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

Vol. 141 WASHINGTON, THURSDAY, SEPTEMBER 21, 1995 No. 148 House of Representatives

The House met at 10 a.m. and was vide for joint natural resource management model called the flush model is being called to order by the Speaker pro tem- and enforcement of laws and regulations per- used by Federal agencies as the basis pore [Mr. HAYWORTH]. taining to natural resources and boating at for Columbia River salmon recovery ef- the Jennings Randolph Lake Project lying in forts. While this model is used to jus- f Garrett County, Maryland and Mineral tify reservoir drawdowns and spend DESIGNATION OF SPEAKER PRO County, West Virginia, entered into between the States of West Virginia and Maryland; hundreds of millions of dollars of ex- TEMPORE and penditures, its scientific base has never The SPEAKER pro tempore laid be- S. Con. Res. 27. Concurrent resolution cor- been made public nor subject to peer fore the House the following commu- recting the enrollment of H.R. 402. review. nication from the Speaker: f Despite months of repeated requests, I have not been able to obtain this WASHINGTON, DC, September 21, 1995. THE JOURNAL model. The Resources Committee, I hereby designate the Honorable J.D. The SPEAKER pro tempore (Mr. under Chairman YOUNG, will issue a HAYWORTH to act as Speaker pro tempore on HAYWORTH). The Chair has examined formal request for a copy of this model, this day. the Journal of the last day’s proceed- but this information should have been NEWT GINGRICH, ings and announces to the House his available for public and peer review be- Speaker of the House of Representatives. approval thereof. fore the planning and costs of salmon f Pursuant to clause 1, rule I, the Jour- recovery began. nal stands approved. But I have to ask: What do they have PRAYER to hide? f The Chaplain, Rev. James David f Ford, D.D., offered the following pray- PLEDGE OF ALLEGIANCE er: MEDICARE CUTS FOR TAX CUTS Let us pray using the words of St. The SPEAKER pro tempore. The gen- (Mr. PALLONE asked and was given Francis. tlewoman from New York [Mrs. permission to address the House for 1 Lord, make us instruments of Your MALONEY] will lead the membership in minute and to revise and extend his re- peace. Where there is hatred, let us sow the Pledge of Allegiance. marks.) love; where there is injury, pardon; Mrs. MALONEY led the Pledge of Al- Mr. PALLONE. Mr. Speaker, today is where there is discord, union; where legiance as follows: Thursday, September 21, and we still there is doubt, faith; where there is de- I pledge allegiance to the Flag of the have no Medicare plan from Speaker spair, hope; where there is darkness, United States of America, and to the Repub- GINGRICH and the House Republican light; where there is sadness, joy. lic for which it stands, one nation under God, leadership. Grant that we may not so much seek indivisible, with liberty and justice for all. As you know, we were supposed to to be consoled as to console; to be un- f have it yesterday, and today was sup- derstood as to understand; to be loved ANNOUNCEMENT BY THE SPEAKER posed to be 1 day of hearings before the as to love. PRO TEMPORE House Committee on Ways and Means For it is in giving that we receive; it on the plan. Instead, the meeting was is in pardoning that we are pardoned; The SPEAKER pro tempore. The delayed. It is now scheduled for tomor- and it is in dying that we are born to Chair will entertain ten 1-minutes from row, and we still have no Medicare plan eternal life. Amen. each side. to outline how the Republican leader- f f ship is going to cut $270 billion from Medicare over the next 7 years. MESSAGE FROM THE SENATE SALMON FLUSH MODEL The Democrats feel very strongly A message from the Senate by Mr. (Mr. METCALF asked and was given there should be at least 4 weeks of Lundregan, one of its clerks, an- permission to address the House for 1 hearings on Medicare and Medicaid. We nounced that the Senate had passed minute and to revise and extend his re- tried to bring that up in the House yes- bills of the following titles, in which marks.) terday and were denied that by the Re- the concurrence of the House is re- Mr. METCALF. Mr. Speaker, salmon publican majority. Instead, we are quested: rehabilitation on the Columbia River is going to have to have our own alter- S.J. Res. 20. Joint resolution granting the required by the Endangered Species native hearings starting tomorrow and consent of Congress to the compact to pro- Act. In Washington State, a computer going into next week just so that the

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

H 9365 H 9366 CONGRESSIONAL RECORD — HOUSE September 21, 1995 American people can find out what the They are cutting $270 billion to pre- America is becoming a colony once Republican plan is for cutting Medi- serve corporate welfare, extravagant again. The American workers are fight- care and Medicaid, how they are going defense spending, and tax cuts. The re- ing for their very jobs. The American to implement it, and how they are sult for senior citizens is higher pre- people need jobs, not debate. going to figure out what they are going miums, less access, low-quality health f to do to prevent the fact, to prevent all care, and, in many cases, poverty. the tax cuts for Medicare cuts. The $270 billion cut is far in excess of THE LEGAL SERVICES CORPORATION f what is needed to keep Medicare sol- vent, yet Republicans have the gall to (Ms. VELA´ ZQUEZ asked and was SPEAK OUT AGAINST VIOLENCE say they are saving Medicare. given permission to address the House (Mrs. MYRICK asked and was given They will save Medicare, all right. It for 1 minute and to revise and extend permission to address the House for 1 will be a classic case of the operation her remarks.) minute and to revise and extend her re- was a success, but the patient died. Ms. VELA´ ZQUEZ. Mr. Speaker, last marks.) Let us have real hearings. Medicare week, by voting to terminate the Legal Mrs. MYRICK. Mr. Speaker, I could is the real contract with the American Services Corporation, Republicans not let another day go by without com- people. committed one of the most shameful menting on two senseless incidents f attacks on the working poor that I that have happened in the last week have ever witnessed. INTRODUCTION OF THE MEDICARE In my own community, Brooklyn that are very, very frustrating to me. PRESERVATION ACT One of them was in my own home Legal Services is there day after day, city of Charlotte, where a teenager, a (Mr. HOKE asked and was given per- whether it is intervening to save an el- high school student, was senselessly mission to address the House for 1 derly woman from eviction or helping gunned down in a drive-by shooting. It minute.) tenants receive fair treatment from was not the first time it has happened, Mr. HOKE. Mr. Speaker, today being their landlord. Legal Services is there there or in other parts of the country. introduced in the House of Representa- fighting for their forgotten people. Last week there was an incident in tives is the Medicare Preservation Act, Mr. Speaker, the Constitution says Los Angeles where a young couple a comprehensive plan for a better Med- that we are all entitled to equal protec- made a wrong turn. When they tried to icare. tion under the law, but in today’s soci- turn around, they were stopped by a What you have heard from the other ety, some of us are ore equal than oth- gang of youths who literally fired into side and what you hear repeatedly is ers. In this country, if you have the their car, killed a 2-year-old, injured a this notion there have not been hear- money to hire a good lawyer, you can 2-year-old and an adult. ings or there will not be hearings. It is make your way through our legal sys- I just ask: What has happened in simply not true. tem. But if you are poor, you will lose America, and how long are we going to The fact is, and everybody knows it, regardless of whether you are right or stand back and allow this to go on that we have been dealing with this wrong. without us as a people speaking up? I problem now for at least 3 years, that Nothing should come at the price of mean, it is just like it has become so it is clear the trustees of the Medicare denying individuals their constitu- common and everyday what we do, feel, trust fund have said the trust fund is tional rights. or say, that is just the way it is. We ig- going broke. We have to do something I urge my colleagues to support the nore it. about it. We have to do something Legal Services Corporation. Let us I implore everybody, no matter about it now. show the American people there are There has been voluminous testi- where you live in this country, to start still Members in this House willing to mony, numerous, innumerable hear- to speak out, to let your voice be heard fight for those in need of a helping ings, tens of thousands of pages of evi- and to say we are not going to tolerate hand. dence that has been given, and that this type of behavior in this great land Mr. Speaker, I rise before you today to ex- somehow this subject that has been of the United States any longer. press my outrage over last week's move by aired as exhaustively as any subject House Republicans to terminate the Legal f has been in the United States in the Services Corporation. These actions represent ANNOUNCEMENT BY THE SPEAKER past 3 years has not gotten hearings is a shameful attack on the poor of this country. PRO TEMPORE absolutely ridiculous. It is untrue. Mr. Speaker, many of my colleagues will What we will do, and what we are argue that we cannot afford programs like the The SPEAKER pro tempore. The gal- going to do, and what the American Legal Services Corporation in this time of fis- lery is reminded they must refrain people expect us to do, is to preserve, cal constraint. But I challenge them, and I ask, from applause or other editorial com- protect, and strengthen the Medicare ``How can we not?'' ments during the course of proceed- Program. Let me tell you about a life that the Brooklyn ings. f Legal Services Corporation saved. An 86- f year-old latino womanÐone of my commu- THE AMERICAN PEOPLE NEED nity's abuelitasÐwho was to be evicted from MEDICARE IS THE REAL JOBS, NOT DEBATE her home. It seems the landlord wanted this CONTRACT WITH AMERICA (Mr. TRAFICANT asked and was elderly woman's apartment for his own use, (Mrs. MALONEY asked and was given given permission to address the House and decided to solve the problem by throwing permission to address the House for 1 for 1 minute and to revise and extend her out on the street. What he did not tell her, minute and to revise and extend her re- his remarks.) and what she did not know, was that under marks.) Mr. TRAFICANT. Mr. Speaker, the law senior citizens are protected from such Mrs. MALONEY. Mr. Speaker, the AT&T, after having already laid off evictions. The landlord was maliciously tricking Republican plan to cut Medicare by 20,000 American workers, announced it this woman intoÐliterallyÐsigning away her $270 billion strikes a mortal blow to will lay off another 8,500, including right to this apartment. Then, Brooklyn Legal health security for all senior citizens. 1,000 workers in Dayton, OH. AT&T Services Corporation stepped in. They as- Their plan to hold just 1 day of hear- said through a spokesman they are re- sessed the woman of her rights, and halted an ings is an insult to democracy. structuring because our economy is so injustice that would have condemned her to a We had 28 days of hearings for strong. certain death on the streets. Whitewater, 10 days for Waco, 8 days Some economy, folks. Check it out. This is not an occasional happening. Re- for Ruby Ridge, and we are having 1 Westinghouse cut 6,000 jobs, United cently, a landlord in my district decided that day only, only 1 day, for Medicare. I Technologies 11,000, McDonnell Doug- because he was going to sell his apartment defy anyone to find an American any- las 9,000, IBM 50,000, General Motors building he no longer needed to bother with its where in this country outside of Wash- 100,000, Xerox, Eastman Kodak 40,000. maintenance and upkeep, so he left the fami- ington, DC, who agrees with that legis- Truth is, ladies and gentlemen, while lies living there to fend for themselves. The lative agenda. Congress fights over partisan politics, building deteriorated, and it became a place September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9367 unfit to live inÐlet alone raise a family. Once to be a limit on affordable health care year just as they used to do. It is sim- again, Brooklyn Legal Services Corporation in- for every senior citizen, so if you de- ple. If the appropriations bills do not tervened, and worked to get the building up- pend on your car, you are going over 65, pass, we do not get paid. dated. Today, these families have a clean and do not worry about it, you are safe. Yesterday, I met with Federal em- safe building. But if you depend on Medicare and ployees from my district who said, ‘‘We Mr. Speaker, the Constitution says we are you are over 65, watch out, the GOP are scared. We have to pay rent. We all entitled to equal protection under the law, has its sights on you. They are going to have car payments to pay. We have but in today's society some of us seem to be pull you over, hand you a big ticket, food to buy for our families, and Con- more equal than others. You see, in this coun- just so that they can pay out the pow- gress is playing with our lives.’’ I said, try if you have the money to hire a good law- erful few who paid for this victory last no; we are going to put ourselves in the yer, you can make your way through our legal November. That is why there is a new same position that you are in and ex- system. If you are poor, new to this country, health limit in America, but there is pect the same kind of treatment that or don't understand the legal system, how- no limit on how low the Republicans you receive. We have to get behind bal- ever, you will lose regardless of whether you will stoop. They will add to the wealth ancing the budget. We have to take it are right or wrong. That's why the efforts of of the upper class and destroy the seriously. We have to show that we are the Legal Services Corporation are so impor- health of the middle class. serious and will not get paid until the tant. They are in over 900 communities, work- So, slow down, Mr. Speaker, because job is done. ing to make sure that those who need help you are going too fast. My bill will prove just how serious we are. have a fighting chance. f I ask my colleagues to join me by cospon- I urge my colleagues to support the efforts SAY IT AGAIN, SAM soring this important piece of legislation to of the LSC. Let us show the American people show the American people that we are willing that there are still Members in Congress (Mrs. SCHROEDER asked and was to put our money where our mouth is. willing to fight for those in need of a helping given permission to address the House hand. f for 1 minute and to revise and extend f her remarks.) b 1015 DEAL WITH THE FACTS ABOUT Mrs. SCHROEDER. Mr. Speaker, the ONLY 1 DAY MEDICARE gentleman from Florida [Mr. GIBBONS] is one of the authentic heroes of this (Mr. GENE GREEN of Texas asked (Mr. RIGGS asked and was given per- body. This man was a paratrooper in and was given permission to address mission to address the House for 1 World War II. He reclaimed Europe the House for 1 minute and to revise minute.) from the Nazi blitzkrieg. He has served Mr. RIGGS. Mr. Speaker, our liberal and extend his remarks.) the public interest from the day he was Mr. GENE GREEN of Texas. Mr. colleagues on the other side of the aisle old enough to do anything. He loves have a very distorted view of politics. Speaker, no wonder there are brawls in that flag more than anyone. the House of Congress. It turns out They equate leadership with scaring As ranking member on the Commit- people, and they figure the only way that the Republican plan to raid Medi- tee on Ways and Means, he has served care of $270 billion to pay for $245 bil- they can shape events is by fear, by in- there longer and knows more about timidation, and by denying reality. lion in tax cuts. By a party-line vote Medicaid and Medicare than anyone in the Republicans delayed the release of This has had a fraudulent approach this body, and yesterday he had every to politics, and it ultimately cheats their plan and only committed to 1 day right to blow up because he found there of hearings, maybe tomorrow. the American people out of good gov- were no facts, there was no plan, there ernment, does a disservice to our whole We had 28 days of hearings on were no details, and that is very trou- Whitewater, 10 days on hearings on country. bling. Let us look at Medicare. We have Waco, and 8 days of hearings on Ruby We are being accused of trying to Ridge, and I did not object to any of been hearing these constant com- scare senior citizens. Well, if their plan plaints. We saw this ranting and raving those hearings. That is what Congress is so non-scary, why can they not show is supposed to do, is to have hearings. yesterday in the Halls of Congress re- it? The best assurance he got was if garding our proposal to protect and But this shows the hypocrisy of the Re- they ever get a plan, they will give 1 publicans when they are taking only 1 save and strengthen Medicare. whole day of hearings to that plan. Where is the Democratic plan? One day to hold hearings on their plan they That is wrong. are so proud of. can only deduce by the lack of any plan Say it again, SAM; say it again, SAM; Why is the majority rushing the Med- from the Democrats they are prepared and say it again, SAM. icare reform bill to the House floor for to vote for a drastic increase in payroll f taxes or to ration health care benefits a vote before the 37 million elderly or even worse, to bankrupt Medicare. INTRODUCTION OF THE CONGRES- Americans and their families have Mr. Speaker, saving Medicare means SIONAL PAY ACCOUNTABILITY time to review the plan? I think the dealing with the facts and leading, not ACT OF 1995 answer is clear. The Republican major- ity, they do not want the American denying the facts and scaring Ameri- (Mr. BUNN of Oregon asked and was people to know what is in their Medi- cans. given permission to address the House care reform bill because it does major f for 1 minute and to revise and extend surgery when only minor surgery is his remarks.) needed. The $270 billion cut for Medi- SLOW DOWN ON MEDICARE Mr. BUNN of Oregon. Mr. Speaker, as care and the $245 billion cut in tax (Mr. GUTIERREZ asked and was we come to the end of the fiscal year, cuts, we can cure Medicare by cutting given permission to address the House many of my colleagues on the other fraud, waste, and abuse, but not major for 1 minute and to revise and extend side of the aisle seem more concerned surgery. his remarks.) about their salaries rather than the Mr. GUTIERREZ. Mr. Speaker, with important issue of balancing the budg- f all the changes the Republicans are et. WHY ALL THE CRITICISM ON THE making, we should put some new signs My Republican colleagues and I are PROPOSED $245 BILLION TAX CUT to warn everybody. committed to delivering on our prom- Like the new highway bill, your ise of balancing the budget, and now is (Mr. DUNCAN asked and was given State could have a new speed limit, not the time to show how serious we are. permission to address the House for 1 65 miles an hour, but 65 plus. That is why I introduced H.R. 2351, minute and to revise and extend his re- There is another new limit that peo- the Congressional Pay Accountability marks.) ple should know about. Take a look, it Act. This bill will show the American Mr. DUNCAN. Mr. Speaker, there has is the Republican health care limit, 65 people that we are serious. H.R. 2351 re- been so much political criticism of the years old. That is right. When the Re- quires that Congress return to appro- proposed $245 billion tax cut—but what publicans raid Medicare, there is going priating Members of Congress each are the facts? H 9368 CONGRESSIONAL RECORD — HOUSE September 21, 1995 First, this tax cut is spread over 7 Disposition System, and neutralized hate the idea of tax cuts. Giving tax years and averages about $35 billion a the Community Redevelopment Agen- cuts to the middle class is an absolute year. cy, among others. anathema to them, and so, therefore, This is just 2 percent of Federal Mr. Speaker, these cuts were not they come to the floor day after day spending over that period. Federal based on facts and insights from expert and suggest that the idea of giving tax spending has risen almost 300 percent testimony or those impacted by those cuts to the middle class is exactly the over the last 15 years. Do you really decisions. Why? Because not one public wrong national policy and we ought to think we cannot give just 2 percent hearing was held regarding these pro- do nothing in terms of a budget that back? grams. would get us to tax cuts for the middle Second, some of this tax cut will go During the bill’s markup, Mr. Speak- class, because after all, they know that to upper income citizens—but most of er, Republicans and Democrats asked if we simply give a bigger and bigger it will go to lower and middle income questions that could not be answered, Federal Government more money, that people. Somehow, we never hear about forcing members to make decisions on that is the way to economic prosperity. that. communities and their housing needs Mr. Speaker, it is nonsense. The Third, DICK ARMEY, our Republican with little understanding of their im- American people understand that their majority leader, has introduced a flat pact. With these cuts, Mr. Speaker, far entire concept is nonsense. tax proposal that totally excludes from too many will suffer before we all real- Now they are talking about Medi- Federal income taxes the first $26,000 of ize the painful consequences of the care. We have a program to strengthen income for a single person and the first committee’s actions. Medicare in a way to assure that Medi- $38,000 for a married couple. It is tragic Republicans have applied care is there for people in the future. This would do a whole lot more for the same ignorance-is-bliss in deter- Otherwise in 7 years it goes broke. The poor people than all the political rhet- mining key policy issues for America. Democrats have nothing. They are oric coming from those who do not f coming to the floor, and they have want to cut taxes at all. nothing. They have offered nothing, The people of this Nation need some RAMMING THE MEDICARE PLAN they are willing to debate nothing, of their money back—the bureaucrats THROUGH CONGRESS REP- they have no plan whatsoever. They have taken too much for far too long. RESENTS A NEW LOW are willing to countenance bankruptcy. f (Ms. WOOLSEY asked and was given So understand what their budget pol- permission to address the House for 1 icy is. Their budget policy is bankrupt TRUE INTENT OF THE REPUB- minute and to revise and extend her re- the American family by taxing them to LICANS’ PLANS FOR MEDICARE marks.) death, and bankrupt the Medicare sys- (Mr. RICHARDSON asked and was Ms. WOOLSEY. Mr. Speaker, I have tem so that nobody has medical care in given permission to address the House said before that the new majority is the future. going too far, too fast, and now I add for 1 minute and to revise and extend f his remarks.) the words, ‘‘too low.’’ Yes, the way Mr. RICHARDSON. Mr. Speaker, how they are trying to ram their Medicare CUBAN LIBERTY AND DEMOCRATIC can we preserve, protect, and save Med- plan through the Congress represents a SOLIDARITY ACT OF 1995 icare, as the Republicans claim to do, new low in backroom attacks on our The SPEAKER pro tempore (Mr. by cutting $270 billion out of Medicare seniors. HAYWORTH). Pursuant to House Resolu- Let us make it clear; The new major- and drastically increasing premium tion 225 and rule XXIII, the Chair de- ity is allowing only 1 day of hearings fees and payroll taxes for 37 million el- clares the House in the Committee of on their Medicare plan. I repeat 1 day derly Americans? We cannot do it, and the Whole House on the State of the of hearings. that is why Republicans are hiding the Union for the further consideration of As a former city council member, I details of their Medicare plan and hold- the bill, H.R. 927. ing no hearings. I ask, can you blame can tell you that we had more debate them? on sidewalk improvements than Speak- b 1024 Mr. Speaker, they do not want to er GINGRICH will allow on Medicare IN THE COMMITTEE OF THE WHOLE talk about it. They are setting up the which affects millions of seniors and Accordingly the House resolved itself American people and the Congress for a their families. But, you know, if I was into the Committee of the Whole House railroading of their plan in less than 10 in the new majority, I’d be hiding their on the State of the Union for the fur- days, hoping everyone will forget. They Medicare plan, too, because it in- ther consideration of the bill (H.R. 927) hope that no one will know the true in- creases premiums on seniors and takes to seek international sanctions against tent of this plan, and that is to give a away their choice of doctor for one rea- the Castro government in Cuba, to plan tax cut for America’s wealthiest. son, and for one reason only: to pay for for support of a transition government Mr. Speaker, that is not right. Let us one of the most outrageous and unfair leading to a democratically elected be open. Let us see the light of day of tax giveaways in American history. government in Cuba, and for other pur- this Medicare plan, and let us debate it Mr. Speaker, let us see the full de- poses, with Mr. DUNCAN in the chair. openly. tails of your Medicare plan. Let us The Clerk read the title of the bill. Democrats have an alternative, and have public hearings. Let us get it out The CHAIRMAN. When the Commit- Democrats want to protect Medicare. in the open, because as far as I am con- tee of the Whole rose on Wednesday, cerned, a plan that cannot withstand f September 20, 1995, all time for general the bright light of day simply is not debate had expired. THE REPUBLICANS’ IGNORANCE-IS- good enough for the seniors and fami- Pursuant to the rule, the amendment BLISS WAY OF MAKING DECI- lies of this country. SIONS ON HOUSING PROGRAMS in the nature of a substitute consisting f of the text of H.R. 2347 is considered as (Ms. ROYBAL-ALLARD asked and an original bill for the purpose of was given permission to address the THE DEMOCRATS’ WAY TO ECO- amendment and is considered read. House for 1 minute and to revise and NOMIC PROSPERITY IS NON- The text of the amendment in the na- extend her remarks.) SENSE ture of a substitute is as follows: Ms. ROYBAL-ALLARD. Mr. Speaker, (Mr. WALKER asked and was given the House Committee on Banking and permission to address the House for 1 Be it enacted by the Senate and House of Rep- Financial Services cut $2.4 billion in resentatives of the United States of America in minute.) Congress assembled, banking and housing services for poor Mr. WALKER. Mr. Speaker, it is fas- and moderate-income Americans. cinating to listen to the parade of peo- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.—This Act may be cited as These draconian cuts eliminated the ple from the minority party come be- the ‘‘Cuban Liberty and Democratic Solidar- RTC and FDIC affordable housing pro- fore this Congress and tell us why they ity (LIBERTAD) Act of 1995’’. grams, the FHA Mortgage Assignment are in the minority. They are in the (b) TABLE OF CONTENTS.