a free Mr. COCHRAN. Mr. President, I In that resolution, Congress allocated breakfast and lunch if they are in a have joined Senator BUMPERS in intro- an additional $150 million for child nu- child care food program or school. ducing a bill to correct the injustice of trition programs for fiscal year 1984. Children coming from families that a decision made by USDA regarding CBO estimates that S. 1913 will add make $12,871 per year must pay, and, procedures for operating the FmHA only $125 million to the fiscal year in 1981, Congress doubled the price of emergency loan program. In announc- 1984 child nutrition budget. those meals. It is obvious, based on the ing the payment-in-kind program the The purpose of S. 1913 is not to drop in participation, that the in- administration indicated the purpose make changes in the programs just be- creased price for a lunch or a break- was to use the Government's large in- cause the money is budgeted. Rather, fast is difficult to meet for many of ventory of commodities to pay for a it is intended to respond to what I be- the families with limited incomes. land diversion program that would sig- lieve is a deplorable situation; that is, I believe that the action by Congress nificantly reduce production and the the high dropout rate in the reduced- on the budget resolution earlier this size of surplus stocks. At the same price categories of the school lunch year, the recent vote in the House on time, such a program would also and breakfast programs. Approximate- H.R. 4091, and the number of cospon- reduce Government costs of storing ly 400,000 children who once were re- sors to my bill, S. 1913, show that both large inventories of surplus commod- ceiving reduced-price meals are no the House and Senate are determined ities. Secretary Block has indicated longer participating in the school to see that a majority of the 1 million the PIK program was a success in lunch and breakfast programs. In ad- low-income children who stopped par- terms of these stated objectives. dition, children were forced from the ticipating in the school lunch program However, I understand USDA now, free category to the reduced-price cat- because of budget cuts are again able after the production season has ended, egory because the income eligibility to participate in the program. after considerable flooding in my levels were changed for free meals. It I ask unanimous consent that a list State and other parts of the Nation, was particularly devastating for these of the organizations supporting S. and after the worst drought in over 50 children because their cost of a meal 1913 be printed at the end of my re- years that seriously affected many went from free to 40 cents. marks. farmers, has decided to expand the Although I am encouraged by the It is my hope that, in the conference role of the payment-in-kind program. Senate's support of my bill, I am per- on the continuing resolution, we will USDA now, after the fact, has decided plexed by the critical letterwriting be able to reach agreement on statuto- the PIK program was also a natural campaign over my bill and the House ry changes to make needed improve- disaster assistance program. bill. ments in the school lunch and other If USDA continues this decision, it The major criticism appears to be child nutrition programs. in effect will require a farmer to con- that my bill, as well as the House com- There being no objection, the list sider the acres idled by the PIK pro- panion bill (H.R. 4091), would restore was ordered to be printed in the gram as having not only been in pro- benefits to nonneedy children instead RECORD, as follows: duction this year but as having pro- of needy children. Let me address this ORGANIZATIONAL SUPPORTERS OF S. 1913 duced a normal income. The signifi- issue. The beneficiaries of my bill are American Federation of State, County and cance of this decision is the impact it not wealthy children as some would Municipal Employees. will have on what percentage of loss a lead you to believe. They are the chil- American Public Health Association. farmer will have to sustain on acres dren of the working poor. These are American School Food Service Associa- "actually" planted in order to qualify children from families that do not tion. for assistance under the farmers home qualify for a free meal because their Bread for the World. emergency loan program. income is over the free meal eligibility Camp Fire. Normally a farmer would have to Center on Budget and Policy Priorities. suffer a 30-percent loss in production level. These are children whose fami- Children's Defense Fund. lies may not be eligible for food Coalition on Block Grants and Human during the disaster period. The practi- stamps or other welfare programs but Needs. cal effect of USDA's decision for a whose income may be as low as $12,871 Community Nutrition Institute. farmer who placed half his acres in di- for a family of four. I would not for a Council of Great City Schools. verted and PIK acreage is that he will 32040 CO NGRESSIONAL RECORD-SENATE November 10, 1983 have to incur a 60-percent loss, not reforms which would make the cur- ment to the continuing resolution. As over 30 percent, on the acres he actu- rent continuing disability reviews my colleagues are aware, there will be ally planted to qualify for an Emer- fairer and bring some administrative other vehicles for the disability gency Production Loan. stability to the program. There are amendment, and I will work with them According to all previous procedures, some 21 States which are flouting to find a suitable one. In the mean- as indicated by FmHA instruction SSA's required standards and proce- time, I hope we will continue to work 1945-D for processing emergency dures for conducting these reviews. through our staffs to eliminate the re- loans, no authority was granted for Our staffs-that of Senator COHEN maining points of difference, so we can considering PIK acreage since the and myself and that of Senator DOLE achieve a final compromise proposal. emergency loan program was written along with the staffs of other con- Mr. LEVIN. We would certainly con- to make production loss loans for cerned Members-have been working tinue to seek an acceptable compro- losses as a result of natural disaster. for the past 2 weeks to