—The table of con- Program, the Multifamily Property minority in large part because they tents of this Act is as follows: September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9369 Sec. 1. Short title; table of contents. viet bloc to conduct economic relations with tion of tolerating the democratization of Sec. 2. Findings. Cuba on strictly commercial terms. Cuban society. Sec. 3. Purposes. (2) At the same time, the welfare and (17) The Castro government holds innocent Sec. 4. Definitions. health of the Cuban people have substan- Cubans hostage in Cuba by no fault of the TITLE I—SEEKING SANCTIONS AGAINST tially deteriorated as a result of this eco- hostages themselves solely because relatives THE CASTRO GOVERNMENT nomic decline and the refusal of the Castro have escaped the country. Sec. 101. Statement of policy. regime to permit free and fair democratic (18) Although a signatory state to the 1928 Sec. 102. Enforcement of the economic em- elections in Cuba. Inter-American Convention on Asylum and bargo of Cuba. (3) The Castro regime has made it abun- the International Covenant on Civil and Po- Sec. 103. Prohibition against indirect financ- dantly clear that it will not engage in any litical Rights (which protects the right to ing of the Castro dictatorship. substantive political reforms that would lead leave one’s own country), Cuba nevertheless Sec. 104. United States opposition to Cuban to democracy, a market economy, or an eco- surrounds embassies in its capital by armed membership in international fi- nomic recovery. forces to thwart the right of its citizens to nancial institutions. (4) The repression of the Cuban people, in- seek asylum and systematically denies that Sec. 105. United States opposition to ending cluding a ban on free and fair democratic right to the Cuban people, punishing them the suspension of the Govern- elections, and continuing violations of fun- by imprisonment for seeking to leave the ment of Cuba from the Organi- damental human rights have isolated the country and killing them for attempting to zation of American States. Cuban regime as the only completely do so (as demonstrated in the case of the Sec. 106. Assistance by the Independent nondemocratic government in the Western confirmed murder of over 40 men, women, States of the former Soviet Hemisphere. and children who were seeking to leave Cuba Union for the Cuban Govern- (5) As long as free elections are not held in on July 13, 1994). ment. Cuba, the economic condition of the country (19) The Castro government continues to Sec. 107. Television broadcasting to Cuba. and the welfare of the Cuban people will not utilize blackmail, such as the immigration Sec. 108. Reports on assistance and com- improve in any significant way. crisis with which it threatened the United merce received by Cuba from (6) The totalitarian nature of the Castro States in the summer of 1994, and other un- other foreign countries. regime has deprived the Cuban people of any acceptable and illegal forms of conduct to in- Sec. 109. Authorization of support for demo- peaceful means to improve their condition fluence the actions of sovereign states in the cratic and human rights groups and has led thousands of Cuban citizens to Western Hemisphere in violation of the Char- and international observers. risk or lose their lives in dangerous attempts ter of the Organization of American States Sec. 110. Withholding of foreign assistance to escape from Cuba to freedom. and other international agreements and from countries supporting nu- (7) Radio Marti and Television Marti have international law. clear plant in Cuba. both been effective vehicles for providing the (20) The United Nations Commission on Sec. 111. Expulsion of criminals from Cuba. people of Cuba with news and information Human Rights has repeatedly reported on and have helped to bolster the morale of the the unacceptable human rights situation in TITLE II—ASSISTANCE TO A FREE AND people of Cuba living under tyranny. Cuba and has taken the extraordinary step of INDEPENDENT CUBA (8) The consistent policy of the United appointing a Special Rapporteur. Sec. 201. Policy toward a transition govern- States towards Cuba since the beginning of (21) The Cuban Government has consist- ment and a democratically the Castro regime, carried out by both ently refused access to the Special elected government in Cuba. Democratic and Republican administrations, Rapporteur and formally expressed its deci- Sec. 202. Assistance for the Cuban people. has sought to keep faith with the people of sion not to ‘‘implement so much as one Sec. 203. Coordination of assistance pro- Cuba, and has been effective in sanctioning comma’’ of the United Nations Resolutions gram; implementation and re- the totalitarian Castro regime. appointing the Rapporteur. ports to Congress; (9) The United States has shown a deep (22) The United Nations General Assembly reprogramming. commitment, and considers it a moral obli- passed Resolution 1992/70 on December 4, Sec. 204. Termination of the economic em- gation, to promote and protect human rights 1992, Resolution 1993/48/142 on December 20, bargo of Cuba. and fundamental freedoms as expressed in 1993, and Resolution 1994/49/544 on October 19, Sec. 205. Requirements for a transition gov- the Charter of the United Nations and in the 1994, referencing the Special Rapporteur’s re- ernment. Universal Declaration of Human Rights. ports to the United Nations and condemning Sec. 206. Requirements for a democratically (10) The Congress has historically and con- ‘‘violations of human rights and fundamen- elected government. sistently manifested its solidarity and the tal freedoms’’ in Cuba. TITLE III—PROTECTION OF PROPERTY solidarity of the American people with the (23) Article 39 of Chapter VII of the United RIGHTS OF UNITED STATES NATION- democratic aspirations of the Cuban people. Nations Charter provides that the United ALS AGAINST CONFISCATORY TAKINGS (11) The Cuban Democracy Act of 1992 calls Nations Security Council ‘‘shall determine BY THE CASTRO REGIME upon the President to encourage the govern- the existence of any threat to the peace, Sec. 301. Statement of policy. ments of countries that conduct trade with breach of the peace, or act of aggression and Sec. 302. Liability for trafficking in prop- Cuba to restrict their trade and credit rela- shall make recommendations, or decide what erty confiscated from United tions with Cuba in a manner consistent with measures shall be taken . . ., to maintain or States nationals. the purposes of that Act. restore international peace and security.’’. Sec. 303. Determination of claims to con- (12) The 1992 FREEDOM Support Act re- (24) The United Nations has determined fiscated property. quires that the President, in providing eco- that massive and systematic violations of Sec. 304. Exclusivity of Foreign Claims Set- nomic assistance to Russia and the emerging human rights may constitute a ‘‘threat to tlement Commission certifi- Eurasian democracies, take into account the peace’’ under Article 39 and has imposed cation procedure. extent to which they are acting to ‘‘termi- sanctions due to such violations of human nate support for the communist regime in rights in the cases of Rhodesia, South Africa, TITLE IV—EXCLUSION OF CERTAIN Cuba, including removal of troops, closing Iraq, and the former Yugoslavia. ALIENS military facilities, and ceasing trade sub- (25) In the case of Haiti, a neighbor of Cuba Sec. 401. Exclusion from the United States sidies and economic, nuclear, and other as- not as close to the United States as Cuba, of aliens who have confiscated sistance’’. the United States led an effort to obtain and property of United States na- (13) The Cuban Government engages in the did obtain a United Nations Security Council tionals or who traffic in such illegal international narcotics trade and har- embargo and blockade against that country property. bors fugitives from justice in the United due to the existence of a military dictator- SEC. 2. FINDINGS. States. ship in power less than 3 years. The Congress makes the following findings: (14) The Castro government threatens (26) United Nations Security Council Reso- (1) The economy of Cuba has experienced a international peace and security by engaging lution 940 of July 31, 1994, subsequently au- decline of at least 60 percent in the last 5 in acts of armed subversion and terrorism thorized the use of ‘‘all necessary means’’ to years as a result of— such as the training and supplying of groups restore the ‘‘democratically elected govern- (A) the end of its subsidization by the dedicated to international violence. ment of Haiti’’, and the democratically former Soviet Union of between 5 billion and (15) The Castro government has utilized elected government of Haiti was restored to 6 billion dollars annually; from its inception and continues to utilize power on October 15, 1994. (B) 36 years of Communist tyranny and torture in various forms (including by psy- (27) The Cuban people deserve to be as- economic mismanagement by the Castro chiatry), as well as execution, exile, sisted in a decisive manner to end the tyr- government; confiscation, political imprisonment, and anny that has oppressed them for 36 years (C) the extreme decline in trade between other forms of terror and repression, as and the continued failure to do so con- Cuba and the countries of the former Soviet means of retaining power. stitutes ethically improper conduct by the bloc; and (16) Fidel Castro has defined democratic international community. (D) the stated policy of the Russian Gov- pluralism as ‘‘pluralistic garbage’’ and con- (28) For the past 36 years, the Cuban Gov- ernment and the countries of the former So- tinues to make clear that he has no inten- ernment has posed and continues to pose a H 9370 CONGRESSIONAL RECORD — HOUSE September 21, 1995

national security threat to the United (6) ECONOMIC EMBARGO OF CUBA.—The term and which has its principal place of business States. ‘‘economic embargo of Cuba’’ refers to the in the United States. SEC. 3. PURPOSES. economic embargo imposed against Cuba TITLE I—SEEKING SANCTIONS AGAINST The purposes of this Act are as follows: pursuant to section 620(a) of the Foreign As- THE CASTRO GOVERNMENT (1) To assist the Cuban people in regaining sistance Act of 1961 (22 U.S.C. 2370(a)), sec- SEC. 101. STATEMENT OF POLICY. their freedom and prosperity, as well as in tion 5(b) of the Trading With the Enemy Act It is the sense of the Congress that— joining the community of democracies that (50 U.S.C. App. 5(b)), the International Emer- (1) the acts of the Castro government, in- are flourishing in the Western Hemisphere. gency Economic Powers Act (50 U.S.C. 1701 cluding its massive, systematic, and extraor- (2) To seek international sanctions against and following), and the Export Administra- dinary violations of human rights, are a the Castro government in Cuba. tion Act of 1979 (50 U.S.C. App. 2401 and fol- threat to international peace; (3) To encourage the holding of free and lowing), as modified by the Cuban Democ- (2) the President should advocate, and fair democratic elections in Cuba, conducted racy Act of 1992 (22 U.S.C. 6001 and follow- should instruct the United States Permanent under the supervision of internationally rec- ing). Representative to the United Nations to pro- ognized observers. (7) FOREIGN NATIONAL.—The term ‘‘foreign pose and seek, within the Security Council, a (4) To develop a plan for furnishing assist- national’’ means— mandatory international embargo against ance to a transition government and, subse- (A) an alien; or the totalitarian Cuban Government pursuant quently, to a democratically elected govern- (B) any corporation, trust, partnership, or to chapter VII of the Charter of the United ment when such governments meet the eligi- other juridical entity not organized under Nations, which is similar to measures taken bility requirements of this Act. the laws of the United States, or of any by United States representatives with re- (5) To protect property rights abroad of State, the District of Columbia, the Com- spect to Haiti; and United States nationals. monwealth of Puerto Rico, or any other ter- (3) any resumption or commencement of (6) To provide for the continued national ritory or possession of the United States. efforts by any state to make operational the security of the United States in the face of (8) KNOWINGLY.—The term ‘‘knowingly’’ nuclear facility at Cienfuegos, Cuba, will continuing threats from the Castro govern- means with knowledge or having reason to have a detrimental impact on United States ment of terrorism, theft of property from know. assistance to and relations with that state. United States nationals, and domestic re- (9) PROPERTY.—(A) The term ‘‘property’’ SEC. 102. ENFORCEMENT OF THE ECONOMIC EM- pression from which refugees flee to United means any property (including patents, BARGO OF CUBA. States shores. copyrights, trademarks, and any other form (a) POLICY.—(1) The Congress hereby reaf- SEC. 4. DEFINITIONS. of intellectual property), whether real, per- firms section 1704(a) of the Cuban Democracy As used in this Act, the following terms sonal, or mixed, and any present, future, or Act of 1992 that states the President should have the following meanings: contingent right, security, or other interest encourage foreign countries to restrict trade (1) APPROPRIATE CONGRESSIONAL COMMIT- therein, including any leasehold interest. and credit relations with Cuba. TEES.—The term ‘‘appropriate congressional (B) For purposes of title III of this Act, the (2) The Congress further urges the Presi- committees’’ means the Committee on Inter- term ‘‘property’’ shall not include real prop- dent to take immediate steps to apply the national Relations, the Committee on Ways erty used for residential purposes unless, as sanctions described in section 1704(b) of that and Means, and the Committee on Appro- of the date of the enactment of this Act— Act against countries assisting Cuba. priations of the House of Representatives (i) the claim to the property is owned by a (b) DIPLOMATIC EFFORTS.—The Secretary of and the Committee on Foreign Relations, United States national and the claim has State shall ensure that United States diplo- the Committee on Finance, and the Commit- been certified under title V of the Inter- matic personnel abroad understand and, in tee on Appropriations of the Senate. national Claims Settlement Act of 1949; or their contacts with foreign officials, are (2) COMMERCIAL ACTIVITY.—The term ‘‘com- (ii) the property is occupied by a member communicating the reasons for the United mercial activity’’ has the meaning given or official of the Cuban Government or the States economic embargo of Cuba, and are that term in section 1603(d) of title 28, Unit- ruling political party in Cuba. urging foreign governments to cooperate ed States Code. (10) TRAFFICS.—(A) As used in title III, a more effectively with the embargo. (c) EXISTING REGULATIONS.—The President (3) CONFISCATED.—As used in titles I and person or entity ‘‘traffics’’ in property if III, the term ‘‘confiscated’’ refers to— that person or entity knowingly and inten- should instruct the Secretary of the Treas- (A) the nationalization, expropriation, or tionally— ury and the Attorney General to enforce other seizure by the Cuban Government of (i) sells, transfers, distributes, dispenses, fully the Cuban Assets Control Regulations ownership or control of property, on or after brokers, manages, or otherwise disposes of set forth in part 515 of title 31, Code of Fed- January 1, 1959— confiscated property, or purchases, leases, eral Regulations. (d) TRADING WITH THE ENEMY ACT.— (i) without the property having been re- receives, possesses, obtains control of, man- (1) CIVIL PENALTIES.—Subsection (b) of sec- turned or adequate and effective compensa- ages, uses, or otherwise acquires or holds an tion 16 of the Trading With the Enemy Act tion provided; or interest in confiscated property, (50 U.S.C. App. 16(b)) is amended to read as (ii) without the claim to the property hav- (ii) engages in a commercial activity using follows: ing been settled pursuant to an international or otherwise benefiting from confiscated ‘‘(b)(1) A civil penalty of not to exceed claims settlement agreement or other mutu- property, or $50,000 may be imposed by the Secretary of ally accepted settlement procedure; and (iii) causes, directs, participates in, or the Treasury on any person who violates any (B) the repudiation by the Cuban Govern- profits from, trafficking (as described in license, order, rule, or regulation issued in ment of, the default by the Cuban Govern- clauses (i) and (ii)) by another person, or oth- compliance with the provisions of this Act. ment on, or the failure by the Cuban Govern- erwise engages in trafficking (as described in ‘‘(2) Any property, funds, securities, pa- ment to pay, on or after January 1, 1959— clauses (i) and (ii)) through another person, pers, or other articles or documents, or any (i) a debt of any enterprise which has been without the authorization of the United vessel, together with its tackle, apparel, fur- nationalized, expropriated, or otherwise States national who holds a claim to the niture, and equipment, that is the subject of taken by the Cuban Government; property. a violation under paragraph (1) shall, at the (ii) a debt which is a charge on property (B) The term ‘‘traffics’’ does not include— discretion of the Secretary of the Treasury, nationalized, expropriated, or otherwise (i) the delivery of international tele- be forfeited to the United States Govern- taken by the Cuban Government; or communication signals to Cuba that are au- ment. (iii) a debt which was incurred by the thorized by section 1705(e) of the Cuban De- ‘‘(3) The penalties provided under this sub- Cuban Government in satisfaction or settle- mocracy Act of 1992 (22 U.S.C. 6004(e)); or section may not be imposed for— ment of a confiscated property claim. (ii) the trading or holding of securities ‘‘(A) news gathering, research, or the ex- (4) CUBAN GOVERNMENT.—(A) The term publicly traded or held, unless the trading is port or import of, or transmission of, infor- ‘‘Cuban Government’’ includes the govern- with or by a person determined by the Sec- mation or informational materials; or ment of any political subdivision of Cuba, retary of the Treasury to be a specially des- ‘‘(B) clearly defined educational or reli- and any agency or instrumentality of the ignated national. gious activities, or activities of recognized Government of Cuba. (11) TRANSITION GOVERNMENT IN CUBA.—The human rights organizations, that are reason- (B) For purposes of subparagraph (A), the term ‘‘transition government in Cuba’’ ably limited in frequency, duration, and term ‘‘agency or instrumentality of the Gov- means a government determined by the number of participants. ernment of Cuba’’ means an agency or in- President to have met the requirements of ‘‘(4) The penalties provided under this sub- strumentality of a foreign state as defined in section 205. section may be imposed only on the record section 1603(b) of title 28, United States (12) UNITED STATES NATIONAL.—The term after opportunity for an agency hearing in Code, with ‘‘Cuba’’ substituted for ‘‘a foreign ‘‘United States national’’ means— accordance with sections 554 through 557 of state’’ each place it appears in such section. (A) any United States citizen; or title 5, United States Code, with the right to (5) DEMOCRATICALLY ELECTED GOVERNMENT (B) any other legal entity which is orga- prehearing discovery. IN CUBA.—The term ‘‘democratically elected nized under the laws of the United States, or ‘‘(5) Judicial review of any penalty im- government in Cuba’’ means a government of any State, the District of Columbia, the posed under this subsection may be had to determined by the President to have met the Commonwealth of Puerto Rico, or any other the extent provided in section 702 of title 5, requirements of section 206. territory or possession of the United States, United States Code.’’. September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9371

(2) FORFEITURE OF PROPERTY USED IN VIOLA- ing effect after a democratically elected gov- and other petroleum products) on terms TION.—Section 16 of the Trading With the ernment in Cuba is in power. more favorable than those generally avail- Enemy Act is further amended by striking (b) REDUCTION IN UNITED STATES PAYMENTS able in applicable markets or for comparable subsection (c). TO INTERNATIONAL FINANCIAL INSTITUTIONS.— commodities, including— (3) CLERICAL AMENDMENT.—Section 16 of If any international financial institution ap- ‘‘(A) exports to the Cuban Government on the Trading With the Enemy Act is further proves a loan or other assistance to the terms that involve a grant, concessional amended by inserting ‘‘SEC. 16.’’ before ‘‘(a)’’. Cuban Government over the opposition of price, guaranty, insurance, or subsidy; (e) COVERAGE OF DEBT-FOR-EQUITY SWAPS the United States, then the Secretary of the ‘‘(B) imports from the Cuban Government BY ECONOMIC EMBARGO OF CUBA.—Section Treasury shall withhold from payment to at preferential tariff rates; 1704(b)(2) of the Cuban Democracy Act of 1992 that institution an amount equal to the ‘‘(C) exchange arrangements that include (22 U.S.C. 6003(b)(2)) is amended— amount of the loan or other assistance to the advance delivery of commodities, arrange- (1) by striking ‘‘and’’ at the end of subpara- Cuban Government, with respect to each of ments in which the Cuban Government is not graph (A); the following types of payment: held accountable for unfulfilled exchange (2) by redesignating subparagraph (B) as (1) The paid-in portion of the increase in contracts, and arrangements under which subparagraph (C); and capital stock of the institution. Cuba does not pay appropriate transpor- (3) by inserting after subparagraph (A) the (2) The callable portion of the increase in tation, insurance, or finance costs; and following new subparagraph: capital stock of the institution. ‘‘(D) the exchange, reduction, or forgive- ‘‘(B) includes an exchange, reduction, or (c) DEFINITION.—For purposes of this sec- ness of Cuban debt in return for a grant by forgiveness of Cuban debt owed to a foreign tion, the term ‘‘international financial insti- the Cuban Government of an equity interest country in return for a grant of an equity in- tution’’ means the International Monetary in a property, investment, or operation of terest in a property, investment, or oper- Fund, the International Bank for Recon- the Cuban Government or of a Cuban na- ation of the Government of Cuba (including struction and Development, the Inter- tional. the government of any political subdivision national Development Association, the ‘‘(4) CUBAN GOVERNMENT.—(A) The term of Cuba, and any agency or instrumentality International Finance Corporation, the Mul- ‘Cuban Government’ includes the govern- of the Government of Cuba) or of a Cuban na- tilateral Investment Guaranty Agency, and ment of any political subdivision of Cuba, tional; and’’; and the Inter-American Development Bank. and any agency or instrumentality of the (4) by adding at the end the following flush SEC. 105. UNITED STATES OPPOSITION TO END- Government of Cuba. sentence: ING THE SUSPENSION OF THE GOV- ‘‘(B) For purposes of subparagraph (A), the ERNMENT OF CUBA FROM THE OR- ‘‘As used in this paragraph, the term ‘agency term ‘agency or instrumentality of the Gov- GANIZATION OF AMERICAN STATES. ernment of Cuba’ means an agency or instru- or instrumentality of the Government of The President should instruct the United Cuba’ means an agency or instrumentality of mentality of a foreign state as defined in States Permanent Representative to the Or- section 1603(b) of title 28, United States a foreign state as defined in section 1603(b) of ganization of American States to use the title 28, United States Code, with ‘Cuba’ sub- Code, with ‘Cuba’ substituted for ‘a foreign voice and vote of the United States to oppose state’ each place it appears in such section.’’. stituted for ‘a foreign state’ each place it ap- ending the suspension of the Government of pears in such section.’’. (d) FACILITIES AT LOURDES, CUBA.—(1) The Cuba from the Organization until the Presi- Congress expresses its strong disapproval of SEC. 103. PROHIBITION AGAINST INDIRECT FI- dent determines under section 203(c)(3) that NANCING OF THE CASTRO DICTA- the extension by Russia of credits equivalent a democratically elected government in to approximately $200,000,000 in support of TORSHIP. Cuba is in power. (a) PROHIBITION.—Notwithstanding any the intelligence facility at Lourdes, Cuba, in SEC. 106. ASSISTANCE BY THE INDEPENDENT other provision of law, no loan, credit, or November 1994. STATES OF THE FORMER SOVIET (2) Section 498A of the Foreign Assistance other financing may be extended knowingly UNION FOR THE CUBAN GOVERN- by a United States national, permanent resi- MENT. Act of 1961 (22 U.S.C. 2295a) is amended by dent alien, or United States agency, to a for- (a) REPORTING REQUIREMENT.—Not later adding at the end the following new sub- eign national, United States national, or per- than 90 days after the date of the enactment section: manent resident alien, in order to finance of this Act, the President shall submit to the ‘‘(d) REDUCTION IN ASSISTANCE FOR SUPPORT transactions involving any confiscated prop- appropriate congressional committees a re- OF INTELLIGENCE FACILITIES IN CUBA.—(1) erty the claim to which is owned by a United port detailing progress towards the with- Notwithstanding any other provision of law, States national as of the date of the enact- drawal of personnel of any independent state the President shall withhold from assistance ment of this Act. of the former Soviet Union (within the provided, on or after the date of the enact- (b) TERMINATION OF PROHIBITION.—The pro- meaning of section 3 of the FREEDOM Sup- ment of this subsection, for an independent hibition of subsection (a) shall cease to apply port Act (22 U.S.C. 5801)), including advisers, state of the former Soviet Union under this on the date on which the economic embargo technicians, and military personnel, from chapter an amount equal to the sum of as- of Cuba terminates under section 205. the Cienfuegos nuclear facility in Cuba. sistance and credits, if any, provided on or (c) PENALTIES.—Violations of subsection (b) CRITERIA FOR ASSISTANCE.—Section after such date by such state in support of (a) shall be punishable by the same penalties 498A(a)(11) of the Foreign Assistance Act of intelligence facilities in Cuba, including the as are applicable to violations of the Cuban 1961 (22 U.S.C. 2295a(a)(11)) is amended by intelligence facility at Lourdes, Cuba. Assets Control Regulations set forth in part striking ‘‘of military facilities’’ and insert- ‘‘(2)(A) The President may waive the re- 515 of title 31, Code of Federal Regulations. ing ‘‘military and intelligence facilities, in- quirement of paragraph (1) to withhold as- (d) DEFINITIONS.—As used in this section— cluding the military and intelligence facili- sistance if the President certifies to the ap- (1) the term ‘‘permanent resident alien’’ ties at Lourdes and Cienfuegos’’. propriate congressional committees that the means an alien admitted for permanent resi- (c) INELIGIBILITY FOR ASSISTANCE.—(1) Sec- provision of such assistance is important to dence into the United States; and tion 498A(b) of that Act (22 U.S.C. 2295a(b)) is the national security of the United States, (2) the term ‘‘United States agency’’ has amended— and, in the case of such a certification made the meaning given the term ‘‘agency’’ in sec- (A) by striking ‘‘or’’ at the end of para- with respect to Russia, if the President cer- tion 551(1) of title 5, United States Code. graph (4); tifies that the Russian Government has as- SEC. 104. UNITED STATES OPPOSITION TO CUBAN (B) by redesignating paragraph (5) as para- sured the United States Government that MEMBERSHIP IN INTERNATIONAL graph (6); and the Russian Government is not sharing intel- FINANCIAL INSTITUTIONS. (C) by inserting after paragraph (4) the fol- ligence data collected at the Lourdes facility (a) CONTINUED OPPOSITION TO CUBAN MEM- lowing: with officials or agents of the Cuban Govern- BERSHIP IN INTERNATIONAL FINANCIAL INSTI- ‘‘(5) for the government of any independent ment. TUTIONS.—(1) Except as provided in para- state effective 30 days after the President ‘‘(B) At the time of a certification made graph (2), the Secretary of the Treasury shall has determined and certified to the appro- with respect to Russia pursuant to subpara- instruct the United States executive director priate congressional committees (and Con- graph (A), the President shall also submit to to each international financial institution to gress has not enacted legislation disapprov- the appropriate congressional committees a use the voice and vote of the United States ing the determination within that 30-day pe- report describing the intelligence activities to oppose the admission of Cuba as a member riod) that such government is providing as- of Russia in Cuba, including the purposes for of that institution until the President sub- sistance for, or engaging in nonmarket based which the Lourdes facility is used by the mits a determination under section 203(c)(3) trade (as defined in section 498B(k)(3)) with, Russian Government and the extent to which that a democratically elected government in the Cuban Government; or’’. the Russian Government provides payment Cuba is in power. (2) Subsection (k) of section 498B of that or government credits to the Cuban Govern- (2) Once the President submits a deter- Act (22 U.S.C. 2295b(k)), is amended by add- ment for the continued use of the Lourdes fa- mination under section 203(c)(1) that a tran- ing at the end the following: cility. sition government in Cuba is in power, the ‘‘(3) NONMARKET BASED TRADE.—As used in ‘‘(C) The report required by subparagraph President is encouraged to take steps to sup- section 498A(b)(5), the term ‘nonmarket (B) may be submitted in classified form. port the processing of Cuba’s application for based trade’ includes exports, imports, ex- ‘‘(D) For purposes of this paragraph, the membership in any international financial changes, or other arrangements that are pro- term ‘appropriate congressional committees’ institution, subject to the membership tak- vided for goods and services (including oil includes the Permanent Select Committee H 9372 CONGRESSIONAL RECORD — HOUSE September 21, 1995 on Intelligence of the House of Representa- Government of an equity interest in a prop- struction of the Juragua nuclear power plant tives and the Select Committee on Intel- erty, investment, or operation of the Cuban because of our concerns about Cuba’s ability ligence of the Senate. Government or of a Cuban national. to ensure the safe operation of the facility ‘‘(3) The requirement of paragraph (1) to (6) A description of the steps taken to en- and because of Cuba’s refusal to sign the Nu- withhold assistance shall not apply with re- sure that raw materials and semifinished or clear Non-Proliferation Treaty or ratify the spect to— finished goods produced by facilities in Cuba Treaty of Tlatelolco.’’. ‘‘(A) assistance to meet urgent humani- involving foreign nationals do not enter the (2) Cuba has not signed the Treaty on the tarian needs, including disaster and refugee United States market, either directly or Non-Proliferation of Nuclear Weapons or relief; through third countries or parties. ratified the Treaty of Tlatelolco, the latter ‘‘(B) democratic political reform and rule (7) An identification of countries that pur- of which establishes Latin America and the of law activities; chase, or have purchased, arms or military Caribbean as a nuclear weapons-free zone. ‘‘(C) technical assistance for safety up- supplies from the Cuban Government or that (3) The State Department, the Nuclear grades of civilian nuclear power plants; otherwise have entered into agreements with Regulatory Commission, and the Depart- ‘‘(D) the creation of private sector and the Cuban Government that have a military ment of Energy have expressed concerns nongovernmental organizations that are application, including— about the construction and operation of independent of government control; (A) a description of the military supplies, Cuba’s nuclear reactors. ‘‘(E) the development of a free market eco- equipment, or other materiel sold, bartered, (4) In a September 1992 report to Congress, nomic system; and or exchanged between the Cuban Govern- the General Accounting Office outlined con- ‘‘(F) assistance for the purposes described ment and such countries; cerns among nuclear energy experts about in the Cooperative Threat Reduction Act of (B) a listing of the goods, services, credits, deficiencies in the nuclear plant project in 1993 (title XII of Public Law 103–160).’’. or other consideration received by the Cuban Juragua, near Cienfuegos, Cuba, including— (A) a lack in Cuba of a nuclear regulatory SEC. 107. TELEVISION BROADCASTING TO CUBA. Government in exchange for military sup- structure; (a) CONVERSION TO UHF.—The Director of plies, equipment, or materiel; and (B) the absence in Cuba of an adequate in- the United States Information Agency shall (C) the terms or conditions of any such frastructure to ensure the plant’s safe oper- implement a conversion of television broad- agreement. ation and requisite maintenance; casting to Cuba under the Television Marti SEC. 109. AUTHORIZATION OF SUPPORT FOR DEMOCRATIC AND HUMAN RIGHTS (C) the inadequacy of training of plant op- Service to ultra high frequency (UHF) broad- erators; casting. GROUPS AND INTERNATIONAL OB- SERVERS. (D) reports by a former technician from (b) PERIODIC REPORTS.—Not later than 45 (a) AUTHORIZATION.—Notwithstanding any Cuba who, by examining with x-rays weld days after the date of the enactment of this other provision of law, except for section sites believed to be part of the auxiliary Act, and every three months thereafter until 634A of the Foreign Assistance Act of 1961 (22 plumbing system for the plant, found that 10 the conversion described in subsection (a) is U.S.C. 2394–1) and comparable notification to 15 percent of those sites were defective; fully implemented, the Director of the Unit- requirements contained in any Act making (E) since September 5, 1992, when construc- ed States Information Agency shall submit a appropriations for foreign operations, export tion on the plant was halted, the prolonged report to the appropriate congressional com- financing, and related programs, the Presi- exposure to the elements, including corro- mittees on the progress made in carrying out dent is authorized to furnish assistance and sive salt water vapor, of the primary reactor subsection (a). provide other support for individuals and components; and ERMINATION OF BROADCASTING AU- (c) T independent nongovernmental organizations (F) the possible inadequacy of the upper THORITIES.—Upon transmittal of a deter- to support democracy-building efforts for portion of the reactors’ dome retention capa- mination under section 203(c)(3), the Tele- Cuba, including the following: bility to withstand only 7 pounds of pressure vision Broadcasting to Cuba Act (22 U.S.C. (1) Published and informational matter, per square inch, given that normal atmos- 1465aa and following) and the Radio Broad- such as books, videos, and cassettes, on tran- pheric pressure is 32 pounds per square inch casting to Cuba Act (22 U.S.C. 1465 and fol- sitions to democracy, human rights, and and United States reactors are designed to lowing) are repealed. market economies, to be made available to accommodate pressures of 50 pounds per SEC. 108. REPORTS ON ASSISTANCE AND COM- independent democratic groups in Cuba. square inch. MERCE RECEIVED BY CUBA FROM (2) Humanitarian assistance to victims of (5) The United States Geological Survey OTHER FOREIGN COUNTRIES. political repression, and their families. claims that it had difficulty determining an- (a) REPORTS REQUIRED.—Not later than 90 (3) Support for democratic and human swers to specific questions regarding earth- days after the date of the enactment of this rights groups in Cuba. quake activity in the area near Cienfuegos Act, and every year thereafter, the President (4) Support for visits and permanent de- because the Cuban Government was not shall submit a report to the appropriate con- ployment of independent international forthcoming with information. gressional committees on assistance and human rights monitors in Cuba. (6) The Geological Survey has indicated commerce received by Cuba from other for- (b) OAS EMERGENCY FUND.—(1) The Presi- that the Caribbean plate, a geological forma- eign countries during the preceding 12-month dent shall take the necessary steps to en- tion near the south coast of Cuba, may pose period. courage the Organization of American States seismic risks to Cuba and the site of the (b) CONTENTS OF REPORTS.—Each report re- to create a special emergency fund for the power plant, and may produce large to mod- quired by subsection (a) shall, for the period explicit purpose of deploying human rights erate earthquakes. covered by the report, contain the following, observers, election support, and election ob- (7) On May 25, 1992, the Caribbean plate to the extent such information is known: servation in Cuba. produced an earthquake numbering 7.0 on (1) A description of all bilateral assistance (2) The President should instruct the Unit- the Richter scale. provided to Cuba by other foreign countries, ed States Permanent Representative to the (8) According to a study by the National including humanitarian assistance. Organization of American States to encour- Oceanic and Atmospheric Administration, (2) A description of Cuba’s commerce with age other member states of the Organization summer winds could carry radioactive pol- foreign countries, including an identification to join in calling for the Cuban Government lutants from a nuclear accident at the power of Cuba’s trading partners and the extent of to allow the immediate deployment of inde- plant throughout all of Florida and parts of such trade. pendent human rights monitors of the Orga- the States on the gulf coast as far as Texas, (3) A description of the joint ventures com- nization throughout Cuba and on-site visits and northern winds could carry the pollut- pleted, or under consideration, by foreign na- to Cuba by the Inter-American Commission ants as far northeast as Virginia and Wash- tionals involving facilities in Cuba, includ- on Human Rights. ington, D.C. ing an identification of the location of the (3) Notwithstanding section 307 of the For- (9) The Cuban Government, under dictator facilities involved and a description of the eign Assistance Act of 1961 (22 U.S.C. 2227) or Fidel Castro, in 1962 advocated the Soviets’ terms of agreement of the joint ventures and any other provision of law limiting the Unit- launching of nuclear missiles to the United the names of the parties that are involved. ed States proportionate share of assistance States, which represented a direct and dan- (4) A determination whether or not any of to Cuba by any international organization, gerous provocation of the United States and the facilities described in paragraph (3) is the President should provide not less than brought the world to the brink of a nuclear the subject of a claim by a United States na- $5,000,000 of the voluntary contributions of conflict. tional. the United States to the Organization of (10) Fidel Castro over the years has con- (5) A determination of the amount of American States as of the date of the enact- sistently issued threats against the United Cuban debt owed to each foreign country, in- ment of this Act solely for the purposes of States Government, most recently that he cluding— the special fund referred to in paragraph (1). would unleash another perilous mass migra- (A) the amount of debt exchanged, for- SEC. 110. WITHHOLDING OF FOREIGN ASSIST- tion from Cuba upon the enactment of this given, or reduced under the terms of each in- ANCE FROM COUNTRIES SUPPORT- Act. vestment or operation in Cuba involving for- ING NUCLEAR PLANT IN CUBA. (11) Despite the various concerns about the eign nationals; and (a) FINDINGS.—The Congress makes the fol- plant’s safety and operational problems, a (B) the amount of debt owed to the foreign lowing findings: feasibility study is being conducted that country that has been exchanged, reduced, or (1) President Clinton stated in April 1993 would establish a support group to include forgiven in return for a grant by the Cuban that ‘‘the United States opposes the con- Russia, Cuba, and third countries with the September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9373 objective of completing and operating the (C) to support such a democratically elect- the basic human needs of the Cuban people; plant. ed government. and (b) WITHHOLDING OF FOREIGN ASSISTANCE.— (6) Through such assistance, to facilitate a (II) assistance described in subparagraph (1) IN GENERAL.—Notwithstanding any peaceful transition to representative democ- (C). other provision of law, the President shall racy and a market economy in Cuba and to (ii) Assistance provided only after the withhold from assistance allocated, on or consolidate democracy in Cuba. President certifies to the appropriate con- after the date of the enactment of this Act, (7) To deliver such assistance to the Cuban gressional committees, in accordance with for any country an amount equal to the sum people only through a transition government procedures applicable to reprogramming no- of assistance and credits, if any, provided on in Cuba, through a democratically elected tifications under section 634A of the Foreign or after such date of enactment by that government in Cuba, through United States Assistance Act of 1961, that such assistance country or any entity in that country in sup- Government organizations, or through Unit- is essential to the successful completion of port of the completion of the Cuban nuclear ed States, international, or indigenous non- the transition to democracy. facility at Juragua, near Cienfuegos, Cuba. governmental organizations. (iii) Only after a transition government in (2) EXCEPTIONS.—The requirement of para- (8) To encourage other countries and mul- Cuba is in power, remittances by individuals graph (1) to withhold assistance shall not tilateral organizations to provide similar as- to their relatives of cash or goods, as well as apply with respect to— sistance, and to work cooperatively with freedom to travel to visit them without any (A) assistance to meet urgent humani- such countries and organizations to coordi- restrictions, shall be permitted. tarian needs, including disaster and refugee nate such assistance. (B) DEMOCRATICALLY ELECTED GOVERN- relief; (9) To ensure that appropriate assistance is MENT.—Assistance to a democratically elect- (B) democratic political reform and rule of rapidly provided and distributed to the peo- ed government in Cuba may, subject to an law activities; ple of Cuba upon the institution of a transi- authorization of appropriations and subject (C) the creation of private sector and non- tion government in Cuba. to the availability of appropriations, consist governmental organizations that are inde- (10) Not to provide favorable treatment or of additional economic assistance, together pendent of government control; influence on behalf of any individual or en- with assistance described in subparagraph (D) the development of a free market eco- tity in the selection by the Cuban people of (C). Such economic assistance may include— nomic system; and their future government. (i) assistance under chapter 1 of part I (re- (E) assistance for the purposes described in (11) To assist a transition government in lating to development assistance), and chap- the Cooperative Threat Reduction Act of 1993 Cuba and a democratically elected govern- ter 4 of part II (relating to the economic sup- (title XII of Public Law 103–160). ment in Cuba to prepare the Cuban military port fund), of the Foreign Assistance Act of (3) DEFINITION.—As used in paragraph (1), forces for an appropriate role in a democ- 1961; the term ‘‘assistance’’ means assistance racy. (ii) assistance under the Agricultural under the Foreign Assistance Act of 1961, (12) To be prepared to enter into negotia- Trade Development and Assistance Act of credits, sales, and guarantees of extensions tions with a democratically elected govern- 1954; of credit under the Arms Export Control Act, ment in Cuba either to return the United (iii) financing, guarantees, and other forms assistance under titles I and III of the Agri- States Naval Base at Guantanamo to Cuba of assistance provided by the Export-Import cultural Trade Development and Assistance or to renegotiate the present agreement Bank of the United States; Act of 1954, assistance under the FREEDOM under mutually agreeable terms. (iv) financial support provided by the Over- Support Act of 1992, and any other program of assistance or credits provided by the Unit- (13) To consider the restoration of diplo- seas Private Investment Corporation for in- ed States to other countries under other pro- matic recognition and support the vestment projects in Cuba; visions of law, except that the term ‘‘assist- reintegration of the Cuban Government into (v) assistance provided by the Trade and ance’’ does not include humanitarian assist- Inter-American organizations when the Development Agency; ance, including disaster relief assistance. President determines that there exists a (vi) Peace Corps programs; and democratically elected government in Cuba. (vii) other appropriate assistance to carry SEC. 111. EXPULSION OF CRIMINALS FROM CUBA. The President shall instruct all United (14) To take steps to remove the economic out the policy of section 201. States Government officials who engage in embargo of Cuba when the President deter- (C) MILITARY ADJUSTMENT ASSISTANCE.—As- official conduct with the Cuban Government mines that a transition to a democratically sistance to a transition government in Cuba to raise on a regular basis the extradition of elected government in Cuba has begun. and to a democratically elected government or rendering to the United States all persons (15) To assist a democratically elected gov- in Cuba shall also include assistance in pre- residing in Cuba who are sought by the Unit- ernment in Cuba to strengthen and stabilize paring the Cuban military forces to adjust to ed States Department of Justice for crimes its national currency. an appropriate role in a democracy. committed in the United States. (16) To pursue trade relations with a free, (c) STRATEGY FOR DISTRIBUTION.—The plan democratic, and independent Cuba. developed under subsection (b) shall include TITLE II—ASSISTANCE TO A FREE AND a strategy for distributing assistance under INDEPENDENT CUBA SEC. 202. ASSISTANCE FOR THE CUBAN PEOPLE. (a) AUTHORIZATION.— the plan. SEC. 201. POLICY TOWARD A TRANSITION GOV- (d) DISTRIBUTION.—Assistance under the ERNMENT AND A DEMOCRATICALLY (1) IN GENERAL.—The President shall de- ELECTED GOVERNMENT IN CUBA. velop a plan for providing economic assist- plan developed under subsection (b) shall be The policy of the United States is as fol- ance to Cuba at such time as the President provided through United States Government lows: determines that a transition government or organizations and nongovernmental organi- (1) To support the self-determination of the a democratically elected government in zations and private and voluntary organiza- Cuban people. Cuba (as determined under section 203(c)) is tions, whether within or outside the United (2) To recognize that the self-determina- in power. States, including humanitarian, educational, tion of the Cuban people is a sovereign and (2) EFFECT ON OTHER LAWS.—Assistance labor, and private sector organizations. national right of the citizens of Cuba which may be provided under this section subject (e) INTERNATIONAL EFFORTS.—The Presi- must be exercised free of interference by the to an authorization of appropriations and dent shall take the necessary steps— government of any other country. subject to the availability of appropriations. (1) to seek to obtain the agreement of (3) To encourage the Cuban people to em- (b) PLAN FOR ASSISTANCE.— other countries and of international finan- power themselves with a government which (1) DEVELOPMENT OF PLAN.—The President cial institutions and multilateral organiza- reflects the self-determination of the Cuban shall develop a plan for providing assistance tions to provide to a transition government people. under this section— in Cuba, and to a democratically elected gov- (4) To recognize the potential for a dif- (A) to Cuba when a transition government ernment in Cuba, assistance comparable to ficult transition from the current regime in in Cuba is in power; and that provided by the United States under Cuba that may result from the initiatives (B) to Cuba when a democratically elected this Act; and taken by the Cuban people for self-deter- government in Cuba is in power. (2) to work with such countries, institu- mination in response to the intransigence of (2) TYPES OF ASSISTANCE.—Assistance tions, and organizations to coordinate all the Castro regime in not allowing any sub- under the plan developed under paragraph (1) such assistance programs. stantive political or economic reforms, and may, subject to an authorization of appro- (f) COMMUNICATION WITH THE CUBAN PEO- to be prepared to provide the Cuban people priations and subject to the availability of PLE.—The President shall take the necessary with humanitarian, developmental, and appropriations, include the following: steps to communicate to the Cuban people other economic assistance. (A) TRANSITION GOVERNMENT.—(i) Except as the plan for assistance developed under this (5) In solidarity with the Cuban people, to provided in clause (ii), assistance to Cuba section. provide appropriate forms of assistance— under a transition government shall, subject (g) REPORT TO CONGRESS.—Not later than (A) to a transition government in Cuba; to an authorization of appropriations and 180 days after the date of the enactment of (B) to facilitate the rapid movement from subject to the availability of appropriations, this Act, the President shall transmit to the such a transition government to a democrat- be limited to— appropriate congressional committees a re- ically elected government in Cuba that re- (I) such food, medicine, medical supplies port describing in detail the plan developed sults from an expression of the self-deter- and equipment, and assistance to meet emer- under this section. mination of the Cuban people; and gency energy needs, as is necessary to meet (h) TRADE AND INVESTMENT RELATIONS.— H 9374 CONGRESSIONAL RECORD — HOUSE September 21, 1995

(1) REPORT TO CONGRESS.—The President, Cuba is in power, the President shall trans- ed government in Cuba is in power, the following the transmittal to the Congress of mit that determination to the appropriate President shall take steps to terminate the a determination under section 203(c)(3) that congressional committees and shall, subject economic embargo of Cuba. a democratically elected government in to an authorization of appropriations and (d) CONFORMING AMENDMENTS.—On the date Cuba is in power, shall submit to the appro- subject to the availability of appropriations, on which the President submits a determina- priate congressional committees a report commence the delivery and distribution of tion under section 203(c)(3)— that describes— assistance to such transition government (1) section 620(a) of the Foreign Assistance (A) acts, policies, and practices that con- under the plan developed under section Act of 1961 (22 U.S.C. 2370(a)) is repealed; stitute significant barriers to, or distortions 202(b). (2) section 620(f) of the Foreign Assistance of, United States trade in goods or services (2) REPORTS TO CONGRESS.—(A) The Presi- Act of 1961 (22 U.S.C. 2370(f)) is amended by or foreign direct investment with respect to dent shall transmit to the appropriate con- striking ‘‘Republic of Cuba’’; Cuba; gressional committees a report setting forth (3) sections 1704, 1705(d), and 1706 of the (B) policy objectives of the United States the strategy for providing assistance de- Cuban Democracy Act of 1992 (22 U.S.C. 6003, regarding trade relations with a democrat- scribed in section 202(b)(2) (A) and (C) to the 6004(d), and 6005) are repealed; and ically elected government in Cuba, and the transition government in Cuba under the (4) section 902(c) of the Food Security Act reasons therefor, including possible— plan of assistance developed under section of 1985 is repealed. (i) reciprocal extension of nondiscrim- 202(b), the types of such assistance, and the (e) REVIEW OF SUSPENSION OF ECONOMIC EM- inatory trade treatment (most-favored- na- extent to which such assistance has been dis- BARGO.— tion treatment); tributed in accordance with the plan. (1) REVIEW.—If the President takes action (ii) designation of Cuba as a beneficiary de- (B) The President shall transmit the report under subsection (a) to suspend the economic veloping country under title V of the Trade not later than 90 days after making the de- embargo of Cuba, the President shall imme- Act of 1974 (relating to the Generalized Sys- termination referred to in paragraph (1), ex- diately so notify the Congress. The President tem of Preferences) or as a beneficiary coun- cept that the President shall transmit the shall report to the Congress no less fre- try under the Caribbean Basin Economic Re- report in preliminary form not later than 15 quently than every 6 months thereafter, covery Act, and the implications of such des- days after making that determination. until he submits a determination under sec- ignation with respect to trade with any (3) IMPLEMENTATION WITH RESPECT TO DEMO- tion 203(c)(3) that a democratically elected other country that is such a beneficiary de- CRATICALLY ELECTED GOVERNMENT.—The government in Cuba is in power, on the veloping country or beneficiary country or is President shall, upon determining that a progress being made by Cuba toward the es- a party to the North American Free Trade democratically elected government in Cuba tablishment of such a democratically elected is in power, submit that determination to Agreement; and government. The action of the President the appropriate congressional committees (iii) negotiations regarding free trade, in- under subsection (a) shall cease to be effec- and shall, subject to an authorization of ap- cluding the accession of Cuba to the North tive upon the enactment of a joint resolution propriations and subject to the availability American Free Trade Agreement; described in paragraph (2). of appropriations, commence the delivery (C) specific trade negotiating objectives of (2) JOINT RESOLUTIONS.—For purposes of and distribution of assistance to such demo- the United States with respect to Cuba, in- this subsection, the term ‘‘joint resolution’’ cratically elected government under the plan cluding the objectives described in section means only a joint resolution of the 2 Houses developed under section 202(b). 108(b)(5) of the North American Free Trade of Congress, the matter after the resolving (4) ANNUAL REPORTS TO CONGRESS.—Not Agreement Implementation Act (19 U.S.C. clause of which is as follows: ‘‘That the Con- later than 60 days after the end of each fiscal 3317(b)(5)); and gress disapproves the action of the President year, the President shall transmit to the ap- (D) actions proposed or anticipated to be under section 204(a) of the Cuban Liberty and propriate congressional committees a report undertaken, and any proposed legislation Democratic Solidarity (LIBERTAD) Act of on the assistance provided under the plan de- necessary or appropriate, to achieve any of 1995 to suspend the economic embargo of veloped under section 202(b), including a de- such policy and negotiating objectives. Cuba, notice of which was submitted to the scription of each type of assistance, the (2) CONSULTATIONS.—The President shall Congress on ll.’’, with the blank space amounts expended for such assistance, and a consult with the appropriate congressional being filled with the appropriate date. description of the assistance to be provided committees and shall seek advice from the (3) REFERRAL TO COMMITTEES.—Joint reso- under the plan in the current fiscal year. appropriate advisory committees established lutions introduced in the House of Rep- (d) REPROGRAMMING.—Any changes in the under section 135 of the Trade Act of 1974 re- resentatives shall be referred to the Commit- assistance to be provided under the plan de- garding the policy and negotiating objec- tee on International Relations and joint res- veloped under section 202(b) may not be tives and the legislative proposals described olutions introduced in the Senate shall be re- made unless the President notifies the appro- in paragraph (1). ferred to the Committee on Foreign Rela- priate congressional committees at least 15 SEC. 203. COORDINATION OF ASSISTANCE PRO- tions. GRAM; IMPLEMENTATION AND RE- days in advance in accordance with the pro- (4) PROCEDURES.—(A) Any joint resolution PORTS TO CONGRESS; cedures applicable to reprogramming notifi- shall be considered in the Senate in accord- REPROGRAMMING. cations under section 634A of the Foreign As- ance with the provisions of section 601(b) of (a) COORDINATING OFFICIAL.—The President sistance Act of 1961 (22 U.S.C. 2394–1). the International Security Assistance and shall designate a coordinating official who SEC. 204. TERMINATION OF THE ECONOMIC EM- shall be responsible for— BARGO OF CUBA. Arms Export Control Act of 1976. (B) For the purpose of expediting the con- (1) implementing the strategy for distrib- (a) PRESIDENTIAL ACTIONS.—Upon submit- uting assistance described in section 202(b); ting a determination to the appropriate con- sideration and enactment of joint resolu- (2) ensuring the speedy and efficient dis- gressional committees under section 203(c)(1) tions, a motion to proceed to the consider- tribution of such assistance; and that a transition government in Cuba is in ation of any joint resolution after it has (3) ensuring coordination among, and ap- power, the President, after consulting with been reported by the appropriate committee propriate oversight by, the agencies of the the Congress, is authorized to take steps to shall be treated as highly privileged in the United States that provide assistance de- suspend the economic embargo of Cuba to House of Representatives. scribed in section 202(b), including resolving the extent that such action contributes to a (C) Not more than 1 joint resolution may any disputes among such agencies. stable foundation for a democratically elect- be considered in the House of Representa- (b) UNITED STATES-CUBA COUNCIL.—Upon ed government in Cuba. tives and the Senate in the 6-month period making a determination under subsection (b) SUSPENSION OF CERTAIN PROVISIONS OF beginning on the date on which the Presi- (c)(3) that a democratically elected govern- LAW.—In carrying out subsection (a), the dent notifies the Congress under paragraph ment in Cuba is in power, the President, President may suspend the enforcement of— (1) of the action taken under subsection (a), after consultation with the coordinating offi- (1) section 620(a) of the Foreign Assistance and in each 6-month period thereafter. cial, is authorized to designate a United Act of 1961 (22 U.S.C. 2370(a)); SEC. 205. REQUIREMENTS FOR A TRANSITION States-Cuba council— (2) section 620(f) of the Foreign Assistance GOVERNMENT. (1) to ensure coordination between the Act of 1961 (22 U.S.C. 2370(f)) with regard to For purposes of this Act, a transition gov- United States Government and the private the ‘‘Republic of Cuba’’; ernment in Cuba is a government in Cuba sector in responding to change in Cuba, and (3) sections 1704, 1705(d), and 1706 of the which— in promoting market-based development in Cuban Democracy Act (22 U.S.C. 6003, 6004(d), (1) is demonstrably in transition from com- Cuba; and 6005); munist totalitarian dictatorship to rep- (2) to establish periodic meetings between (4) section 902(c) of the Food Security Act resentative democracy; representatives of the United States and of 1985; and (2) has recognized the right to independent Cuban private sectors for the purpose of fa- (5) the prohibitions on transactions de- political activity and association; cilitating bilateral trade. scribed in part 515 of title 31, Code of Federal (3) has released all political prisoners and (c) IMPLEMENTATION OF PLAN; REPORTS TO Regulations. allowed for investigations of Cuban prisons CONGRESS.— (c) ADDITIONAL PRESIDENTIAL ACTIONS.— by appropriate international human rights (1) IMPLEMENTATION WITH RESPECT TO TRAN- Upon submitting a determination to the ap- organizations; SITION GOVERNMENT.—Upon making a deter- propriate congressional committees under (4) has ceased any interference with Radio mination that a transition government in section 203(c)(3) that a democratically elect- or Television Marti broadcasts; September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9375 (5) makes public commitments to and is ties which are 50 percent or more bene- (B) Interest under subparagraph (A)(i) shall making demonstrable progress in— ficially owned by United States citizens) be at the rate set forth in section 1961 of title (A) establishing an independent judiciary; property taken by the Cuban Government 28, United States Code, computed by the (B) dissolving the present Department of from such citizens and entities on or after court from the date of the confiscation of the State Security in the Cuban Ministry of the January 1, 1959, or providing full compensa- property involved to the date on which the Interior, including the Committees for the tion for such property in accordance with action is brought under this subsection. Defense of the Revolution and the Rapid Re- international law standards and practice. (2) PRESUMPTION IN FAVOR OF CERTIFIED sponse Brigades; TITLE III—PROTECTION OF PROPERTY CLAIMS.