develop a com- mise during the next few days. I thank FmHA has never given consideration promise package which all three of us the Senator from Kansas for his coop- to any payments received from ASCS can support. We are very close. But, eration, and I yield the floor to Sena- on diverted acreage under these pro- our time is running out; we may have tor COHEN. grams. Only ASCS program dollars, only 1 week left. Mr. COHEN. I too want to thank the which compensate farmers for produc- Senator COHEN and I are prepared at Senator from Kansas for his commit- tion losses as a result of a natural dis- this point to offer our bill as an ment, and I want to express my con- aster and which do not have to be amendment to the continuing resolu- tinued interest in working for a com- repaid, have been considered in deter- tion. In our discussions with Senator promise proposal. DOLE, he has advised against it but has mining whether a farmer has suffered Mr. HATFIELD. Mr. President, I a 30-percent production loss and there- promised on previous occasions a vehi- know of no other amendments on our cle to which we could attach our dis- fore whether he qualifies for emergen- side. I am told by the minority side ability provisions. cy loan assistance. there are no other amendments. There are numerous farmers in Mis- Mr. President, I would like to ask The PRESIDING OFFICER. The sissippi, and I am sure elsewhere, that the distinguished Senator from have suffered substantial losses as a Kansas if he would help us reach an question is on the engrossment of the result of adverse weather this year. agreement on a vehicle for raising the amendments and third reading of the The emergency loan program, in a disability issue. joint resolution. substantial number of cases, will be Mr. COHEN. Would the Senator The amendments were ordered to be the only source of credit available to yield? engrossed and the joint resolution to farmers to prevent them from facing a Mr. LEVIN. I would be happy to be read a third time. liquidation situation. Furthermore, in yield to my good friend from Maine, The joint resolution was read a third many cases, these farmers have been Senator COHEN. time. placed in this position as a result of Mr. COHEN. I join Senator LEVIN in The PRESIDING OFFICER. The depressed commodity prices, natural making this request to the Finance joint resolution having been read the disaster, and other reasons beyond Committee chairman. And I want to third time, the question is, Shall it their control. It is a substantially emphasize that both Senator LEVIN pass? unfair decision on the part of USDA and I applaud the efforts that Senator So the joint resolution (H.J. Res. to change rules of the assistance pro- DOLE had made on behalf of this legis- 413) was passed. gram after a natural disaster has oc- lation. He has been willing to meet Mr. HATFIELD. Mr. President, I curred and very possibly leaving many with us on numerous occasions to dis- move that the Senate insist on its farmers without adequate assistance. cuss these issues and answer our in- amendments and ask for a conference There is no doubt that weather con- quiries. with the House of Representatives on ditions this year have been severe. We are, however, under the 2-minute the disagreeing votes of the two Over 1,400 counties across 31 States warning for this legislation because its Houses thereon and that the Chair be have requested disaster status. Many benefits can be felt only if it is passed authorized to appoint the conferees on of these counties have received a disas- before we recess. Senator LEVIN and I the part of the Senate. ter declaration but in doing so USDA have refrained from offering this bill There being no objection, the Pre- has not considered PIK acres in this on other legislation because of our sin- siding Officer appointed Mr. HATFIELD, determination. cere interest in reaching a compromise Mr. GARN, Mr. COCHRAN, Mr. ANDREWS, If USDA does not consider diverted with Senator DOLE. I do not think that Mr. KASTEN, Mr. RUDMAN, Mr. STEN- and PIK acres when making county interest has waned; I just think time is NIS, Mr. CHILES, Mr. JOHNSTON, Mr. determinations, they should not use running out. That is why I join Sena- LEAHY, and Mr. DECONCINI conferees these acres in making individual tor LEVIN in asking my good friend, on the part of the Senate. farmer determinations. the Senator from Kansas, if be can Mr. BAKER. Mr. President, I shall USDA's decision is completely irra- work with us on reaching an agree- not take but only a moment. tional and has the effect of allowing ment on a vehicle for offering our I think the two managers of this liberal consideration of county re- amendment to reform the disability joint resolution, Senator HATFIELD and quests but restricted consideration of program. Senator STENNIS, and those who assist- individual farmer requests for disaster Mr. DOLE. Will the Senator yield so ed them, are due a special note of status. that I may respond? thanks for handling this measure in Mr. President, I urge my colleagues Mr. LEVIN. Of course. the way they have and in the time in the Senate to support this amend- Mr. DOLE. As my colleagues both they have. ment. know, I am sincerely interested in I offer them my congratulations for Mr. LEVIN. Mr. President, as most bringing to the floor for the Senate's it. of our colleagues know, Senator consideration legislation to amend the Mr. BYRD. Mr. President, will the COHEN and I have been working with current practices and procedures of majority leader yield? Senator DOLE, the distinguished chair- the social security disability program. Mr. BAKER. I yield. man of the Finance Committee, on That is why I have joined them in Mr. BYRD. Mr. President, I associ- legislation to reform the disability pro- trying to achieve a compromise pack- ate myself with the remarks of the gram of the Social Security Act. Our age. I, too, think we are very close, but majority leader with respect to the bill, S. 476, which is pending before I recognize their concern that time is two managers of the joint resolution. the Finance Committee, presently has running out. I appreciate their willing- They are to be complimented and I 33 cosponsors. It includes several basic ness to forgo offering their amend- think that we are all in their debt.