—There shall be a presumption that (C) respecting internationally recognized RIGHTS OF UNITED STATES NATIONALS the amount for which a person, including human rights and basic freedoms as set forth AGAINST CONFISCATORY TAKINGS BY any agency or instrumentality of a foreign in the Universal Declaration of Human THE CASTRO REGIME state in the conduct of a commercial activ- Rights, to which Cuba is a signatory nation; ity, is liable under clause (i) of paragraph (D) effectively guaranteeing the rights of SEC. 301. STATEMENT OF POLICY. (1)(A) is the amount that is certified under The Congress makes the following findings: free speech and freedom of the press; subclause (I) of that clause. The presumption (E) organizing free and fair elections for a (1) The right of individuals to hold and shall be rebuttable by clear and convincing new government— enjoy property is a fundamental right recog- evidence that the amount described in (i) to be held in a timely manner within a nized by the United States Constitution and subclause (II) or (III) of that clause is the ap- period not to exceed 1 year after the transi- international human rights law, including propriate amount of liability under that tion government assumes power; the Universal Declaration of Human Rights. clause. (ii) with the participation of multiple inde- (2) The illegal confiscation or taking of (3) INCREASED LIABILITY FOR PRIOR NO- pendent political parties that have full ac- property by governments, and the acquies- TICE.—Except as provided in paragraph (4), cess to the media on an equal basis, includ- cence of governments in the confiscation of any person, including any agency or instru- ing (in the case of radio, television, or other property by their citizens, undermines the mentality of a foreign state in the conduct of telecommunications media) in terms of al- comity among nations, the free flow of com- a commercial activity, that traffics in con- lotments of time for such access and the merce, and economic development. fiscated property after having received— times of day such allotments are given; and (3) It is in the interest of all nations to re- (A) notice of a claim to ownership of the (iii) to be conducted under the supervision spect equally the property rights of their property by a United States national who of internationally recognized observers, such citizens and nationals of other countries. owns a claim to the confiscated property, as the Organization of American States, the (4) Nations that provide an effective mech- and United Nations, and other elections mon- anism for prompt, adequate, and fair com- (B) notice of the provisions of this section, itors; pensation for the confiscation of private shall be liable to that United States national (F) assuring the right to private property; property will continue to have the support of for money damages in an amount which is (G) taking appropriate steps to return to the United States. the sum of the amount equal to the amount United States citizens (and entities which (5) The United States Government has an determined under paragraph (1)(A)(ii) plus are 50 percent or more beneficially owned by obligation to its citizens to provide protec- triple the amount determined applicable United States citizens) property taken by tion against illegal confiscation by foreign under subclause (I), (II), or (III) of paragraph the Cuban Government from such citizens nations and their citizens, including the pro- (1)(A)(i). and entities on or after January 1, 1959, or to vision of private remedies. (4) APPLICABILITY.—(A) Except as other- provide equitable compensation to such citi- (6) Nations that illegally confiscate private wise provided in this paragraph, actions may zens and entities for such property; property should not be immune to another be brought under paragraph (1) with respect (H) granting permits to privately owned nation’s laws whose purpose is to protect to property confiscated before, on, or after telecommunications and media companies to against the confiscation of lawfully acquired the date of the enactment of this Act. operate in Cuba; and property by its citizens. (B) In the case of property confiscated be- (I) allowing the establishment of independ- (7) Trafficking in illegally acquired prop- fore the date of the enactment of this Act, ent trade unions as set forth in conventions erty is a crime under the laws of the United no United States national may bring an ac- 87 and 98 of the International Labor Organi- States and other nations, yet this same ac- tion under this section unless such national zation, and allowing the establishment of tivity is allowed under international law. acquired ownership of the claim to the con- independent social, economic, and political (8) International law, by not providing ef- fiscated property before such date. associations; fective remedies, condones the illegal (C) In the case of property confiscated on (6) does not include Fidel Castro or Raul confiscation of property and allows for the or after the date of the enactment of this Castro; unjust enrichment from the use of con- Act, no United States national who acquired (7) has given adequate assurances that it fiscated property by governments and pri- ownership of a claim to confiscated property will allow the speedy and efficient distribu- vate entities at the expense of those who by assignment for value after such date of tion of assistance to the Cuban people; hold legal claim to the property. enactment may bring an action on the claim (8) permits the deployment throughout (9) The development of an international under this section. Cuba of independent and unfettered inter- mechanism sanctioning those governments (5) TREATMENT OF CERTAIN ACTIONS.—(A) In national human rights monitors; and and private entities that confiscate and un- the case of any action brought under this (9) has extradited or otherwise rendered to justly use private property so confiscated section by a United States national who was the United States all persons sought by the should be a priority objective of United eligible to file the underlying claim in the United States Department of Justice for States foreign policy. action with the Foreign Claims Settlement crimes committed in the United States. SEC. 302. LIABILITY FOR TRAFFICKING IN PROP- Commission under title V of the Inter- SEC. 206. REQUIREMENTS FOR A DEMOCRAT- ERTY CONFISCATED FROM UNITED national Claims Settlement Act of 1949 but ICALLY ELECTED GOVERNMENT. STATES NATIONALS. did not so file the claim, the court may hear For purposes of this Act, a democratically (a) CIVIL REMEDY.— the case only if the court determines that elected government in Cuba, in addition to (1) LIABILITY FOR TRAFFICKING.—(A) Except the United States national had good cause continuing to comply with the requirements as provided in paragraphs (3) and (4), any for not filing the claim. of section 205, is a government in Cuba person, including any agency or instrumen- (B) In the case of any action brought under which— tality of a foreign state in the conduct of a this section by a United States national (1) results from free and fair elections con- commercial activity, that, after the end of whose claim in the action was timely filed ducted under the supervision of internation- the 6-month period beginning on the date of with the Foreign Claims Settlement Com- ally recognized observers; the enactment of this Act, traffics in con- mission under title V of the International (2) has permitted opposition parties ample fiscated property shall be liable to any Unit- Claims Settlement Act of 1949 but was denied time to organize and campaign for such elec- ed States national who owns the claim to by the Commission, the court may assess the tions, and has permitted full access to the such property for money damages in an basis for the denial and may accept the find- media to all candidates in the elections; amount equal to the sum of— ings of the Commission on the claim as con- (3) is showing respect for the basic civil (i) the amount which is the greater of— clusive in the action under this section un- liberties and human rights of the citizens of (I) the amount, if any, certified to the less good cause justifies another result. Cuba; claimant by the Foreign Claims Settlement (6) INAPPLICABILITY OF ACT OF STATE DOC- (4) has made demonstrable progress in es- Commission under the International Claims TRINE.—No court of the United States shall tablishing an independent judiciary; Settlement Act of 1949, plus interest; decline, based upon the act of state doctrine, (5) is substantially moving toward a mar- (II) the amount determined under section to make a determination on the merits in an ket-oriented economic system; 303(a)(2), plus interest; or action brought under paragraph (1). (6) is committed to making constitutional (III) the fair market value of that prop- (b) DEFINITION.—As used in this subsection, changes that would ensure regular free and erty, calculated as being the then current the term ‘‘agency or instrumentality of a fair elections that meet the requirements of value of the property, or the value of the foreign state’’ has the meaning given that paragraph (2); and property when confiscated plus interest, term in section 1603(b) of title 28, United (7) has made demonstrable progress in re- whichever is greater; and States Code. turning to United States citizens (and enti- (ii) reasonable costs and attorneys’ fees. (c) JURISDICTION.— H 9376 CONGRESSIONAL RECORD — HOUSE September 21, 1995

(1) IN GENERAL.—Chapter 85 of title 28, that are in excess of the payments made on ed States citizens after their property was United States Code, is amended by inserting such certified claims after the application of confiscated to be included in the claims cer- after section 1331 the following new section: subsection (e) shall be deposited into the tified to the Secretary of State by the For- ‘‘§ 1331a. Civil actions involving confiscated United States Treasury. eign Claims Settlement Commission for pur- property (g) TERMINATION OF RIGHTS.— poses of future negotiation and espousal of ‘‘The district courts shall have exclusive (1) IN GENERAL.—All rights created under claims with a friendly government in Cuba jurisdiction of any action brought under sec- this section to bring an action for money when diplomatic relations are restored; or tion 302 of the Cuban Liberty and Demo- damages with respect to property con- (2) as superseding, amending, or otherwise cratic Solidarity (LIBERTAD) Act of 1995, fiscated before the date of the enactment of altering certifications that have been made regardless of the amount in controversy.’’. this Act shall cease upon the transmittal to pursuant to title V of the International the Congress of a determination of the Presi- (2) CONFORMING AMENDMENT.—The table of Claims Settlement Act of 1949 before the en- sections for chapter 85 of title 28, United dent under section 203(c)(3). actment of this Act. States Code, is amended by inserting after (2) PENDING SUITS.—The termination of SEC. 304. EXCLUSIVITY OF FOREIGN CLAIMS SET- the item relating to section 1331 the follow- rights under paragraph (1) shall not affect TLEMENT COMMISSION CERTIFI- ing: suits commenced before the date of such ter- CATION PROCEDURE. mination, and in all such suits, proceedings ‘‘1331a. Civil actions involving confiscated Title V of the International Claims Settle- shall be had, appeals taken, and judgments ment Act of 1949 (22 U.S.C. 1643 and follow- property.’’. rendered in the same manner and with the (d) CERTAIN PROPERTY IMMUNE FROM EXE- ing), as amended by section 303, is further same effect as if this subsection had not been CUTION.—Section 1611 of title 28, United amended by adding at the end the following enacted. States Code, is amended by adding at the end new section: SEC. 303. DETERMINATION OF CLAIMS TO CON- the following: ‘‘EXCLUSIVITY OF FOREIGN CLAIMS SETTLEMENT FISCATED PROPERTY. ‘‘(c) Notwithstanding the provisions of sec- COMMISSION CERTIFICATION PROCEDURE tion 1610 of this chapter, the property of a (a) EVIDENCE OF OWNERSHIP.— (1) CONCLUSIVENESS OF CERTIFIED CLAIMS.— ‘‘SEC. 515. (a) Subject to subsection (b), nei- foreign state shall be immune from attach- ther any national of the United States who ment and from execution in an action In any action brought under this title, the courts shall accept as conclusive proof of was eligible to file a claim under section 503 brought under section 302 of the Cuban Lib- but did not timely file such claim under that erty and Democratic Solidarity (LIBERTAD) ownership a certification of a claim to own- ership that has been made by the Foreign section, nor any national of the United Act of 1995 to the extent the property is a fa- States (on the date of the enactment of this cility or installation used by an accredited Claims Settlement Commission pursuant to title V of the International Claims Settle- section) who was not eligible to file a claim diplomatic mission for official purposes.’’. under that section, nor any national of Cuba, (e) ELECTION OF REMEDIES.— ment Act of 1949 (22 U.S.C. 1643 and follow- including any agency, instrumentality, sub- (1) ELECTION.—Subject to paragraph (2)— ing). division, or enterprise of the Government of (A) any United States national that brings (2) CLAIMS NOT CERTIFIED.—In the case of a Cuba or any local government of Cuba in an action under this section may not bring claim that has not been certified by the For- place on the date of the enactment of this any other civil action or proceeding under eign Claims Settlement Commission before section, nor any successor thereto, whether the common law, Federal law, or the law of the enactment of this Act, a court may ap- or not recognized by the United States, shall any of the several States, the District of Co- point a special master, including the Foreign have a claim to, participate in, or otherwise lumbia, or any territory or possession of the Claims Settlement Commission, to make de- have an interest in, the compensation pro- United States, that seeks monetary or terminations regarding the amount and va- ceeds or other nonmonetary compensation nonmonetary compensation by reason of the lidity of claims to ownership of confiscated paid or allocated to a national of the United same subject matter; and property. Such determinations are only for States by virtue of a claim certified by the (B) any person who brings, under the com- evidentiary purposes in civil actions brought Commission under section 507, nor shall any mon law or any provision of law other than under this title and do not constitute certifi- court of the United States or any State court this section, a civil action or proceeding for cations pursuant to title V of the Inter- have jurisdiction to adjudicate any such monetary or nonmonetary compensation national Claims Settlement Act of 1949. claim. arising out of a claim for which an action (3) EFFECT OF DETERMINATIONS OF FOREIGN would otherwise be cognizable under this ENTITIES.—In determining ownership, courts ‘‘(b) Nothing in subsection (a) shall be con- section may not bring an action under this shall not accept as conclusive evidence of strued to detract from or otherwise affect section on that claim. ownership any findings, orders, judgments, any rights in the shares of the capital stock of nationals of the United States owning (2) TREATMENT OF CERTIFIED CLAIMANTS.— or decrees from administrative agencies or In the case of any United States national courts of foreign countries or international claims certified by the Commission under that brings an action under this section organizations that invalidate the claim held section 507.’’. based on a claim certified under title V of by a United States national, unless the in- TITLE IV—EXCLUSION OF CERTAIN the International Claims Settlement Act of validation was found pursuant to binding ALIENS 1949— international arbitration to which United States national submitted the claim. SEC. 401. EXCLUSION FROM THE UNITED STATES (A) if the recovery in the action is equal to OF ALIENS WHO HAVE CON- (b) AMENDMENT OF THE INTERNATIONAL or greater than the amount of the certified FISCATED PROPERTY OF UNITED claim, the United States national may not CLAIMS SETTLEMENT ACT OF 1949.—Title V of STATES NATIONALS OR WHO TRAF- receive payment on the claim under any the International Claims Settlement Act of FIC IN SUCH PROPERTY. agreement entered into between the United 1949 (22 U.S.C. 1643 and following) is amended (a) GROUNDS FOR EXCLUSION.—The Sec- States and Cuba settling claims covered by by adding at the end the following new sec- retary of State, in consultation with the At- such title, and such national shall be deemed tion: torney General, shall exclude from the Unit- to have discharged the United States from ‘‘EVALUATION OF OWNERSHIP CLAIMS REFERRED ed States any alien who the Secretary of any further responsibility to represent the BY DISTRICT COURTS OF THE UNITED STATES State determines is a person who— United States national with respect to that ‘‘SEC. 514. Notwithstanding any other pro- (1) has confiscated, or has directed or over- claim; vision of this title and only for purposes of seen the confiscation of, property a claim to (B) if the recovery in the action is less section 302 of the Cuban Liberty and Solidar- which is owned by a United States national, than the amount of the certified claim, the ity (LIBERTAD) Act, a United States dis- or converts or has converted for personal United States national may receive payment trict court, for fact-finding purposes, may gain confiscated property, a claim to which under a claims agreement described in sub- refer to the Commission, and the Commis- is owned by a United States national; paragraph (A) but only to the extent of the sion may determine, questions of the amount (2) traffics in confiscated property, a claim difference between the amount of the recov- and ownership of a claim by a United States to which is owned by a United States na- ery and the amount of the certified claim; national (as defined in section 4 of the Cuban tional; and Liberty and Solidarity (LIBERTAD) Act) re- (3) is a corporate officer, principal, or (C) if there is no recovery in the action, sulting from the confiscation of property by shareholder with a controlling interest of an the United States national may receive pay- the Government of Cuba described in section entity which has been involved in the ment on the certified claim under a claims 503(a), whether or not the United States na- confiscation of property or trafficking in agreement described in subparagraph (A) to tional qualified as a national of the United confiscated property, a claim to which is the same extent as any certified claimant States (as defined in section 502(1)) at the owned by a United States national; or who does not bring an action under this sec- time of the action by the Government of (4) is a spouse, minor child, or agent of a tion. Cuba.’’. person excludable under paragraph (1), (2), or (f) DEPOSIT OF EXCESS PAYMENTS BY CUBA (c) RULE OF CONSTRUCTION.—Nothing in (3). UNDER CLAIMS AGREEMENT.—Any amounts this Act or section 514 of the International (b) DEFINITIONS.—As used in this section, paid by Cuba under any agreement entered Claims Settlement Act of 1949, as added by the following terms have the following into between the United States and Cuba set- subsection (b), shall be construed— meanings: tling certified claims under title V of the (1) to require or otherwise authorize the (1) CONFISCATED; CONFISCATION.—The terms International Claims Settlement Act of 1949 claims of Cuban nationals who became Unit- ‘‘confiscated’’ and ‘‘confiscation’’ refer to— September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9377 (A) the nationalization, expropriation, or ponent and an opponent, and shall not Sec. 108. Reports on assistance and com- other seizure by foreign governmental au- be subject to amendment. merce received by Cuba from thority of ownership or control of property If that amendment is rejected or not other foreign countries. Sec. 109. Authorization of support for demo- on or after January 1, 1959— offered, no further amendment shall be (i) without the property having been re- cratic and human rights groups turned or adequate and effective compensa- in order except the amendments print- and international observers. tion provided; or ed in House Report 104–253. Each fur- Sec. 110. Withholding of foreign assistance (ii) without the claim to the property hav- ther amendment may be considered from countries supporting nu- ing been settled pursuant to an international only in the order printed in the report, clear plant in Cuba. claims settlement agreement or other mutu- may be offered only by a Member des- Sec. 111. Expulsion of criminals from Cuba. Sec. 112. Exports of food or medical items. ally accepted settlement procedure; and ignated in the report, shall be consid- (B) the repudiation by foreign govern- ered read, shall be debatable for 20 min- TITLE II—ASSISTANCE TO A FREE AND INDEPENDENT CUBA mental authority of, the default by foreign utes, equally divided and controlled by governmental authority on, or the failure by Sec. 201. Policy toward a transition govern- foreign governmental authority to pay, on or the proponent and an opponent, shall ment and a democratically after January 1, 1959— not be subject to amendment except as elected government in Cuba. (i) a debt of any enterprise which has been specified in the report, and shall not be Sec. 202. Assistance for the Cuban people. nationalized, expropriated, or otherwise subject to a demand for division of the Sec. 203. Coordination of assistance pro- taken by foreign governmental authority; question. gram; implementation and re- (ii) a debt which is a charge on property The Chairman of the Committee of ports to Congress; nationalized, expropriated, or otherwise reprogramming. the Whole may postpone until a time Sec. 204. Termination of the economic em- taken by foreign governmental authority; or during further consideration in the (iii) a debt which was incurred by foreign bargo of Cuba. governmental authority in satisfaction or Committee of the Whole a request for a Sec. 205. Requirements for a transition gov- settlement of a confiscated property claim. recorded vote on any amendment and ernment. (2) PROPERTY.—The term ‘‘property’’ does may reduce to not less than 5 minutes Sec. 206. Requirements for a democratically not include claims arising from a territory the time for voting by electronic de- elected government. in dispute as a result of war between United vice on any postponed question that TITLE III—PROTECTION OF PROPERTY Nations member states in which the ulti- immediately follows another vote by RIGHTS OF UNITED STATES NATION- mate resolution of the disputed territory has electronic device without intervening ALS AGAINST CONFISCATORY TAKINGS BY THE CASTRO REGIME not been resolved. business, provided that the time for (3) TRAFFICS.—(A) A person or entity ‘‘traf- Sec. 301. Statement of policy. fics’’ in property if that person or entity voting by electronic device on the first Sec. 302. Liability for trafficking in prop- knowingly and intentionally— in any series of questions shall not be erty confiscated from United (i) sells, transfers, distributes, dispenses, less than 15 minutes. States nationals. brokers, manages, or otherwise disposes of AMENDMENT IN THE NATURE OF A SUBSTITUTE Sec. 303. Determination of claims to con- confiscated property, or purchases, leases, OFFERED BY MR. MC DERMOTT fiscated property. receives, possesses, obtains control of, man- Sec. 304. Exclusivity of Foreign Claims Set- Mr. MCDERMOTT. Mr. Chairman, tlement Commission certifi- ages, uses, or otherwise acquires or holds an pursuant to the rule, I offer an amend- interest in confiscated property, cation procedure. (ii) engages in a commercial activity using ment in the nature of a substitute. TITLE IV—EXCLUSION OF CERTAIN or otherwise benefiting from confiscated The CHAIRMAN. Is the gentleman ALIENS property, or from Washington the designee of the Sec. 401. Exclusion from the United States (iii) causes, directs, participates in, or gentleman from Indiana [Mr. HAMIL- of aliens who have confiscated profits from, trafficking (as described in TON]? property of United States na- clauses (i) and (ii)) by another person, or oth- Mr. MCDERMOTT. I am, Mr. Chair- tionals or who traffic in such erwise engages in trafficking (as described in man. property. clauses (i) and (ii)) through another person, The CHAIRMAN. The Clerk will des- SEC. 2. FINDINGS. without the authorization of the United The Congress makes the following findings: States national who holds a claim to the ignate the amendment in the nature of a substitute. (1) The economy of Cuba has experienced a property. decline of at least 60 percent in the last 5 (B) The term ‘‘traffics’’ does not include— The text of the amendment in the na- years as a result of— (i) the delivery of international tele- ture of a substitute is as follows: (A) the end of its subsidization by the communication signals to Cuba that are au- Amendment in the nature of a substitute former Soviet Union of between 5 billion and thorized by section 1705(e) of the Cuban De- offered by Mr. MCDERMOTT: 6 billion dollars annually; mocracy Act of 1992 (22 U.S.C. 6004(e)); or Strike all after the enacting clause and in- (B) 36 years of Communist tyranny and (ii) the trading or holding of securities sert in lieu thereof the following: economic mismanagement by the Castro publicly traded or held, unless the trading is SECTION 1. SHORT TITLE; TABLE OF CONTENTS. government; with or by a person determined by the Sec- (a) SHORT TITLE.—This Act may be cited as (C) the extreme decline in trade between retary of the Treasury to be a specially des- the ‘‘Cuban Liberty and Democratic Solidar- Cuba and the countries of the former Soviet ignated national. ity (LIBERTAD) Act of 1995’’. bloc; and (c) NATIONAL INTEREST EXEMPTION.—This (b) TABLE OF CONTENTS.—The table of con- (D) the stated policy of the Russian Gov- section shall not apply where the Secretary tents of this Act is as follows: ernment and the countries of the former So- of State finds, on a case-by-case basis, that viet bloc to conduct economic relations with Sec. 1. Short title; table of contents. making a determination under subsection (a) Cuba on strictly commercial terms. Sec. 2. Findings. would be contrary to the national interest of (2) At the same time, the welfare and Sec. 3. Purposes. the United States. health of the Cuban people have substan- Sec. 4. Definitions. (d) EFFECTIVE DATE.— tially deteriorated as a result of this eco- TITLE I—SEEKING SANCTIONS AGAINST nomic decline and the refusal of the Castro (1) IN GENERAL.—This section applies to THE CASTRO GOVERNMENT aliens seeking to enter the United States on regime to permit free and fair democratic or after the date of the enactment of this Sec. 101. Statement of policy. elections in Cuba. Act. Sec. 102. Enforcement of the economic em- (3) The Castro regime has made it abun- (2) TRAFFICKING.—This section applies only bargo of Cuba. dantly clear that it will not engage in any with respect to acts within the meaning of Sec. 103. Prohibition against indirect financ- substantive political reforms that would lead ‘‘traffics’’ that occur on or after the date of ing of the Castro dictatorship. to democracy, a market economy, or an eco- the enactment of this Act. Sec. 104. United States opposition to Cuban nomic recovery. membership in international fi- (4) The repression of the Cuban people, in- The CHAIRMAN. Before consider- nancial institutions. cluding a ban on free and fair democratic ation of any other amendment it shall Sec. 105. United States opposition to ending elections, and continuing violations of fun- be in order to consider a further the suspension of the Govern- damental human rights have isolated the amendment in the nature of a sub- ment of Cuba from the Organi- Cuban regime as the only completely stitute by the gentleman from Indiana zation of American States. nondemocratic government in the Western Sec. 106. Assistance by the Independent Hemisphere. [Mr. HAMILTON] or his designee. That States of the former Soviet (5) As long as free elections are not held in amendment shall be considered read, Union for the Cuban Govern- Cuba, the economic condition of the country shall be debatable for 1 hour, equally ment. and the welfare of the Cuban people will not divided and controlled by the pro- Sec. 107. Television broadcasting to Cuba. improve in any significant way. H 9378 CONGRESSIONAL RECORD — HOUSE September 21, 1995 (6) The totalitarian nature of the Castro acceptable and illegal forms of conduct to in- United States nationals, and domestic re- regime has deprived the Cuban people of any fluence the actions of sovereign states in the pression from which refugees flee to United peaceful means to improve their condition Western Hemisphere in violation of the Char- States shores. and has led thousands of Cuban citizens to ter of the Organization of American States SEC. 4. DEFINITIONS. risk or lose their lives in dangerous attempts and other international agreements and As used in this Act, the following terms to escape from Cuba to freedom. international law. have the following meanings: (7) Radio Marti and Television Marti have (20) The United Nations Commission on (1) APPROPRIATE CONGRESSIONAL COMMIT- both been effective vehicles for providing the Human Rights has repeatedly reported on TEES.—The term ‘‘appropriate congressional people of Cuba with news and information the unacceptable human rights situation in committees’’ means the Committee on Inter- and have helped to bolster the morale of the Cuba and has taken the extraordinary step of national Relations, the Committee on Ways people of Cuba living under tyranny. appointing a Special Rapporteur. and Means, and the Committee on Appro- (8) The consistent policy of the United (21) The Cuban Government has consist- priations of the House of Representatives States towards Cuba since the beginning of ently refused access to the Special and the Committee on Foreign Relations, the Castro regime, carried out by both Rapporteur and formally expressed its deci- the Committee on Finance, and the Commit- Democratic and Republican administrations, sion not to ‘‘implement so much as one tee on Appropriations of the Senate. has sought to keep faith with the people of comma’’ of the United Nations Resolutions (2) COMMERCIAL ACTIVITY.—The term ‘‘com- Cuba, and has been effective in sanctioning appointing the Rapporteur. mercial activity’’ has the meaning given the totalitarian Castro regime. (22) The United Nations General Assembly that term in section 1603(d) of title 28, Unit- (9) The United States has shown a deep passed Resolution 1992/70 on December 4, ed States Code. commitment, and considers it a moral obli- 1992, Resolution 1993/48/142 on December 20, (3) CONFISCATED.—As used in titles I and gation, to promote and protect human rights 1993, and Resolution 1994/49/544 on October 19, III, the term ‘‘confiscated’’ refers to— and fundamental freedoms as expressed in 1994, referencing the Special Rapporteur’s re- (A) the nationalization, expropriation, or the Charter of the United Nations and in the ports to the United Nations and condemning other seizure by the Cuban Government of Universal Declaration of Human Rights. ‘‘violations of human rights and fundamen- ownership or control of property, on or after (10) The Congress has historically and con- tal freedoms’’ in Cuba. January 1, 1959— sistently manifested its solidarity and the (23) Article 39 of Chapter VII of the United (i) without the property having been re- solidarity of the American people with the Nations Charter provides that the United democratic aspirations of the Cuban people. turned or adequate and effective compensa- Nations Security Council ‘‘shall determine tion provided; or (11) The Cuban Democracy Act of 1992 calls the existence of any threat to the peace, upon the President to encourage the govern- (ii) without the claim to the property hav- breach of the peace, or act of aggression and ing been settled pursuant to an international ments of countries that conduct trade with shall make recommendations, or decide what Cuba to restrict their trade and credit rela- claims settlement agreement or other mutu- measures shall be taken . . ., to maintain or ally accepted settlement procedure; and tions with Cuba in a manner consistent with restore international peace and security.’’. the purposes of that Act. (B) the repudiation by the Cuban Govern- (24) The United Nations has determined ment of, the default by the Cuban Govern- (12) The 1992 FREEDOM Support Act re- that massive and systematic violations of quires that the President, in providing eco- ment on, or the failure by the Cuban Govern- human rights may constitute a ‘‘threat to nomic assistance to Russia and the emerging ment to pay, on or after January 1, 1959— peace’’ under Article 39 and has imposed Eurasian democracies, take into account the (i) a debt of any enterprise which has been sanctions due to such violations of human extent to which they are acting to ‘‘termi- nationalized, expropriated, or otherwise rights in the cases of Rhodesia, South Africa, nate support for the communist regime in taken by the Cuban Government; Iraq, and the former Yugoslavia. Cuba, including removal of troops, closing (ii) a debt which is a charge on property (25) In the case of Haiti, a neighbor of Cuba military facilities, and ceasing trade sub- nationalized, expropriated, or otherwise not as close to the United States as Cuba, sidies and economic, nuclear, and other as- taken by the Cuban Government; or the United States led an effort to obtain and sistance’’. (iii) a debt which was incurred by the did obtain a United Nations Security Council (13) The Cuban Government engages in the Cuban Government in satisfaction or settle- illegal international narcotics trade and har- embargo and blockade against that country ment of a confiscated property claim. bors fugitives from justice in the United due to the existence of a military dictator- (4) CUBAN GOVERNMENT.—(A) The term States. ship in power less than 3 years. ‘‘Cuban Government’’ includes the govern- (14) The Castro government threatens (26) United Nations Security Council Reso- ment of any political subdivision of Cuba, international peace and security by engaging lution 940 of July 31, 1994, subsequently au- and any agency or instrumentality of the in acts of armed subversion and terrorism thorized the use of ‘‘all necessary means’’ to Government of Cuba. such as the training and supplying of groups restore the ‘‘democratically elected govern- (B) For purposes of subparagraph (A), the dedicated to international violence. ment of Haiti’’, and the democratically term ‘‘agency or instrumentality of the Gov- (15) The Castro government has utilized elected government of Haiti was restored to ernment of Cuba’’ means an agency or in- from its inception and continues to utilize power on October 15, 1994. strumentality of a foreign state as defined in torture in various forms (including by psy- (27) The Cuban people deserve to be as- section 1603(b) of title 28, United States chiatry), as well as execution, exile, sisted in a decisive manner to end the tyr- Code, with ‘‘Cuba’’ substituted for ‘‘a foreign confiscation, political imprisonment, and anny that has oppressed them for 36 years state’’ each place it appears in such section. other forms of terror and repression, as and the continued failure to do so con- (5) DEMOCRATICALLY ELECTED GOVERNMENT means of retaining power. stitutes ethically improper conduct by the IN CUBA.—The term ‘‘democratically elected (16) Fidel Castro has defined democratic international community. government in Cuba’’ means a government pluralism as ‘‘pluralistic garbage’’ and con- (28) For the past 36 years, the Cuban Gov- determined by the President to have met the tinues to make clear that he has no inten- ernment has posed and continues to pose a requirements of section 206. tion of tolerating the democratization of national security threat to the United (6) ECONOMIC EMBARGO OF CUBA.—The term Cuban society. States. ‘‘economic embargo of Cuba’’ refers to the (17) The Castro government holds innocent SEC. 3. PURPOSES. economic embargo imposed against Cuba Cubans hostage in Cuba by no fault of the The purposes of this Act are as follows: pursuant to section 620(a) of the Foreign As- hostages themselves solely because relatives (1) To assist the Cuban people in regaining sistance Act of 1961 (22 U.S.C. 2370(a)), sec- have escaped the country. their freedom and prosperity, as well as in tion 5(b) of the Trading With the Enemy Act (18) Although a signatory state to the 1928 joining the community of democracies that (50 U.S.C. App. 5(b)), the International Emer- Inter-American Convention on Asylum and are flourishing in the Western Hemisphere. gency Economic Powers Act (50 U.S.C. 1701 the International Covenant on Civil and Po- (2) To seek international sanctions against and following), and the Export Administra- litical Rights (which protects the right to the Castro government in Cuba. tion Act of 1979 (50 U.S.C. App. 2401 and fol- leave one’s own country), Cuba nevertheless (3) To encourage the holding of free and lowing), as modified by the Cuban Democ- surrounds embassies in its capital by armed fair democratic elections in Cuba, conducted racy Act of 1992 (22 U.S.C. 6001 and follow- forces to thwart the right of its citizens to under the supervision of internationally rec- ing). seek asylum and systematically denies that ognized observers. (7) FOREIGN NATIONAL.—The term ‘‘foreign right to the Cuban people, punishing them (4) To develop a plan for furnishing assist- national’’ means— by imprisonment for seeking to leave the ance to a transition government and, subse- (A) an alien; or country and killing them for attempting to quently, to a democratically elected govern- (B) any corporation, trust, partnership, or do so (as demonstrated in the case of the ment when such governments meet the eligi- other juridical entity not organized under confirmed murder of over 40 men, women, bility requirements of this Act. the laws of the United States, or of any and children who were seeking to leave Cuba (5) To protect property rights abroad of State, the District of Columbia, the Com- on July 13, 1994). United States nationals. monwealth of Puerto Rico, or any other ter- (19) The Castro government continues to (6) To provide for the continued national ritory or possession of the United States. utilize blackmail, such as the immigration security of the United States in the face of (8) KNOWINGLY.—The term ‘‘knowingly’’ crisis with which it threatened the United continuing threats from the Castro govern- means with knowledge or having reason to States in the summer of 1994, and other un- ment of terrorism, theft of property from know. September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9379

(9) PROPERTY.—(A) The term ‘‘property’’ SEC. 102. ENFORCEMENT OF THE ECONOMIC EM- (4) by adding at the end the following flush means any property (including patents, BARGO OF CUBA. sentence: copyrights, trademarks, and any other form (a) POLICY.—(1) The Congress hereby reaf- ‘‘As used in this paragraph, the term ‘agency of intellectual property), whether real, per- firms section 1704(a) of the Cuban Democracy or instrumentality of the Government of sonal, or mixed, and any present, future, or Act of 1992 that states the President should Cuba’ means an agency or instrumentality of contingent right, security, or other interest encourage foreign countries to restrict trade a foreign state as defined in section 1603(b) of therein, including any leasehold interest. and credit relations with Cuba. title 28, United States Code, with ‘Cuba’ sub- (B) For purposes of title III of this Act, the (2) The Congress further urges the Presi- stituted for ‘a foreign state’ each place it ap- term ‘‘property’’ shall not include real prop- dent to take immediate steps to apply the pears in such section.’’. erty used for residential purposes unless, as sanctions described in section 1704(b) of that Act against countries assisting Cuba. SEC. 103. PROHIBITION AGAINST INDIRECT FI- of the date of the enactment of this Act— NANCING OF THE CASTRO DICTA- (b) DIPLOMATIC EFFORTS.—The Secretary of (i) the claim to the property is owned by a TORSHIP. State shall ensure that United States diplo- United States national and the claim has matic personnel abroad understand and, in (a) PROHIBITION.—Notwithstanding any been certified under title V of the Inter- their contacts with foreign officials, are other provision of law, no loan, credit, or national Claims Settlement Act of 1949; or communicating the reasons for the United other financing may be extended knowingly (ii) the property is occupied by a member States economic embargo of Cuba, and are by a United States national, permanent resi- or official of the Cuban Government or the urging foreign governments to cooperate dent alien, or United States agency, to a for- ruling political party in Cuba. more effectively with the embargo. eign national, United States national, or per- RAFFICS (10) T .—(A) As used in title III, a (c) EXISTING REGULATIONS.—The President manent resident alien, in order to finance person or entity ‘‘traffics’’ in property if should instruct the Secretary of the Treas- transactions involving any confiscated prop- that person or entity knowingly and inten- ury and the Attorney General to enforce erty the claim to which is owned by a United tionally— fully the Cuban Assets Control Regulations States national as of the date of the enact- (i) sells, transfers, distributes, dispenses, set forth in part 515 of title 31, Code of Fed- ment of this Act. brokers, manages, or otherwise disposes of eral Regulations. (b) TERMINATION OF PROHIBITION.—The pro- confiscated property, or purchases, leases, (d) TRADING WITH THE ENEMY ACT.— hibition of subsection (a) shall cease to apply receives, possesses, obtains control of, man- (1) CIVIL PENALTIES.—Subsection (b) of sec- on the date on which the economic embargo ages, uses, or otherwise acquires or holds an tion 16 of the Trading With the Enemy Act of Cuba terminates under section 205. interest in confiscated property, (50 U.S.C. App. 16(b)) is amended to read as (c) PENALTIES.—Violations of subsection (ii) engages in a commercial activity using follows: (a) shall be punishable by the same penalties or otherwise benefiting from confiscated ‘‘(b)(1) A civil penalty of not to exceed as are applicable to violations of the Cuban property, or $50,000 may be imposed by the Secretary of Assets Control Regulations set forth in part (iii) causes, directs, participates in, or the Treasury on any person who violates any 515 of title 31, Code of Federal Regulations. profits from, trafficking (as described in license, order, rule, or regulation issued in (d) DEFINITIONS.—As used in this section— clauses (i) and (ii)) by another person, or oth- compliance with the provisions of this Act. (1) the term ‘‘permanent resident alien’’ erwise engages in trafficking (as described in ‘‘(2) Any property, funds, securities, pa- means an alien admitted for permanent resi- clauses (i) and (ii)) through another person, pers, or other articles or documents, or any dence into the United States; and without the authorization of the United vessel, together with its tackle, apparel, fur- (2) the term ‘‘United States agency’’ has States national who holds a claim to the niture, and equipment, that is the subject of the meaning given the term ‘‘agency’’ in sec- property. a violation under paragraph (1) shall, at the tion 551(1) of title 5, United States Code. (B) The term ‘‘traffics’’ does not include— discretion of the Secretary of the Treasury, be forfeited to the United States Govern- SEC. 104. UNITED STATES OPPOSITION TO CUBAN (i) the delivery of international tele- MEMBERSHIP IN INTERNATIONAL communication signals to Cuba that are au- ment. FINANCIAL INSTITUTIONS. ‘‘(3) The penalties provided under this sub- thorized by section 1705(e) of the Cuban De- (a) CONTINUED OPPOSITION TO CUBAN MEM- section may not be imposed for— mocracy Act of 1992 (22 U.S.C. 6004(e)); or BERSHIP IN INTERNATIONAL FINANCIAL INSTI- (ii) the trading or holding of securities ‘‘(A) news gathering, research, or the ex- port or import of, or transmission of, infor- TUTIONS.—(1) Except as provided in para- publicly traded or held, unless the trading is graph (2), the Secretary of the Treasury shall with or by a person determined by the Sec- mation or informational materials; or ‘‘(B) clearly defined educational or reli- instruct the United States executive director retary of the Treasury to be a specially des- to each international financial institution to ignated national. gious activities, or activities of recognized human rights organizations, that are reason- use the voice and vote of the United States (11) TRANSITION GOVERNMENT IN CUBA.—The ably limited in frequency, duration, and to oppose the admission of Cuba as a member term ‘‘transition government in Cuba’’ of that institution until the President sub- means a government determined by the number of participants. ‘‘(4) The penalties provided under this sub- mits a determination under section 203(c)(3) President to have met the requirements of section may be imposed only on the record that a democratically elected government in section 205. after opportunity for an agency hearing in Cuba is in power. (12) UNITED STATES NATIONAL.—The term accordance with sections 554 through 557 of (2) Once the President submits a deter- ‘‘United States national’’ means— title 5, United States Code, with the right to mination under section 203(c)(1) that a tran- (A) any United States citizen; or prehearing discovery. sition government in Cuba is in power, the (B) any other legal entity which is orga- ‘‘(5) Judicial review of any penalty im- President is encouraged to take steps to sup- nized under the laws of the United States, or posed under this subsection may be had to port the processing of Cuba’s application for of any State, the District of Columbia, the the extent provided in section 702 of title 5, membership in any international financial Commonwealth of Puerto Rico, or any other United States Code.’’. institution, subject to the membership tak- territory or possession of the United States, (2) FORFEITURE OF PROPERTY USED IN VIOLA- ing effect after a democratically elected gov- and which has its principal place of business TION.—Section 16 of the Trading With the ernment in Cuba is in power. in the United States. Enemy Act is further amended by striking (b) REDUCTION IN UNITED STATES PAYMENTS TITLE I—SEEKING SANCTIONS AGAINST subsection (c). TO INTERNATIONAL FINANCIAL INSTITUTIONS.— THE CASTRO GOVERNMENT (3) CLERICAL AMENDMENT.—Section 16 of If any international financial institution ap- SEC. 101. STATEMENT OF POLICY. the Trading With the Enemy Act is further proves a loan or other assistance to the It is the sense of the Congress that— amended by inserting ‘‘SEC. 16.’’ before ‘‘(a)’’. Cuban Government over the opposition of (1) the acts of the Castro government, in- (e) COVERAGE OF DEBT-FOR-EQUITY SWAPS the United States, then the Secretary of the cluding its massive, systematic, and extraor- BY ECONOMIC EMBARGO OF CUBA.—Section Treasury shall withhold from payment to dinary violations of human rights, are a 1704(b)(2) of the Cuban Democracy Act of 1992 that institution an amount equal to the threat to international peace; (22 U.S.C. 6003(b)(2)) is amended— amount of the loan or other assistance to the (2) the President should advocate, and (1) by striking ‘‘and’’ at the end of subpara- Cuban Government, with respect to each of should instruct the United States Permanent graph (A); the following types of payment: Representative to the United Nations to pro- (2) by redesignating subparagraph (B) as (1) The paid-in portion of the increase in pose and seek, within the Security Council, a subparagraph (C); and capital stock of the institution. mandatory international embargo against (3) by inserting after subparagraph (A) the (2) The callable portion of the increase in the totalitarian Cuban Government pursuant following new subparagraph: capital stock of the institution. to chapter VII of the Charter of the United ‘‘(B) includes an exchange, reduction, or (c) DEFINITION.—For purposes of this sec- Nations, which is similar to measures taken forgiveness of Cuban debt owed to a foreign tion, the term ‘‘international financial insti- by United States representatives with re- country in return for a grant of an equity in- tution’’ means the International Monetary spect to Haiti; and terest in a property, investment, or oper- Fund, the International Bank for Recon- (3) any resumption or commencement of ation of the Government of Cuba (including struction and Development, the Inter- efforts by any state to make operational the the government of any political subdivision national Development Association, the nuclear facility at Cienfuegos, Cuba, will of Cuba, and any agency or instrumentality International Finance Corporation, the Mul- have a detrimental impact on United States of the Government of Cuba) or of a Cuban na- tilateral Investment Guaranty Agency, and assistance to and relations with that state. tional; and’’; and the Inter-American Development Bank. H 9380 CONGRESSIONAL RECORD — HOUSE September 21, 1995

SEC. 105. UNITED STATES OPPOSITION TO END- ‘‘(B) For purposes of subparagraph (A), the (b) PERIODIC REPORTS.—Not later than 45 ING THE SUSPENSION OF THE GOV- term ‘agency or instrumentality of the Gov- days after the date of the enactment of this ERNMENT OF CUBA FROM THE OR- ernment of Cuba’ means an agency or instru- Act, and every three months thereafter until GANIZATION OF AMERICAN STATES. mentality of a foreign state as defined in The President should instruct the United the conversion described in subsection (a) is section 1603(b) of title 28, United States States Permanent Representative to the Or- fully implemented, the Director of the Unit- Code, with ‘Cuba’ substituted for ‘a foreign ganization of American States to use the ed States Information Agency shall submit a state’ each place it appears in such section.’’. voice and vote of the United States to oppose report to the appropriate congressional com- (d) FACILITIES AT LOURDES, CUBA.—(1) The ending the suspension of the Government of mittees on the progress made in carrying out Congress expresses its strong disapproval of Cuba from the Organization until the Presi- subsection (a). the extension by Russia of credits equivalent dent determines under section 203(c)(3) that to approximately $200,000,000 in support of (c) TERMINATION OF BROADCASTING AU- a democratically elected government in the intelligence facility at Lourdes, Cuba, in THORITIES.—Upon transmittal of a deter- Cuba is in power. November 1994. mination under section 203(c)(3), the Tele- SEC. 106. ASSISTANCE BY THE INDEPENDENT (2) Section 498A of the Foreign Assistance vision Broadcasting to Cuba Act (22 U.S.C. STATES OF THE FORMER SOVIET 1465aa and following) and the Radio Broad- UNION FOR THE CUBAN GOVERN- Act of 1961 (22 U.S.C. 2295a) is amended by MENT. adding at the end the following new sub- casting to Cuba Act (22 U.S.C. 1465 and fol- (a) REPORTING REQUIREMENT.—Not later section: lowing) are repealed. ‘‘(d) REDUCTION IN ASSISTANCE FOR SUPPORT than 90 days after the date of the enactment SEC. 108. REPORTS ON ASSISTANCE AND COM- OF INTELLIGENCE FACILITIES IN CUBA.—(1) of this Act, the President shall submit to the MERCE RECEIVED BY CUBA FROM Notwithstanding any other provision of law, appropriate congressional committees a re- OTHER FOREIGN COUNTRIES. port detailing progress towards the with- the President shall withhold from assistance drawal of personnel of any independent state provided, on or after the date of the enact- (a) REPORTS REQUIRED.—Not later than 90 of the former Soviet Union (within the ment of this subsection, for an independent days after the date of the enactment of this meaning of section 3 of the FREEDOM Sup- state of the former Soviet Union under this Act, and every year thereafter, the President port Act (22 U.S.C. 5801)), including advisers, chapter an amount equal to the sum of as- shall submit a report to the appropriate con- technicians, and military personnel, from sistance and credits, if any, provided on or gressional committees on assistance and the Cienfuegos nuclear facility in Cuba. after such date by such state in support of commerce received by Cuba from other for- (b) CRITERIA FOR ASSISTANCE.—Section intelligence facilities in Cuba, including the eign countries during the preceding 12-month 498A(a)(11) of the Foreign Assistance Act of intelligence facility at Lourdes, Cuba. period. 1961 (22 U.S.C. 2295a(a)(11)) is amended by ‘‘(2)(A) The President may waive the re- quirement of paragraph (1) to withhold as- (b) CONTENTS OF REPORTS.—Each report re- striking ‘‘of military facilities’’ and insert- quired by subsection (a) shall, for the period ing ‘‘military and intelligence facilities, in- sistance if the President certifies to the ap- covered by the report, contain the following, cluding the military and intelligence facili- propriate congressional committees that the to the extent such information is known: ties at Lourdes and Cienfuegos’’. provision of such assistance is important to (c) INELIGIBILITY FOR ASSISTANCE.—(1) Sec- the national security of the United States, (1) A description of all bilateral assistance tion 498A(b) of that Act (22 U.S.C. 2295a(b)) is and, in the case of such a certification made provided to Cuba by other foreign countries, amended— with respect to Russia, if the President cer- including humanitarian assistance. (A) by striking ‘‘or’’ at the end of para- tifies that the Russian Government has as- (2) A description of Cuba’s commerce with graph (4); sured the United States Government that foreign countries, including an identification (B) by redesignating paragraph (5) as para- the Russian Government is not sharing intel- of Cuba’s trading partners and the extent of graph (6); and ligence data collected at the Lourdes facility such trade. (C) by inserting after paragraph (4) the fol- with officials or agents of the Cuban Govern- (3) A description of the joint ventures com- lowing: ment. pleted, or under consideration, by foreign na- ‘‘(5) for the government of any independent ‘‘(B) At the time of a certification made tionals involving facilities in Cuba, includ- state effective 30 days after the President with respect to Russia pursuant to subpara- ing an identification of the location of the has determined and certified to the appro- graph (A), the President shall also submit to facilities involved and a description of the priate congressional committees (and Con- the appropriate congressional committees a terms of agreement of the joint ventures and gress has not enacted legislation disapprov- report describing the intelligence activities the names of the parties that are involved. ing the determination within that 30-day pe- of Russia in Cuba, including the purposes for (4) A determination whether or not any of riod) that such government is providing as- which the Lourdes facility is used by the the facilities described in paragraph (3) is sistance for, or engaging in nonmarket based Russian Government and the extent to which the subject of a claim by a United States na- trade (as defined in section 498B(k)(3)) with, the Russian Government provides payment tional. the Cuban Government; or’’. or government credits to the Cuban Govern- (5) A determination of the amount of (2) Subsection (k) of section 498B of that ment for the continued use of the Lourdes fa- Cuban debt owed to each foreign country, in- Act (22 U.S.C. 2295b(k)), is amended by add- cility. cluding— ing at the end the following: ‘‘(C) The report required by subparagraph (A) the amount of debt exchanged, for- ‘‘(3) NONMARKET BASED TRADE.—As used in (B) may be submitted in classified form. given, or reduced under the terms of each in- section 498A(b)(5), the term ‘nonmarket ‘‘(D) For purposes of this paragraph, the vestment or operation in Cuba involving for- based trade’ includes exports, imports, ex- term ‘appropriate congressional committees’ changes, or other arrangements that are pro- includes the Permanent Select Committee eign nationals; and vided for goods and services (including oil on Intelligence of the House of Representa- (B) the amount of debt owed to the foreign and other petroleum products) on terms tives and the Select Committee on Intel- country that has been exchanged, reduced, or more favorable than those generally avail- ligence of the Senate. forgiven in return for a grant by the Cuban able in applicable markets or for comparable ‘‘(3) The requirement of paragraph (1) to Government of an equity interest in a prop- commodities, including— withhold assistance shall not apply with re- erty, investment, or operation of the Cuban ‘‘(A) exports to the Cuban Government on spect to— Government or of a Cuban national. terms that involve a grant, concessional ‘‘(A) assistance to meet urgent humani- (6) A description of the steps taken to en- price, guaranty, insurance, or subsidy; tarian needs, including disaster and refugee sure that raw materials and semifinished or ‘‘(B) imports from the Cuban Government relief; finished goods produced by facilities in Cuba at preferential tariff rates; ‘‘(B) democratic political reform and rule involving foreign nationals do not enter the ‘‘(C) exchange arrangements that include of law activities; United States market, either directly or advance delivery of commodities, arrange- ‘‘(C) technical assistance for safety up- through third countries or parties. ments in which the Cuban Government is not grades of civilian nuclear power plants; (7) An identification of countries that pur- held accountable for unfulfilled exchange ‘‘(D) the creation of private sector and chase, or have purchased, arms or military contracts, and arrangements under which nongovernmental organizations that are supplies from the Cuban Government or that Cuba does not pay appropriate transpor- independent of government control; otherwise have entered into agreements with tation, insurance, or finance costs; and ‘‘(E) the development of a free market eco- the Cuban Government that have a military ‘‘(D) the exchange, reduction, or forgive- nomic system; and application, including— ness of Cuban debt in return for a grant by ‘‘(F) assistance for the purposes described (A) a description of the military supplies, the Cuban Government of an equity interest in the Cooperative Threat Reduction Act of equipment, or other materiel sold, bartered, in a property, investment, or operation of 1993 (title XII of Public Law 103–160).’’. or exchanged between the Cuban Govern- the Cuban Government or of a Cuban na- SEC. 107. TELEVISION BROADCASTING TO CUBA. ment and such countries; tional. (a) CONVERSION TO UHF.—The Director of (B) a listing of the goods, services, credits, ‘‘(4) CUBAN GOVERNMENT.—(A) The term the United States Information Agency shall or other consideration received by the Cuban ‘Cuban Government’ includes the govern- implement a conversion of television broad- Government in exchange for military sup- ment of any political subdivision of Cuba, casting to Cuba under the Television Marti plies, equipment, or materiel; and and any agency or instrumentality of the Service to ultra high frequency (UHF) broad- (C) the terms or conditions of any such Government of Cuba. casting. agreement. September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9381 SEC. 109. AUTHORIZATION OF SUPPORT FOR (C) the inadequacy of training of plant op- (E) assistance for the purposes described in DEMOCRATIC AND HUMAN RIGHTS erators; the Cooperative Threat Reduction Act of 1993 GROUPS AND INTERNATIONAL OB- (D) reports by a former technician from (title XII of Public Law 103–160). SERVERS. Cuba who, by examining with x-rays weld (3) DEFINITION.—As used in paragraph (1), (a) AUTHORIZATION.—Notwithstanding any sites believed to be part of the auxiliary the term ‘‘assistance’’ means assistance other provision of law, except for section plumbing system for the plant, found that 10 under the Foreign Assistance Act of 1961, 634A of the Foreign Assistance Act of 1961 (22 to 15 percent of those sites were defective; credits, sales, and guarantees of extensions U.S.C. 2394–1) and comparable notification (E) since September 5, 1992, when construc- requirements contained in any Act making of credit under the Arms Export Control Act, tion on the plant was halted, the prolonged appropriations for foreign operations, export assistance under titles I and III of the Agri- exposure to the elements, including corro- financing, and related programs, the Presi- cultural Trade Development and Assistance sive salt water vapor, of the primary reactor dent is authorized to furnish assistance and Act of 1954, assistance under the FREEDOM components; and provide other support for individuals and Support Act of 1992, and any other program (F) the possible inadequacy of the upper independent nongovernmental organizations of assistance or credits provided by the Unit- portion of the reactors’ dome retention capa- to support democracy-building efforts for ed States to other countries under other pro- bility to withstand only 7 pounds of pressure Cuba, including the following: visions of law, except that the term ‘‘assist- per square inch, given that normal atmos- (1) Published and informational matter, ance’’ does not include humanitarian assist- pheric pressure is 32 pounds per square inch such as books, videos, and cassettes, on tran- ance, including disaster relief assistance. and United States reactors are designed to sitions to democracy, human rights, and SEC. 111. EXPULSION OF CRIMINALS FROM CUBA. accommodate pressures of 50 pounds per market economies, to be made available to The President shall instruct all United square inch. independent democratic groups in Cuba. States Government officials who engage in (5) The United States Geological Survey (2) Humanitarian assistance to victims of official conduct with the Cuban Government claims that it had difficulty determining an- political repression, and their families. to raise on a regular basis the extradition of swers to specific questions regarding earth- (3) Support for democratic and human or rendering to the United States all persons quake activity in the area near Cienfuegos rights groups in Cuba. residing in Cuba who are sought by the Unit- because the Cuban Government was not (4) Support for visits and permanent de- ed States Department of Justice for crimes forthcoming with information. ployment of independent international committed in the United States. (6) The Geological Survey has indicated human rights monitors in Cuba. SEC. 112. EXPORTS OF FOOD OR MEDICAL ITEMS. that the Caribbean plate, a geological forma- (b) OAS EMERGENCY FUND.—(1) The Presi- (a) AMENDMENT TO EMBARGO AUTHORITY IN tion near the south coast of Cuba, may pose dent shall take the necessary steps to en- THE FOREIGN ASSISTANCE ACT OF 1961.—Sec- seismic risks to Cuba and the site of the courage the Organization of American States tion 620(a)(1) of the Foreign Assistance Act power plant, and may produce large to mod- to create a special emergency fund for the of 1961 (22 u.S.C. 2370(a)(1)) is amended by erate earthquakes. explicit purpose of deploying human rights striking the period at the end of the second (7) On May 25, 1992, the Caribbean plate observers, election support, and election ob- sentence and inserting the following: ‘‘, ex- produced an earthquake numbering 7.0 on servation in Cuba. cept that any such embargo shall not apply the Richter scale. (2) The President should instruct the Unit- with respect to the export of any medicines (8) According to a study by the National ed States Permanent Representative to the or medical supplies, instruments, or equip- Organization of American States to encour- Oceanic and Atmospheric Administration, summer winds could carry radioactive pol- ment, or staple foods. For purposes of the age other member states of the Organization preceding sentence, the term ‘staple foods’ to join in calling for the Cuban Government lutants from a nuclear accident at the power plant throughout all of Florida and parts of means meat, poultry, fish, bread, cereals, to allow the immediate deployment of inde- grains, vegetables, fruits, and dairy prod- pendent human rights monitors of the Orga- the States on the gulf coast as far as Texas, and northern winds could carry the pollut- ucts.’’. nization throughout Cuba and on-site visits (b) LIMITATION ON EXISTING RESTRICTIONS to Cuba by the Inter-American Commission ants as far northeast as Virginia and Wash- ington, D.C. ON TRADE WITH CUBA.—Upon the enactment on Human Rights. of this Act, any regulation, proclamation, or (3) Notwithstanding section 307 of the For- (9) The Cuban Government, under dictator Fidel Castro, in 1962 advocated the Soviets’ provision of law, including Presidential eign Assistance Act of 1961 (22 U.S.C. 2227) or Proclamation 3447 of February 8, 1962, the any other provision of law limiting the Unit- launching of nuclear missiles to the United States, which represented a direct and dan- Export Administration Regulations (15 CFR ed States proportionate share of assistance 368–399), and the Cuban Assets Control Regu- to Cuba by any international organization, gerous provocation of the United States and brought the world to the brink of a nuclear lations (31 CFR 515), that prohibits exports the President should provide not less than to Cuba or transactions involving exports to $5,000,000 of the voluntary contributions of conflict. (10) Fidel Castro over the years has con- Cuba and that is in effect on the date of the the United States to the Organization of enactment of this Act, shall not apply with American States as of the date of the enact- sistently issued threats against the United States Government, most recently that he respect to the export to Cuba of medicines or ment of this Act solely for the purposes of medical supplies, instruments, or equipment, the special fund referred to in paragraph (1). would unleash another perilous mass migra- tion from Cuba upon the enactment of this or staple foods. SEC. 110. WITHHOLDING OF FOREIGN ASSIST- (c) LIMITATION ON THE FUTURE EXERCISE OF ANCE FROM COUNTRIES SUPPORT- Act. AUTHORITY.— ING NUCLEAR PLANT IN CUBA. (11) Despite the various concerns about the (1) EXPORT ADMINISTRATION ACT OF 1979.— (a) FINDINGS.—The Congress makes the fol- plant’s safety and operational problems, a After the enactment of this Act, the Presi- lowing findings: feasibility study is being conducted that dent may not exercise the authorities con- (1) President Clinton stated in April 1993 would establish a support group to include tained in the Export Administration Act of that ‘‘the United States opposes the con- Russia, Cuba, and third countries with the 1979 to restrict the exportation to Cuba— struction of the Juragua nuclear power plant objective of completing and operating the (A) a medicines or medical supplies, instru- because of our concerns about Cuba’s ability plant. ments, or equipment, except to the extent to ensure the safe operation of the facility (b) WITHHOLDING OF FOREIGN ASSISTANCE.— such restrictions would be permitted under and because of Cuba’s refusal to sign the Nu- (1) IN GENERAL.—Notwithstanding any section 5 of that Act for goods containing clear Non-Proliferation Treaty or ratify the other provision of law, the President shall parts or components subjects to export con- Treaty of Tlatelolco.’’. withhold from assistance allocated, on or trols under such section; or (2) Cuba has not signed the Treaty on the after the date of the enactment of this Act, (B) of staple foods. Non-Proliferation of Nuclear Weapons or for any country an amount equal to the sum (2) INTERNATIONAL EMERGENCY ECONOMIC ratified the Treaty of Tlatelolco, the latter of assistance and credits, if any, provided on POWERS ACT.—After the enactment of this of which establishes Latin America and the or after such date of enactment by that Act, the President may not exercise the au- Caribbean as a nuclear weapons-free zone. country or any entity in that country in sup- thorities contained in section 203 of the (3) The State Department, the Nuclear port of the completion of the Cuban nuclear International Emergency Economic Powers Regulatory Commission, and the Depart- facility at Juragua, near Cienfuegos, Cuba. Act to restrict the export to Cuba— ment of Energy have expressed concerns (2) EXCEPTIONS.—The requirement of para- (A) of medicines or medical supplies, in- about the construction and operation of graph (1) to withhold assistance shall not struments, or equipment, to the extent such Cuba’s nuclear reactors. apply with respect to— authorities are exercised to deal with a (4) In a September 1992 report to Congress, (A) assistance to meet urgent humani- threat to the foreign policy or economy of the General Accounting Office outlined con- tarian needs, including disaster and refugee the United States; or cerns among nuclear energy experts about relief; (B) of staple foods. deficiencies in the nuclear plant project in (B) democratic political reform and rule of (d) DEFINITION.—For purposes of this sec- Juragua, near Cienfuegos, Cuba, including— law activities; tion, the term ‘‘staple foods’’ means meat, (A) a lack in Cuba of a nuclear regulatory (C) the creation of private sector and non- poultry, fish, bread, cereals, grains, vegeta- structure; governmental organizations that are inde- bles, fruits, and dairy products. (B) the absence in Cuba of an adequate in- pendent of government control; (e) CONFORMING AMENDMENTS.—(1) Section frastructure to ensure the plant’s safe oper- (D) the development of a free market eco- 1705 of the Cuban Democracy Act of 1992 (22 ation and requisite maintenance; nomic system; and U.S.C. 6004) is amended— H 9382 CONGRESSIONAL RECORD — HOUSE September 21, 1995 (A) in subsection (b)— ple of Cuba upon the institution of a transi- authorization of appropriations and subject (i) in the subsection caption by inserting tion government in Cuba. to the availability of appropriations, consist ‘‘AND EXPORTS OF STAPLE FOODS’’ after (10) Not to provide favorable treatment or of additional economic assistance, together ‘‘FOOD’’; and influence on behalf of any individual or en- with assistance described in subparagraph (ii) by striking the period at the end and tity in the selection by the Cuban people of (C). Such economic assistance may include— inserting the following: ‘‘or prohibit exports their future government. (i) assistance under chapter 1 of part I (re- to Cuba of staple foods. For purposes of the (11) To assist a transition government in lating to development assistance), and chap- preceding sentence, the term ‘staple foods’ Cuba and a democratically elected govern- ter 4 of part II (relating to the economic sup- means meat, poultry, fish, bread, cereals, ment in Cuba to prepare the Cuban military port fund), of the Foreign Assistance Act of grains, vegetables, fruits, and dairy prod- forces for an appropriate role in a democ- 1961; ucts.’’; racy. (ii) assistance under the Agricultural (B) by amending subsection (c)(1) to read (12) To be prepared to enter into negotia- Trade Development and Assistance Act of as follows: tions with a democratically elected govern- 1954; ‘‘(1) except to the extent such restric- ment in Cuba either to return the United (iii) financing, guarantees, and other forms tions— States Naval Base at Guantanamo to Cuba of assistance provided by the Export-Import ‘‘(A) would be permitted under section 5 of or to renegotiate the present agreement Bank of the United States; the Export Administration Act of 1979 for under mutually agreeable terms. (iv) financial support provided by the Over- goods containing parts or components sub- (13) To consider the restoration of diplo- seas Private Investment Corporation for in- ject to export controls under such section; or matic recognition and support the vestment projects in Cuba; ‘‘(B) are imposed under section 208 of the reintegration of the Cuban Government into (v) assistance provided by the Trade and International Emergency Economic Powers Inter-American organizations when the Development Agency; Act to deal with a threat to the national se- President determines that there exists a (vi) Peace Corps programs; and curity of the United States;’’; and democratically elected government in Cuba. (vii) other appropriate assistance to carry (C) by striking subsection (d) and redesig- (14) To take steps to remove the economic out the policy of section 201. nating subsections (e), (f), and (g) as sub- embargo of Cuba when the President deter- (C) MILITARY ADJUSTMENT ASSISTANCE.—As- sections (d), (e), and (f), respectively. mines that a transition to a democratically sistance to a transition government in Cuba (2) Section 1704(b)(2)(B)(i) of the Cuban De- elected government in Cuba has begun. and to a democratically elected government mocracy Act of 1992 (22 U.S.C. 6003(b)(2)(B)(i)) (15) To assist a democratically elected gov- in Cuba shall also include assistance in pre- is amended by inserting after ‘‘Cuba,’’ the ernment in Cuba to strengthen and stabilize paring the Cuban military forces to adjust to following: ‘‘or exports of staple foods per- its national currency. an appropriate role in a democracy. mitted under section 1705(b),’’. (16) To pursue trade relations with a free, (c) STRATEGY FOR DISTRIBUTION.—The plan TITLE II—ASSISTANCE TO A FREE AND democratic, and independent Cuba. developed under subsection (b) shall include a strategy for distributing assistance under INDEPENDENT CUBA SEC. 202. ASSISTANCE FOR THE CUBAN PEOPLE. the plan. (a) AUTHORIZATION.— SEC. 201. POLICY TOWARD A TRANSITION GOV- (d) DISTRIBUTION.—Assistance under the ERNMENT AND A DEMOCRATICALLY (1) IN GENERAL.—The President shall de- plan developed under subsection (b) shall be ELECTED GOVERNMENT IN CUBA. velop a plan for providing economic assist- provided through United States Government The policy of the United States is as fol- ance to Cuba at such time as the President organizations and nongovernmental organi- lows: determines that a transition government or zations and private and voluntary organiza- (1) To support the self-determination of the a democratically elected government in tions, whether within or outside the United Cuban people. Cuba (as determined under section 203(c)) is States, including humanitarian, educational, (2) To recognize that the self-determina- in power. labor, and private sector organizations. tion of the Cuban people is a sovereign and (2) EFFECT ON OTHER LAWS.—Assistance (e) INTERNATIONAL EFFORTS.—The Presi- national right of the citizens of Cuba which may be provided under this section subject dent shall take the necessary steps— must be exercised free of interference by the to an authorization of appropriations and (1) to seek to obtain the agreement of government of any other country. subject to the availability of appropriations. other countries and of international finan- (3) To encourage the Cuban people to em- (b) PLAN FOR ASSISTANCE.— cial institutions and multilateral organiza- power themselves with a government which (1) DEVELOPMENT OF PLAN.—The President tions to provide to a transition government reflects the self-determination of the Cuban shall develop a plan for providing assistance in Cuba, and to a democratically elected gov- people. under this section— ernment in Cuba, assistance comparable to (4) To recognize the potential for a dif- (A) to Cuba when a transition government that provided by the United States under ficult transition from the current regime in in Cuba is in power; and this Act; and Cuba that may result from the initiatives (B) to Cuba when a democratically elected (2) to work with such countries, institu- taken by the Cuban people for self-deter- government in Cuba is in power. tions, and organizations to coordinate all mination in response to the intransigence of (2) TYPES OF ASSISTANCE.—Assistance such assistance programs. the Castro regime in not allowing any sub- under the plan developed under paragraph (1) (f) COMMUNICATION WITH THE CUBAN PEO- stantive political or economic reforms, and may, subject to an authorization of appro- PLE.—The President shall take the necessary to be prepared to provide the Cuban people priations and subject to the availability of steps to communicate to the Cuban people with humanitarian, developmental, and appropriations, include the following: the plan for assistance developed under this other economic assistance. (A) TRANSITION GOVERNMENT.—(i) Except as section. (5) In solidarity with the Cuban people, to provided in clause (ii), assistance to Cuba (g) REPORT TO CONGRESS.—Not later than provide appropriate forms of assistance— under a transition government shall, subject 180 days after the date of the enactment of (A) to a transition government in Cuba; to an authorization of appropriations and this Act, the President shall transmit to the (B) to facilitate the rapid movement from subject to the availability of appropriations, appropriate congressional committees a re- such a transition government to a democrat- be limited to— port describing in detail the plan developed ically elected government in Cuba that re- (I) such food, medicine, medical supplies under this section. sults from an expression of the self-deter- and equipment, and assistance to meet emer- (h) TRADE AND INVESTMENT RELATIONS.— mination of the Cuban people; and gency energy needs, as is necessary to meet (1) REPORT TO CONGRESS.—The President, (C) to support such a democratically elect- the basic human needs of the Cuban people; following the transmittal to the Congress of ed government. and a determination under section 203(c)(3) that (6) Through such assistance, to facilitate a (II) assistance described in subparagraph a democratically elected government in peaceful transition to representative democ- (C). Cuba is in power, shall submit to the appro- racy and a market economy in Cuba and to (ii) Assistance provided only after the priate congressional committees a report consolidate democracy in Cuba. President certifies to the appropriate con- that describes— (7) To deliver such assistance to the Cuban gressional committees, in accordance with (A) acts, policies, and practices that con- people only through a transition government procedures applicable to reprogramming no- stitute significant barriers to, or distortions in Cuba, through a democratically elected tifications under section 634A of the Foreign of, United States trade in goods or services government in Cuba, through United States Assistance Act of 1961, that such assistance or foreign direct investment with respect to Government organizations, or through Unit- is essential to the successful completion of Cuba; ed States, international, or indigenous non- the transition to democracy. (B) policy objectives of the United States governmental organizations. (iii) Only after a transition government in regarding trade relations with a democrat- (8) To encourage other countries and mul- Cuba is in power, remittances by individuals ically elected government in Cuba, and the tilateral organizations to provide similar as- to their relatives of cash or goods, as well as reasons therefor, including possible— sistance, and to work cooperatively with freedom to travel to visit them without any (i) reciprocal extension of nondiscrim- such countries and organizations to coordi- restrictions, shall be permitted. inatory trade treatment (most-favored-na- nate such assistance. (B) DEMOCRATICALLY ELECTED GOVERN- tion treatment); (9) To ensure that appropriate assistance is MENT.—Assistance to a democratically elect- (ii) designation of Cuba as a beneficiary de- rapidly provided and distributed to the peo- ed government in Cuba may, subject to an veloping country under title V of the Trade September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9383 Act of 1974 (relating to the Generalized Sys- termination referred to in paragraph (1), ex- diately so notify the Congress. The President tem of Preferences) or as a beneficiary coun- cept that the President shall transmit the shall report to the Congress no less fre- try under the Caribbean Basin Economic Re- report in preliminary form not later than 15 quently than every 6 months thereafter, covery Act, and the implications of such des- days after making that determination. until he submits a determination under sec- ignation with respect to trade with any (3) IMPLEMENTATION WITH RESPECT TO DEMO- tion 203(c)(3) that a democratically elected other country that is such a beneficiary de- CRATICALLY ELECTED GOVERNMENT.—The government in Cuba is in power, on the veloping country or beneficiary country or is President shall, upon determining that a progress being made by Cuba toward the es- a party to the North American Free Trade democratically elected government in Cuba tablishment of such a democratically elected Agreement; and is in power, submit that determination to government. The action of the President (iii) negotiations regarding free trade, in- the appropriate congressional committees under subsection (a) shall cease to be effec- cluding the accession of Cuba to the North and shall, subject to an authorization of ap- tive upon the enactment of a joint resolution American Free Trade Agreement; propriations and subject to the availability described in paragraph (2). (C) specific trade negotiating objectives of of appropriations, commence the delivery (2) JOINT RESOLUTIONS.—For purposes of the United States with respect to Cuba, in- and distribution of assistance to such demo- this subsection, the term ‘‘joint resolution’’ cluding the objectives described in section cratically elected government under the plan means only a joint resolution of the 2 Houses 108(b)(5) of the North American Free Trade developed under section 202(b). of Congress, the matter after the resolving Agreement Implementation Act (19 U.S.C. (4) ANNUAL REPORTS TO CONGRESS.—Not 3317(b)(5)); and later than 60 days after the end of each fiscal clause of which is as follows: ‘‘That the Con- (D) actions proposed or anticipated to be year, the President shall transmit to the ap- gress disapproves the action of the President undertaken, and any proposed legislation propriate congressional committees a report under section 204(a) of the Cuban Liberty and necessary or appropriate, to achieve any of on the assistance provided under the plan de- Democratic Solidarity (LIBERTAD) Act of such policy and negotiating objectives. veloped under section 202(b), including a de- 1995 to suspend the economic embargo of (2) CONSULTATIONS.—The President shall scription of each type of assistance, the Cuba, notice of which was submitted to the consult with the appropriate congressional amounts expended for such assistance, and a Congress on ll.’’, with the blank space committees and shall seek advice from the description of the assistance to be provided being filled with the appropriate date. appropriate advisory committees established under the plan in the current fiscal year. (3) REFERRAL TO COMMITTEES.—Joint reso- under section 135 of the Trade Act of 1974 re- (d) REPROGRAMMING.—Any changes in the lutions introduced in the House of Rep- garding the policy and negotiating objec- assistance to be provided under the plan de- resentatives shall be referred to the Commit- tives and the legislative proposals described veloped under section 202(b) may not be tee on International Relations and joint res- in paragraph (1). made unless the President notifies the appro- olutions introduced in the Senate shall be re- SEC. 203. COORDINATION OF ASSISTANCE PRO- priate congressional committees at least 15 ferred to the Committee on Foreign Rela- GRAM; IMPLEMENTATION AND RE- days in advance in accordance with the pro- tions. PORTS TO CONGRESS; cedures applicable to reprogramming notifi- (4) PROCEDURES.—(A) Any joint resolution REPROGRAMMING. cations under section 634A of the Foreign As- shall be considered in the Senate in accord- (a) COORDINATING OFFICIAL.—The President sistance Act of 1961 (22 U.S.C. 2394–1). ance with the provisions of section 601(b) of shall designate a coordinating official who SEC. 204. TERMINATION OF THE ECONOMIC EM- the International Security Assistance and shall be responsible for— BARGO OF CUBA. Arms Export Control Act of 1976. (1) implementing the strategy for distrib- (a) PRESIDENTIAL ACTIONS.—Upon submit- (B) For the purpose of expediting the con- uting assistance described in section 202(b); ting a determination to the appropriate con- sideration and enactment of joint resolu- (2) ensuring the speedy and efficient dis- gressional committees under section 203(c)(1) tions, a motion to proceed to the consider- tribution of such assistance; and that a transition government in Cuba is in ation of any joint resolution after it has (3) ensuring coordination among, and ap- power, the President, after consulting with been reported by the appropriate committee propriate oversight by, the agencies of the the Congress, is authorized to take steps to shall be treated as highly privileged in the United States that provide assistance de- suspend the economic embargo of Cuba to House of Representatives. scribed in section 202(b), including resolving the extent that such action contributes to a (C) Not more than 1 joint resolution may any disputes among such agencies. stable foundation for a democratically elect- be considered in the House of Representa- (b) UNITED STATES-CUBA COUNCIL.—Upon ed government in Cuba. tives and the Senate in the 6-month period making a determination under subsection (b) SUSPENSION OF CERTAIN PROVISIONS OF beginning on the date on which the Presi- (c)(3) that a democratically elected govern- LAW.—In carrying out subsection (a), the dent notifies the Congress under paragraph ment in Cuba is in power, the President, President may suspend the enforcement of— (1) of the action taken under subsection (a), after consultation with the coordinating offi- (1) section 620(a) of the Foreign Assistance and in each 6-month period thereafter. cial, is authorized to designate a United Act of 1961 (22 U.S.C. 2370(a)); States-Cuba council— (2) section 620(f) of the Foreign Assistance SEC. 205. REQUIREMENTS FOR A TRANSITION (1) to ensure coordination between the Act of 1961 (22 U.S.C. 2370(f)) with regard to GOVERNMENT. United States Government and the private the ‘‘Republic of Cuba’’; For purposes of this Act, a transition gov- sector in responding to change in Cuba, and (3) sections 1704, 1705(d), and 1706 of the ernment in Cuba is a government in Cuba in promoting market-based development in Cuban Democracy Act (22 U.S.C. 6003, 6004(d), which— Cuba; and 6005); (1) is demonstrably in transition from com- (2) to establish periodic meetings between (4) section 902(c) of the Food Security Act munist totalitarian dictatorship to rep- representatives of the United States and of 1985; and resentative democracy; Cuban private sectors for the purpose of fa- (5) the prohibitions on transactions de- (2) has recognized the right to independent cilitating bilateral trade. scribed in part 515 of title 31, Code of Federal (c) IMPLEMENTATION OF PLAN; REPORTS TO political activity and association; Regulations. (3) has released all political prisoners and CONGRESS.— (c) ADDITIONAL PRESIDENTIAL ACTIONS.— allowed for investigations of Cuban prisons (1) IMPLEMENTATION WITH RESPECT TO TRAN- Upon submitting a determination to the ap- by appropriate international human rights SITION GOVERNMENT.—Upon making a deter- propriate congressional committees under organizations; mination that a transition government in section 203(c)(3) that a democratically elect- (4) has ceased any interference with Radio Cuba is in power, the President shall trans- ed government in Cuba is in power, the or Television Marti broadcasts; mit that determination to the appropriate President shall take steps to terminate the congressional committees and shall, subject economic embargo of Cuba. (5) makes public commitments to and is to an authorization of appropriations and (d) CONFORMING AMENDMENTS.—On the date making demonstrable progress in— subject to the availability of appropriations, on which the President submits a determina- (A) establishing an independent judiciary; commence the delivery and distribution of tion under section 203(c)(3)— (B) dissolving the present Department of assistance to such transition government (1) section 620(a) of the Foreign Assistance State Security in the Cuban Ministry of the under the plan developed under section Act of 1961 (22 U.S.C. 2370(a)) is repealed; Interior, including the Committees for the 202(b). (2) section 620(f) of the Foreign Assistance Defense of the Revolution and the Rapid Re- (2) REPORTS TO CONGRESS.—(A) The Presi- Act of 1961 (22 U.S.C. 2370(f)) is amended by sponse Brigades; dent shall transmit to the appropriate con- striking ‘‘Republic of Cuba’’; (C) respecting internationally recognized gressional committees a report setting forth (3) sections 1704, 1705(d), and 1706 of the human rights and basic freedoms as set forth the strategy for providing assistance de- Cuban Democracy Act of 1992 (22 U.S.C. 6003, in the Universal Declaration of Human scribed in section 202(b)(2) (A) and (C) to the 6004(d), and 6005) are repealed; and Rights, to which Cuba is a signatory nation; transition government in Cuba under the (4) section 902(c) of the Food Security Act (D) effectively guaranteeing the rights of plan of assistance developed under section of 1985 is repealed. free speech and freedom of the press; 202(b), the types of such assistance, and the (e) REVIEW OF SUSPENSION OF ECONOMIC EM- (E) organizing free and fair elections for a extent to which such assistance has been dis- BARGO.— new government— tributed in accordance with the plan. (1) REVIEW.—If the President takes action (i) to be held in a timely manner within a (B) The President shall transmit the report under subsection (a) to suspend the economic period not to exceed 1 year after the transi- not later than 90 days after making the de- embargo of Cuba, the President shall imme- tion government assumes power; H 9384 CONGRESSIONAL RECORD — HOUSE September 21, 1995

(ii) with the participation of multiple inde- (2) The illegal confiscation or taking of (3) INCREASED LIABILITY FOR PRIOR NO- pendent political parties that have full ac- property by governments, and the acquies- TICE.—Except as provided in paragraph (4), cess to the media on an equal basis, includ- cence of governments in the confiscation of any person, including any agency or instru- ing (in the case of radio, television, or other property by their citizens, undermines the mentality of a foreign state in the conduct of telecommunications media) in terms of al- comity among nations, the free flow of com- a commercial activity, that traffics in con- lotments of time for such access and the merce, and economic development. fiscated property after having received— times of day such allotments are given; and (3) It is in the interest of all nations to re- (A) notice of a claim to ownership of the (iii) to be conducted under the supervision spect equally the property rights of their property by a United States national who of internationally recognized observers, such citizens and nationals of other countries. owns a claim to the confiscated property, as the Organization of American States, the (4) Nations that provide an effective mech- and United Nations, and other elections mon- anism for prompt, adequate, and fair com- (B) notice of the provisions of this section, itors; pensation for the confiscation of private shall be liable to that United States national (F) assuring the right to private property; property will continue to have the support of for money damages in an amount which is (G) taking appropriate steps to return to the United States. the sum of the amount equal to the amount United States citizens (and entities which (5) The United States Government has an determined under paragraph (1)(A)(ii) plus are 50 percent or more beneficially owned by obligation to its citizens to provide protec- triple the amount determined applicable United States citizens) property taken by tion against illegal confiscation by foreign under subclause (I), (II), or (III) of paragraph the Cuban Government from such citizens nations and their citizens, including the pro- (1)(A)(i). and entities on or after January 1, 1959, or to vision of private remedies. (4) APPLICABILITY.—(A) Except as other- provide equitable compensation to such citi- (6) Nations that illegally confiscate private wise provided in this paragraph, actions may zens and entities for such property; property should not be immune to another be brought under paragraph (1) with respect (H) granting permits to privately owned nation’s laws whose purpose is to protect to property confiscated before, on, or after telecommunications and media companies to against the confiscation of lawfully acquired the date of the enactment of this Act. operate in Cuba; and property by its citizens. (B) In the case of property confiscated be- (I) allowing the establishment of independ- (7) Trafficking in illegally acquired prop- fore the date of the enactment of this Act, ent trade unions as set forth in conventions erty is a crime under the laws of the United no United States national may bring an ac- 87 and 98 of the International Labor Organi- States and other nations, yet this same ac- tion under this section unless such national zation, and allowing the establishment of tivity is allowed under international law. acquired ownership of the claim to the con- independent social, economic, and political (8) International law, by not providing ef- fiscated property before such date. associations; fective remedies, condones the illegal (C) In the case of property confiscated on (6) does not include Fidel Castro or Raul confiscation of property and allows for the or after the date of the enactment of this Castro; unjust enrichment from the use of con- Act, no United States national who acquired (7) has given adequate assurances that it fiscated property by governments and pri- ownership of a claim to confiscated property will allow the speedy and efficient distribu- vate entities at the expense of those who by assignment for value after such date of tion of assistance to the Cuban people; hold legal claim to the property. enactment may bring an action on the claim (9) The development of an international under this section. (8) permits the deployment throughout mechanism sanctioning those governments (5) TREATMENT OF CERTAIN ACTIONS.—(A) In Cuba of independent and unfettered inter- and private entities that confiscate and un- the case of any action brought under this national human rights monitors; and justly use private property so confiscated section by a United States national who was (9) has extradited or otherwise rendered to should be a priority objective of United eligible to file the underlying claim in the the United States all persons sought by the States foreign policy. action with the Foreign Claims Settlement United States Department of Justice for Commission under title V of the Inter- crimes committed in the United States. SEC. 302. LIABILITY FOR TRAFFICKING IN PROP- ERTY CONFISCATED FROM UNITED national Claims Settlement Act of 1949 but SEC. 206. REQUIREMENTS FOR A DEMOCRAT- STATES NATIONALS. did not so file the claim, the court may hear ICALLY ELECTED GOVERNMENT. (a) CIVIL REMEDY.— the case only if the court determines that For purposes of this Act, a democratically (1) LIABILITY FOR TRAFFICKING.—(A) Except the United States national had good cause elected government in Cuba, in addition to as provided in paragraphs (3) and (4), any for not filing the claim. continuing to comply with the requirements person, including any agency or instrumen- (B) In the case of any action brought under of section 205, is a government in Cuba tality of a foreign state in the conduct of a this section by a United States national which— commercial activity, that, after the end of whose claim in the action was timely filed (1) results from free and fair elections con- the 6-month period beginning on the date of with the Foreign Claims Settlement Com- ducted under the supervision of internation- the enactment of this Act, traffics in con- mission under title V of the International ally recognized observers; fiscated property shall be liable to any Unit- Claims Settlement Act of 1949 but was denied (2) has permitted opposition parties ample ed States national who owns the claim to by the Commission, the court may assess the time to organize and campaign for such elec- such property for money damages in an basis for the denial and may accept the find- tions, and has permitted full access to the amount equal to the sum of— ings of the Commission on the claim as con- media to all candidates in the elections; (i) the amount which is the greater of— clusive in the action under this section un- (3) is showing respect for the basic civil (I) the amount, if any, certified to the less good cause justifies another result. liberties and human rights of the citizens of claimant by the Foreign Claims Settlement (6) INAPPLICABILITY OF ACT OF STATE DOC- Cuba; Commission under the International Claims TRINE.—No court of the United States shall (4) has made demonstrable progress in es- Settlement Act of 1949, plus interest; decline, based upon the act of state doctrine, tablishing an independent judiciary; (II) the amount determined under section to make a determination on the merits in an (5) is substantially moving toward a mar- 303(a)(2), plus interest; or action brought under paragraph (1). ket-oriented economic system; (III) the fair market value of that prop- (b) DEFINITION.—As used in this subsection, (6) is committed to making constitutional erty, calculated as being the then current the term ‘‘agency or instrumentality of a changes that would ensure regular free and value of the property, or the value of the foreign state’’ has the meaning given that fair elections that meet the requirements of property when confiscated plus interest, term in section 1603(b) of title 28, United paragraph (2); and whichever is greater; and States Code. (7) has made demonstrable progress in re- (ii) reasonable costs and attorneys’ fees. (c) JURISDICTION.— turning to United States citizens (and enti- (B) Interest under subparagraph (A)(i) shall (1) IN GENERAL.—Chapter 85 of title 28, ties which are 50 percent or more bene- be at the rate set forth in section 1961 of title United States Code, is amended by inserting ficially owned by United States citizens) 28, United States Code, computed by the after section 1331 the following new section: property taken by the Cuban Government court from the date of the confiscation of the ‘‘§ 1331a. Civil actions involving confiscated from such citizens and entities on or after property involved to the date on which the property January 1, 1959, or providing full compensa- action is brought under this subsection. ‘‘The district courts shall have exclusive tion for such property in accordance with (2) PRESUMPTION IN FAVOR OF CERTIFIED jurisdiction of any action brought under sec- international law standards and practice. CLAIMS.—There shall be a presumption that tion 302 of the Cuban Liberty and Demo- TITLE III—PROTECTION OF PROPERTY the amount for which a person, including cratic Solidarity (LIBERTAD) Act of 1995, RIGHTS OF UNITED STATES NATIONALS any agency or instrumentality of a foreign regardless of the amount in controversy.’’. AGAINST CONFISCATORY TAKINGS BY state in the conduct of a commercial activ- (2) CONFORMING AMENDMENT.—The table of THE CASTRO REGIME ity, is liable under clause (i) of paragraph sections for chapter 85 of title 28, United SEC. 301. STATEMENT OF POLICY. (1)(A) is the amount that is certified under States Code, is amended by inserting after The Congress makes the following findings: subclause (I) of that clause. The presumption the item relating to section 1331 the follow- (1) The right of individuals to hold and shall be rebuttable by clear and convincing ing: enjoy property is a fundamental right recog- evidence that the amount described in ‘‘1331a. Civil actions involving confiscated nized by the United States Constitution and subclause (II) or (III) of that clause is the ap- property.’’. international human rights law, including propriate amount of liability under that (d) CERTAIN PROPERTY IMMUNE FROM EXE- the Universal Declaration of Human Rights. clause. CUTION.—Section 1611 of title 28, United September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9385

States Code, is amended by adding at the end SEC. 303. DETERMINATION OF CLAIMS TO CON- ‘‘EXCLUSIVITY OF FOREIGN CLAIMS SETTLEMENT the following: FISCATED PROPERTY. COMMISSION CERTIFICATION PROCEDURE ‘‘(c) Notwithstanding the provisions of sec- (a) EVIDENCE OF OWNERSHIP.— ‘‘SEC. 515. (a) Subject to subsection (b), nei- tion 1610 of this chapter, the property of a (1) CONCLUSIVENESS OF CERTIFIED CLAIMS.— ther any national of the United States who foreign state shall be immune from attach- In any action brought under this title, the was eligible to file a claim under section 503 ment and from execution in an action courts shall accept as conclusive proof of but did not timely file such claim under that brought under section 302 of the Cuban Lib- ownership a certification of a claim to own- section, nor any national of the United erty and Democratic Solidarity (LIBERTAD) ership that has been made by the Foreign States (on the date of the enactment of this Act of 1995 to the extent the property is a fa- Claims Settlement Commission pursuant to section) who was not eligible to file a claim cility or installation used by an accredited title V of the International Claims Settle- under that section, nor any national of Cuba, diplomatic mission for official purposes.’’. ment Act of 1949 (22 U.S.C. 1643 and follow- including any agency, instrumentality, sub- (e) ELECTION OF REMEDIES.— ing). division, or enterprise of the Government of (1) ELECTION.—Subject to paragraph (2)— (2) CLAIMS NOT CERTIFIED.—In the case of a Cuba or any local government of Cuba in (A) any United States national that brings claim that has not been certified by the For- place on the date of the enactment of this an action under this section may not bring eign Claims Settlement Commission before section, nor any successor thereto, whether any other civil action or proceeding under the enactment of this Act, a court may ap- or not recognized by the United States, shall the common law, Federal law, or the law of point a special master, including the Foreign have a claim to, participate in, or otherwise any of the several States, the District of Co- Claims Settlement Commission, to make de- have an interest in, the compensation pro- lumbia, or any territory or possession of the terminations regarding the amount and va- ceeds or other nonmonetary compensation United States, that seeks monetary or lidity of claims to ownership of confiscated paid or allocated to a national of the United nonmonetary compensation by reason of the property. Such determinations are only for States by virtue of a claim certified by the same subject matter; and evidentiary purposes in civil actions brought Commission under section 507, nor shall any (B) any person who brings, under the com- under this title and do not constitute certifi- court of the United States or any State court mon law or any provision of law other than cations pursuant to title V of the Inter- have jurisdiction to adjudicate any such this section, a civil action or proceeding for national Claims Settlement Act of 1949. claim. monetary or nonmonetary compensation (3) EFFECT OF DETERMINATIONS OF FOREIGN ‘‘(b) Nothing in subsection (a) shall be con- arising out of a claim for which an action ENTITIES.—In determining ownership, courts strued to detract from or otherwise affect would otherwise be cognizable under this shall not accept as conclusive evidence of any rights in the shares of the capital stock section may not bring an action under this ownership any findings, orders, judgments, of nationals of the United States owning section on that claim. or decrees from administrative agencies or claims certified by the Commission under (2) TREATMENT OF CERTIFIED CLAIMANTS.— courts of foreign countries or international section 507.’’. In the case of any United States national organizations that invalidate the claim held TITLE IV—EXCLUSION OF CERTAIN that brings an action under this section by a United States national, unless the in- ALIENS based on a claim certified under title V of validation was found pursuant to binding the International Claims Settlement Act of SEC. 401. EXCLUSION FROM THE UNITED STATES international arbitration to which United OF ALIENS WHO HAVE CON- 1949— States national submitted the claim. FISCATED PROPERTY OF UNITED (A) if the recovery in the action is equal to (b) AMENDMENT OF THE INTERNATIONAL STATES NATIONALS OR WHO TRAF- or greater than the amount of the certified CLAIMS SETTLEMENT ACT OF 1949.—Title V of FIC IN SUCH PROPERTY. claim, the United States national may not the International Claims Settlement Act of (a) GROUNDS FOR EXCLUSION.—The Sec- receive payment on the claim under any 1949 (22 U.S.C. 1643 and following) is amended retary of State, in consultation with the At- agreement entered into between the United by adding at the end the following new sec- torney General, shall exclude from the Unit- States and Cuba settling claims covered by tion: ed States any alien who the Secretary of such title, and such national shall be deemed State determines is a person who— to have discharged the United States from ‘‘EVALUATION OF OWNERSHIP CLAIMS REFERRED (1) has confiscated, or has directed or over- any further responsibility to represent the BY DISTRICT COURTS OF THE UNITED STATES seen the confiscation of, property a claim to United States national with respect to that ‘‘SEC. 514. Notwithstanding any other pro- which is owned by a United States national, claim; vision of this title and only for purposes of or converts or has converted for personal (B) if the recovery in the action is less section 302 of the Cuban Liberty and Solidar- gain confiscated property, a claim to which than the amount of the certified claim, the ity (LIBERTAD) Act, a United States dis- is owned by a United States national; United States national may receive payment trict court, for fact-finding purposes, may (2) traffics in confiscated property, a claim under a claims agreement described in sub- refer to the Commission, and the Commis- to which is owned by a United States na- paragraph (A) but only to the extent of the sion may determine, questions of the amount tional; difference between the amount of the recov- and ownership of a claim by a United States (3) is a corporate officer, principal, or ery and the amount of the certified claim; national (as defined in section 4 of the Cuban shareholder with a controlling interest of an and Liberty and Solidarity (LIBERTAD) Act) re- entity which has been involved in the (C) if there is no recovery in the action, sulting from the confiscation of property by confiscation of property or trafficking in the United States national may receive pay- the Government of Cuba described in section confiscated property, a claim to which is ment on the certified claim under a claims 503(a), whether or not the United States na- owned by a United States national; or agreement described in subparagraph (A) to tional qualified as a national of the United (4) is a spouse, minor child, or agent of a the same extent as any certified claimant States (as defined in section 502(1)) at the person excludable under paragraph (1), (2), or who does not bring an action under this sec- time of the action by the Government of (3). tion. Cuba.’’. (b) DEFINITIONS.—As used in this section, (f) DEPOSIT OF EXCESS PAYMENTS BY CUBA (c) RULE OF CONSTRUCTION.—Nothing in the following terms have the following UNDER CLAIMS AGREEMENT.—Any amounts this Act or section 514 of the International meanings: paid by Cuba under any agreement entered Claims Settlement Act of 1949, as added by (1) CONFISCATED; CONFISCATION.—The terms into between the United States and Cuba set- subsection (b), shall be construed— ‘‘confiscated’’ and ‘‘confiscation’’ refer to— tling certified claims under title V of the (1) to require or otherwise authorize the (A) the nationalization, expropriation, or International Claims Settlement Act of 1949 claims of Cuban nationals who became Unit- other seizure by foreign governmental au- that are in excess of the payments made on ed States citizens after their property was thority of ownership or control of property such certified claims after the application of confiscated to be included in the claims cer- on or after January 1, 1959— subsection (e) shall be deposited into the tified to the Secretary of State by the For- (i) without the property having been re- United States Treasury. eign Claims Settlement Commission for pur- turned or adequate and effective compensa- (g) TERMINATION OF RIGHTS.— poses of future negotiation and espousal of tion provided; or (1) IN GENERAL.—All rights created under claims with a friendly government in Cuba (ii) without the claim to the property hav- this section to bring an action for money when diplomatic relations are restored; or ing been settled pursuant to an international damages with respect to property con- (2) as superseding, amending, or otherwise claims settlement agreement or other mutu- fiscated before the date of the enactment of altering certifications that have been made ally accepted settlement procedure; and this Act shall cease upon the transmittal to pursuant to title V of the International (B) the repudiation by foreign govern- the Congress of a determination of the Presi- Claims Settlement Act of 1949 before the en- mental authority of, the default by foreign dent under section 203(c)(3). actment of this Act. governmental authority on, or the failure by (2) PENDING SUITS.—The termination of SEC. 304. EXCLUSIVITY OF FOREIGN CLAIMS SET- foreign governmental authority to pay, on or rights under paragraph (1) shall not affect TLEMENT COMMISSION CERTIFI- after January 1, 1959— suits commenced before the date of such ter- CATION PROCEDURE. (i) a debt of any enterprise which has been mination, and in all such suits, proceedings Title V of the International Claims Settle- nationalized, expropriated, or otherwise shall be had, appeals taken, and judgments ment Act of 1949 (22 U.S.C. 1643 and follow- taken by foreign governmental authority; rendered in the same manner and with the ing), as amended by section 303, is further (ii) a debt which is a charge on property same effect as if this subsection had not been amended by adding at the end the following nationalized, expropriated, or otherwise enacted. new section: taken by foreign governmental authority; or H 9386 CONGRESSIONAL RECORD — HOUSE September 21, 1995 (iii) a debt which was incurred by foreign struments, medical literature, and able through what is essentially a gov- governmental authority in satisfaction or foodstuffs to Cuba. ernment health care system. settlement of a confiscated property claim. Now presently the embargo allows By refusing to accept this amend- (2) PROPERTY.—The term ‘‘property’’ does the donation of those kinds of things to ment, we, as Members of the United not include claims arising from a territory in dispute as a result of war between United Cuba. It puts no prohibition against States Congress, are saying to Cuban Nations member states in which the ulti- that. But the fact is that we cannot families, we, this bastion of democracy mate resolution of the disputed territory has through the charity system deal with and humanitarianism, are going to not been resolved. the medical needs of Cuba. withhold from people the ability to (3) TRAFFICS.—(A) A person or entity ‘‘traf- Mr. Chairman, I have been in Cuba, I take care of their children and mem- fics’’ in property if that person or entity have visited clinics, I have visited hos- bers of their family. There is no argu- knowingly and intentionally— pitals, I have been to the medical ment that I can see that would make (i) sells, transfers, distributes, dispenses, schools, and it is clear to me that the possible that kind of a statement by brokers, manages, or otherwise disposes of Cuban people are suffering tremen- confiscated property, or purchases, leases, the U.S. Congress. receives, possesses, obtains control of, man- dously because of the shortage of mod- It is for that reason, Mr. Chairman, ages, uses, or otherwise acquires or holds an ern-day medical supplies, and instru- that I offer this. I oppose a lot of the interest in confiscated property, mentation, and pharmaceuticals. other parts of the bill, but I did not (ii) engages in a commercial activity using Now it is inconceivable to me that a touch those. I simply touched the thing or otherwise benefiting from confiscated country 90 miles from our shores, when that I think is the hardest and abso- property, or we, the United States, have in many lutely indefensible, in my opinion. (iii) causes, directs, participates in, or places in the world insisted on inter- As a physician, and if others have profits from, trafficking (as described in national humanitarian standards being ever taken care of a kid and looked clauses (i) and (ii)) by another person, or oth- erwise engages in trafficking (as described in applied, would withhold from the into the eyes of parents and recognized clauses (i) and (ii)) through another person, Cuban people those things which are that we have the capacity to help them without the authorization of the United available to people in the United with their kid, and have been able to States national who holds a claim to the States. do it in this country, one can imagine property. Mr. Chairman, I could give my col- what it is like in a country where we (B) The term ‘‘traffics’’ does not include– leagues many examples, but let us just know that there is the medication (i) the delivery of international tele- take the issue of asthma. Asthma is a available, but it is simply, because of communication signals to Cuba that are au- disease that makes it difficult for peo- the U.S. embargo, it is not available in thorized by section 1705(e) of the Cuban De- ple to breathe. There is one of the high- another’s country, and that child is mocracy Act of 1992 (22 U.S.C. 6004(e)); or est rates of asthma in Cuba, and they going to either suffer or die. That is (ii) the trading or holding of securities publicly traded or held, unless the trading is are short of the kind of medication you simply not what I think as an Amer- with or by a person determined by the Sec- need to make it possible to open up ican we want our policy toward Cuba retary of the Treasury to be a specially des- people’s breathing passages so they can to be. ignated national. breathe. We want democracy. There is nobody (c) NATIONAL INTEREST EXEMPTION.—This Now anybody who ever had asthma on this floor who is supporting Mr. Cas- section shall not apply where the Secretary understands how awful that is, espe- tro. None of us think that is a good of State finds, on a case-by-case basis, that cially for children. The feeling in one’s idea. Anybody who tries to paint that making a determination under subsection (a) chest that they cannot breathe is as the attack on us is simply misrepre- would be contrary to the national interest of something that any parent, looking at senting the facts. the United States. his own child, would never want his But in our process of pushing to (d) EFFECTIVE DATE.— (1) IN GENERAL.—This section applies to child to have, and yet we, by our Gov- change the situation in Cuba, we can- aliens seeking to enter the United States on ernment policy, say that our pharma- not use medicine and food staples as a or after the date of the enactment of this ceutical companies cannot sell the way of doing that. Act. medication to the Cubans that is nec- Mr. Chairman, the fact they cannot (2) TRAFFICKING.—This section applies only essary so that parents can give to their get modern textbooks, modern medical with respect to acts within the meaning of children medication to relieve that textbooks, why should they have to be ‘‘traffics’’ that occur on or after the date of dreadful disease. That is absolutely dealing with a textbook from 1949 sim- the enactment of this Act. against anything that we as Americans ply because we place an embargo on The CHAIRMAN. Pursuant to the hold ourselves out to the world as be- them? I think this is a good amend- rule, the gentleman from Washington lieving, and I do not think that that is ment and urge the adoption of it. [Mr. MCDERMOTT] and a Member op- the public policy that the U.S. Con- Mr. Chairman, I reserve the balance posed each will be recognized for 30 gress wants us to be espousing. of my time. minutes. Mr. BURTON of Indiana. Mr. Chair- b Is the gentleman from Indiana [Mr. 1030 man, I yield myself such time as I may BURTON] opposed to the amendment? A patient came to me or a Cuban consume. Mr. BURTON of Indiana. Mr. Chair- family came to me and told me about a Mr. Chairman, this, I believe, is a red man, I am. cousin who was in Cuba who has leuke- herring. The fact of the matter is, the The CHAIRMAN. The gentleman mia. There is a treatment at the United States of America is the largest from Indiana [Mr. BURTON] will be rec- Hutchinson Cancer Center in Seattle giver of humanitarian aid to Cuba in ognized for 30 minutes, and the gen- where people can have that leukemia the world today. The people who are tleman from Washington [Mr. treated, and the success rate is about suffering down there get a great deal of MCDERMOTT] will be recognized for 30 90 percent. That medication is not help from the United States, both in minutes. readily available in Cuba, and their medical supplies and in food. The ques- The Chair recognize the gentleman family member did not have access to tion then comes, why are we going to from Washington [Mr. MCDERMOTT]. that. give Castro the right to buy these prod- Mr. McDERMOTT. Mr. Chairman, I Now, there is no reason why that ucts? yield myself such time as I may should not be available. Mr. Chairman, My learned opponents says we are de- consume. my distinguished opponents will say nying people with asthma the ability Mr. Chairman, this proposal which is the medication can be donated to some to be treated; children who have other before us to deal with Cuba is pri- hospital, some church hospital or maladies are not being able to be treat- marily a bill dealing with property something. I do not know, but that ed. rights. It is in my opinion not a good simply does not apply to the whole Mr. Chairman, that is absolutely not bill, but this particular amendment, medical system in Cuba. We cannot, true. Castro can buy these medical sup- this substitute, deals with only one through donations, expect that the Sis- plies if he wants to from anyplace in provision of that proposal which is be- ters of Charity or whatever are going the world. We are not trying to keep fore us, and that is to open up the pos- to deliver these kind of very special- kids from being treated or families sibility of sale of medical supplies, in- ized treatments if they are not avail- from being treated. September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9387 As a matter of fact, as I said, we are embargo on food and medicine—which Mr. SKAGGS. I thank my colleague the biggest giver of humanitarian and there is no embargo on—he can get it for yielding me the time. medical supplies in the world from a from any other country. Is the United Mr. Chairman, food and medical ex- humanitarian standpoint. We do not States the only maker of aspirin in the ports to Cuba, as would be authorized sell them to them, we give them to world? I think not. under the amendment offered by my them. If somebody in Cuba wants to What does Castro do? He takes the colleague, the gentleman from Wash- contact a relative in the United States food and medicine and he sells it to the ington [Mr. MCDERMOTT], represent a and say, send us some asthma medi- tourists. He sells it to the Communist modest improvement in this bill, and I cine, they can do it and they do it. Party officials. If the people cannot get support it. It is a step, a small step in This is a red herring. I cannot under- aspirin, if the people cannot get asth- the right direction, whereas this bill stand why they are trying to add this ma medicine, it is not because it is not fundamentally is headed in the wrong to the bill. We are trying to put the there in Cuba, it is because Castro direction. squeeze on Fidel Castro by denying him takes it and sells it to the tourists. The What is the right direction? Again, hard currency so that the people of best hospital facilities in the Caribbean we are all interested in a Cuba that has Cuba will have freedom, democracy, are in Cuba for the tourists and for the an open economic system and a Demo- and human rights, which have been de- Communist Party officials. But for the cratic political system. How do we get nied them for about 35 years. starving, needy people of Cuba, Castro there? Well, it is ironic to me that ex- Mr. Chairman, this amendment is not decides—even if they want these sup- actly the arguments just expressed by necessary. The United States is doing plies—he will not give it to them. It is the gentlewoman from Florida [Ms. everything we can to help the people of his way of making sure that they know ROS-LEHTINEN] were offered up in this Cuba. If medical supplies are needed, that he is their supreme ruler. body quite recently during the debate there are hundreds of countries from It is clear, Mr. Chairman, the goals of on what should be our policy with re- which Castro can buy these supplies. this bill. And once again let us restate spect also to a repressive regime that What it would do is get the camel’s them. The goals of the bill are simple. mistreats its people, that does not have nose under the tent as far as breaking No. 1, let us try to have an end to the the kind of open economic and political the embargo that we have on Cuba, and Castro regime. No. 2, let us plan for a system that we want for Cuba, namely that is what I think my learned col- democratic transition for Cuba. And the government in China. league is trying to do. No. 3, let us protect property of United There, Mr. Chairman, we realize that Mr. Chairman, I yield 4 minutes to States citizens in Cuba. Let us bring an exactly the kind of approach that the the gentlewoman from Florida [Ms. end to this Castro regime and let us gentleman is suggesting in this amend- ROS-LEHTINEN]. make sure that we understand the Ms. ROS-LEHTINEN. Mr. Chairman, ment is in the United States’ interest, human rights situation in Cuba. I thank the gentleman for yielding and that is not a policy of isolation, of We have said it over and over again. time to me. Certainly the bill before mindlessly trying to pretend that by Organizations like Human Rights us, H.R. 927, represents a new battle- raising up all possible impediments we Watch Americas, Amnesty Inter- front in our commitment for freedom are going to bring about the desired re- national, Inter-American Commission for the Cuban people. Yesterday I sult in Cuba. Rather, it is a policy that on Human Rights, what do they say? showed the House—and many of our reflects our thoughtful analysis of how The Cuban Government continues to colleagues did as well—a letter signed we get what we want with respect to violate the rights of freedom of expres- by dozens of Cuban dissidents on the is- regimes like this everywhere else in sion, freedom of association, freedom land, who, at great personal risk to the world except for Cuba, and that is against arbitrary detention, security of their safety, sent this letter to Senator a challenge directly on an economic the person, among others. Hundreds of playing field, a challenge directly, po- HELMS. Let us not let down those dis- sidents and the other millions of Cu- political prisoners remain incarcerated litically, culturally and, in the case of bans who daily fight against the dicta- under difficult conditions charged with the amendment offered by the gen- torship. political offenses that include handing tleman from Washington [Mr. Mr. Chairman, as all of us know, Cas- out flyers, expressing their opinions, MCDERMOTT], in terms of humanitarian tro’s repression does not go down at calling out for freedom in their island. assistance. all. It does not diminish in any way. That is a crime against the repressive The McDermott amendment is par- His power mongering continually in- police state. ticularly addressing this last point. It creases. Firm and swift policies are Castro wants and again rejects any is too bad it does not go beyond just needed to eliminate this dictator, and kind of democratic approaches that the question of food and medicines to this bill, H.R. 927, contains those swift these helpful ideologues want to give deal with the other many, many policies. them. He has rejected them from Mex- failings in the policy enacted into law This substitute appears to be human- ico, he has rejected them from Spain, previously through the Cuban Democ- itarian in nature but it could very well he will reject them time and time racy Act and now being proposed to be constitute an economic windfall for again. Let us not get confused. Once further taken in the wrong direction by Fidel Castro. As the chairman of the again, well-meaning substitute, it is the legislation before the House. Subcommittee on the Western Hemi- not based on facts. There is no prohibi- For example, Mr. Chairman, this bill sphere, the gentleman from Indiana tion about food and medicine. Castro not only continues but accelerates the [Mr. BURTON] has pointed out, food and has to lift the embargo that he has on idiocy inherent in the TV Marti pro- medicine are allowed to go to Cuba the Cuban people for food, medicine, gram. It is saying not only have we now, from the United States to Cuba. and expression of ideas. That is the em- wasted $90 million of taxpayers’ money No prohibition. There is no prohibition. bargo that we must lift. that have accomplished zip, zilch, If you want to send an aspirin from Mr. McDERMOTT. Mr. Chairman, I nada, in getting a United States’ point Washington to Havana, go ahead. yield myself such time as I may of view received on Cuban TV sets, but There is no embargo on aspirin. Asth- consume. I think it is important to we are going to go even farther faster ma medicine. Whatever you want. Food clarify what has just been said. There in wasting taxpayers’ money now by and medicine is not prohibited. There is no embargo on people giving. There saying that USIA has to proceed again is no embargo. is an embargo on any sale of staple with the mindless, ideologically-driven I have said it five times, we will con- foods or medicines or medical equip- program of converting to UHF, even tinue to say it for the entire hour. ment in Cuba. No one should come though two-thirds of the TVs in Cuba There is no prohibition on food and away from listening to that last speech do not get UHF reception and even medicine going from the United States and believe that we can get adequate though UHF signals by technical anal- to Cuba. Also, Castro can get anything amounts of these materials into Cuba. ysis will be more easily jammed than he wants, as Mr. BURTON pointed out, Mr. Chairman, I yield 4 minutes to the current failed VHF program. from every other country in the world the gentleman from Colorado [Mr. Again, Mr. Chairman, the gentle- anyway. Even if we were to have an SKAGGS]. man’s amendment, as far as it goes, H 9388 CONGRESSIONAL RECORD — HOUSE September 21, 1995 makes great sense. I hope my col- ‘‘Strike all after the enacting clause of the Cuban worker. That is what you leagues will support it. And I would and insert’’ their food and medicine are doing. That is what you are doing. also be interested, if the sponsor of this provision, so-called food and medicine So do not come here and say that you amendment can explain to me, why it provision. In other words, no more re- are for freedom, when you are not ask- is we are in this corner, why with re- quests for elections, no more demand ing for elections. Do not come here and gard to Cuba, unlike all other areas in for freedom, no more trying to get at say that you are for elections, when the world in which we are confronting Castro’s lifeline or foreign investment. you go down to Cuba, and I have not Communist regimes and trying, No, no. seen any statement that you make through a whole range of strategies to I am sure that when the gentleman there in demanding elections. get them to change, why the approach from Washington [Mr. MCDERMOTT] So let us be honest. If you want to to Cuba is different than anyplace else goes down to Cuba, I bet he does not defend the regime, say so. Then I will in the world. Does the gentleman un- ask for elections there either. He is have more respect for you. derstand why we are doing it this way? certainly not asking for elections in Mr. MCDERMOTT. Mr. Chairman, I yield myself such time as I may b this substitute amendment. 1045 I really think after 37 years, and I consume to respond to that. Mr. MCDERMOTT. Mr. Chairman, I say this to our colleagues on the other Mr. Chairman, my distinguished col- yield myself 30 seconds. side of the aisle, when are you going to league from Florida apparently did not Mr. Chairman, there is no expla- demand elections for the Cuban people? read the bill. This is exactly his bill, nation that makes any sense to me. We When? You demanded elections in with one phrase, that is allowing the have adopted the policy in every other South Africa. I joined you. And when sale of medication and staple foods. Ev- country that increased trade and in- the President of my party, at that time erything else in the gentleman’s bill is volvement would ultimately bring President Reagan, was unclear or in- in this. about change in the government. We correct with regard to the need to All that demagoguery was directed at just opened our trade relationship with come down hard on the South African some figment of his imagination. The the Republic of Vietnam, a government regime, I criticized that. gentleman simply did not pay atten- that we still disagree with, that we When are you going to ask for elec- tion to what is in this bill. It is your consider oppressive. In fact, we are tions in Cuba? In your substitute bill, with one addition. It simply is the opening trade, we are involved in a va- amendment, which is here, you delete addition of medication and staple riety of things. We are already, as the everything in the bill that stands for foods. We have embargoes against gentleman mentioned, in China doing freedom in Cuba. So you come before every other country, such as Iraq, but that. us, speaker after speaker after speaker, we allow food and we allow medication, It makes no sense, particularly in saying ‘‘Oh, we support elections.’’ and your bill is untouched. this area, where you are not punishing When have you made a statement, Mr. Chairman, I yield 3 minutes to Mr. Castro, you are not punishing any- Mr. MCDERMOTT? Show me when you the gentleman from Virginia [Mr. body in the top of the organization. have gone to Cuba to demand of the re- MORAN]. You are punishing the people. That gime there that you go and visit and Mr. MORAN. Mr. Chairman, I thank does not work and is wrong. have elections? the gentleman for yielding me this Mr. BURTON of Indiana. Mr. Chair- I will tell you this, sir: I think that time. man, I yield myself 1 minute. it is most unfortunate that, after 37 Mr. Chairman, I rise in support of Mr. Chairman, I do not believe my years, you still come down here and in this amendment to H.R. 927. I think it learned colleagues have read current effect pay lip service to your supposed is important to bear in mind that we law. The current law says in section support for freedom for our closest have the toughest sanction ever on 1705, ‘‘Support for the Cuban people,’’ neighbors, and yet come here and Iraq, which I think we would all sup- under section B, ‘‘Donations of food,’’ throw red herrings into this legisla- port, but the United States and the ‘‘Nothing in this or any other act shall tion. United Nations support full and open prohibit donations of food to non- A point was made by the distin- commerce in food and medicine with governmental organizations or individ- guished gentleman from Colorado Iraq. So this is not a radical suggestion uals in Cuba.’’ about the fact that other embargoes do that we have full and open commerce Under section C, ‘‘Exports of medi- not include food sales. The embargo, in food and medicine. cines and medical supplies,’’ it says, for example, on Iraq, or Serbia- But the problem with this bill that ‘‘Exports of medicines or medical sup- Montenegro, those are international this amendment attempts to correct is plies instruments or equipment to embargoes. that the bill is far too inflexible and Cuba shall not be restricted.’’ Shall not If the gentleman from Washington really unworkable. It is unlikely to be restricted. It goes on to say under [Mr. MCDERMOTT] or the gentleman lead to democratization or to political subsection 1, ‘‘On-site verifications’’: from Colorado [Mr. SKAGGS] joined us or social reforms, and as was said in ‘‘Subject to subparagraph B an export in going down to the White House and lengthy debate on this bill last night, may be made under subsection C only asking that the leadership of this Na- it will create serious legal problems. It when the President determines that tion be utilized to seek an inter- could potentially tie up our courts in United States Government is able to national embargo against the Castro land settlements, land claims for prop- verify by on-site inspections and other regime, we will be the first ones in an erty outside the United States. That appropriate means that the exported international embargo to obviously ex- sets a very dangerous precedent in item is to be used for the purposes for clude the food issue, like in the embar- terms of other immigrant communities which it was intended and only for the goes against Serbia or Iraq. who may want to seize that precedent use and benefit of the Cuban people.’’ You not only are not seeking an as well. I do not think we have the ca- The reason that language was put in international embargo against a 37- pacity within our judicial system to there was to make sure that Castro did year-old dictatorship of Castro. No. settle these legal problems, and this is not take these supplies and use them You are coming here and gutting a bill not where they should be settled, in for some other purpose, other than to which is trying to prevent the flow of the United States. help the Cuban people. But they can dollars to a regime that, after the loss It will create substantial business get medical supplies today under cur- of the Soviet subsidy, is hanging on by problems. It completely undermines rent law. the sale of a slave economy, a slave NAFTA, which we just passed. It is Mr. Chairman, I yield 4 minutes to economy, and the denial of all labor going to make it extremely difficult the gentleman from Florida [Mr. DIAZ- rights and all workers’ rights. And you for our corporations, who would in fact BALART]. in effect are trying to gut our attempt hold the key to a free enterprise sys- Mr. DIAZ-BALART. Mr. Chairman, to stop the flow of dollars to Castro’s tem being established in Cuba from first of all, it is important to point out repressive machinery by his continued being able to trade with Cuba, and it what this amendment is striking. Let offer to international capitalism of the creates unbelievable foreign policy us start off by reading what it says. slave economy and the slave conditions problems. Just at the time when the September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9389 United States President should be able ered on the streets of Havana. The Democratic and Republican Presidents, to exercise his or her ability in the fu- pressure internally is enormous, and and this institution. ture, and I suspect we are talking now there are those in this country, This is not about an amendment to about the near-term future, to help after only 36 months, who would step this bill. This is about a repeal of the Cuba achieve a transitional democratic back. Eyeball to eyeball. There are embargo. government, even if such a democratic some who would counsel to blink. Please, stand with us on a bipartisan government is not actually in place at The amendment before this body of- basis and reject this amendment and the time, we can precipitate that oc- fered by some Members of this institu- then return to support the legislation curring. But now, with this bill, if this tion who I respect more than any oth- offered by the gentleman from Indiana bill were to pass, the President’s hands ers is not a narrow change in the legis- [Mr. BURTON]. will be completely tied behind his lation of the gentleman from Indiana Mr. MCDERMOTT. Mr. Chairman, I back. So it does not advance the inter- [Mr. BURTON]. It is not an incremental yield myself 1 minute to say if I were ests of the United States. difference. Let us recognize it for what a Member setting in my office watch- This amendment will see to it that it is: It is an end of the American em- ing this on television or sitting here on the United States would be able to act, bargo against Fidel Castro, it is a re- the floor watching this, I would be con- instead of sitting on the sidelines, peal of current bipartisan policy sup- fused because the gentleman from Indi- when change, inevitable change, does ported by 300 Members of this institu- ana [Mr. BURTON] said there is no need come to Cuba. tion, and it is an acceptance of the sta- for this amendment; it is already law; This bill is based upon a policy that tus quo in Cuba. Period. they can do anything they want. And dates back to when Cuba was clearly a Fidel Castro is not attempting to im- the gentleman from New Jersey [Mr. Soviet surrogate. They were challeng- port American automobiles or comput- TORRICELLI] stands up and says that, in ing our interests for Africa to Central ers. These are the items, the commod- fact, this is repealing the entire embar- America. But that time has passed. ities, that he wants. This is it. This is go. Now, which is it? Russia is not playing that role, wheth- the end of the embargo, just when we Either we do not need the amend- er Castro would like Russia to or not. built a bipartisan, strong, and effective ment because they can already do it, or So it is time for a comprehensive re- policy. this is a disastrous amendment which view of United States policy toward Mr. Speaker, in substance the amend- is destroying the whole policy. Some- Cuba. ment before this body is the judgment body is wrong on the other side. So this debate is constructive, but a on American policy. I know good and The fact is that the gentleman from transition from dictatorship to democ- decent Members of this institution do Indiana [Mr. BURTON] is incorrect, or racy is not going to occur overnight. not want to be a part of poor and suf- he is correct in one part. It is possible We know that from history. We ought fering people of Cuba suffering any for medication and staple foods to go to learn from history and try to do more than is necessary. That is why in to Cuba. The difference is this: If we what we can to ensure that it be a the Cuban Democracy Act we exempted want to sell food to Spain, you do not peaceful transition to democracy, that out food and medicine. For 33 years be- have to get a special license. If you it not be a violent revolution. We owe fore that, food and medicine could not want to sell food to Zaire, you do not that to the Cuban people. be donated to Cuba. We changed that, have to get a special license. If you Fidel Castro is in his 35th year of ab- and today, per capita, more food and want to sell food anywhere else in the solute power, longest in Latin America medicine goes from the United States world except Cuba, you have to get a history. It is not going to continue. to Cuba per capita than to any other special license, and the policy of the What we need to do is to do the same nation in the world to ensure that the Government is not to grant the li- thing we did with Eastern Europe, con- poorest of the poor have access to food censes. solidate change in democracy by pro- and medicine. Mr. BURTON of Indiana. Mr. Chair- moting free enterprise through a demo- b man, I yield myself 2 minutes. cratic system, not in this way, but by 1100 If you read the law, it is very clear. enabling the President to act flexibly, That is not what this amendment is It says that the President of the United constructively, with the best interests about. We already did that. This States determined that the United of the Cuban people in mind. amendment is to allow Cuba to rejoin States Government is able to verify it Mr. BURTON of Indiana. Mr. Chair- the family of nations in a trading rela- is being used for the benefit of the man, I yield myself 30 seconds. tionship with the United States for full Cuban people. If President Clinton Mr. Chairman, let me just restate, if access. wants it to go there, he can verify that you read current law, medical supplies What does it do? It allows Fidel Cas- it is going to be used for the Cuban can be sold to Cuba. There is no prohi- tro to escape the reality that com- people, then it can go. bition. I want to repeat, there is no munism failed in Cuba, cooperative Let me read you something from a prohibition. If they want to buy medi- farming, the broad state enterprises. A businessman who had had a business, a cal supplies to help the people of Cuba, country that was once self-sufficient in Spanish businessman who had a busi- they can do it. So this is just a red her- food and exported food, now needs to ness down there that was taken away ring. import everything. from him by Castro. I want you to lis- Mr. Chairman, I yield 4 minutes to We would allow him to escape the re- ten to this. One year ago, one year ago, my distinguished colleague, the gen- ality that communism is in collapse. it says: tleman from New Jersey [Mr. The choice needs to remain clear. We This same phenomenon also occurs in gen- TORRICELLI]. will donate what is necessary through eral with all foreigners in Cuba because of Mr. TORRICELLI. Mr. Chairman, for private charities to ensure that the the mere fact they have dollars, hard cur- 3 years the United States and Fidel poorest of the poor are protected. But rency, they have access to everything the Castro have been eyeball to eyeball. An Fidel Castro cannot be allowed to re- Cuban people cannot purchase with their unshakeable American determination join the family of trading relationships work: food, clinics with medicines, good for free elections in Cuba and a new re- with the United States without having clothes, gasoline or electricity and hotels. In spect for human rights. Fidel Castro’s Cuba there are two types of citizens: those free elections and respecting human who have dollars, as I did, mostly foreigners, commitment to hold back the forces of rights, eyeball to eyeball. and all with the privileges that that entails history and preserve the last Com- Every Member of this institution and those who have Cuban pesos who are lit- munist bastion. One side or the other is must decide whether they are going to erally dying of hunger and illness because of going to win. be part of bringing that change or al- a regime that refuses to change a system I know Americans are not a patient lowing Fidel Castro to maintain his that is absolutely incapable of generating a people, but 3 years is not a long time, Communist system. dignified way of life for the country. and we are succeeding. Castro has You have all made that decision be- The fact of the matter is Castro made some beginnings of economic fore, 300 of you. Your consistent vote is takes hard dollars, the money has to go changes. The island is in economic col- to stand both with the administration, to the government for somebody’s pay- lapse. Last year 40,000 students gath- which has supported the embargo, roll, and he gives them then the same H 9390 CONGRESSIONAL RECORD — HOUSE September 21, 1995 amount of pesos. If they get $400 a that our policies in Cuba, toward Cuba, United States and what is best for the month, he gets the $400 in hard cur- must turn away from hurting the Cas- Cuban people come together here. rency, he gives them 400 pesos, which is tro government to helping its people, A policy of isolating Cuba over 36 80-to-1 differential, which means they and that is exactly right, and that is years has not worked. Let us break the are getting $3.20 a month, and they what this amendment tries to do. impasse that exists between these two cannot even buy things you are talking Let me take just a moment to try to nations, open up contracts with them, about. The fact of the matter is the put this whole bill in a little broader and choose to engage the Cuban people Cuban people are suffering because of perspective. What we will be voting on in order to increase the chances for a this Communist dictator and his poli- on the final passage of this bill is two peacetime transition to a democracy cies. very different approaches to how you and a market economy. It is a command economy that must deal with the problem of Cuba. On the I urge my colleagues to support the be changed, and the only way it is one hand is the philosophy of this bill, McDermott amendment, which begins going to change is if we pass our bill in H.R. 927. It is that if you make these this process in a very, very modest its original form. conditions in Cuba significantly worse, way, and I urge my colleagues to defeat Mr. MCDERMOTT. Mr. Chairman, I you will prompt the Cuban people to H.R. 927. yield myself 1 minute to respond to rise up against their government. The Mr. BURTON of Indiana. Mr. Chair- that. other approach, the one I support and I man, I yield myself 30 seconds. I say to the gentleman from Indiana think many in this institution do, per- My colleagues from Indiana says we are hurting the Cuban people. Do you [Mr. BURTON], you just made my case. haps not a majority, is the competing You require a special license under the view that governments can be toppled know how much they make, I ask the gentleman from Indiana [Mr. HAMIL- law to sell medication. There is no way peacefully by exposure to the free flow TON] every day? The average Cuban we can sell food to Cuba. There is no of ideas and benefits of the free mar- makes between 10 and 15 cents a day, 10 special license. There is no way. ket. Everybody in this Chamber agrees and 15 cents a day. How are you going What this bill is saying is we intend, that Castro must go. But we must get to hurt them worse than Castro has? if possible, to starve the Cuban people away from this focus on Castro, and we You cannot, and the only thing that is into submission, and that kind of pol- must focus on the Cuban people and going to change is if we force this man icy from the Federal Government is what is good for them. why the U.N. General Assembly has A policy of engagement, of contact, from power, and if we deny him hard voted 3 years in a row against our posi- of dialogue, of exchange offers the best currency, we can get that job done and tion. hope for what we all want, which is a save the Cuban people. Ten cents to fif- Mr. Chairman, I yield such time as he peaceful transition for the dictatorship teen cents a day. Mr. Chairman, I yield 1 minutes to may consume to the gentleman from of Castro to a free market and an open the gentlewoman from Florida [Ms. Indiana [Mr. HAMILTON]. society. We support free elections in Mr. HAMILTON. Mr. Chairman, I ROS-LEHTINEN]. Cuba. I strongly support that, and I Ms. ROS-LEHTINEN. Mr. Chairman, thank the gentleman for yielding me think we ought to do everything we I thank the gentleman for yielding me this time. I commend him on his initia- can to put Castro on the spot and say, this time. tive, and I support his amendment. ‘‘Why don’t you hold free elections?’’ I want to talk about this healing Mr. Chairman, the amendment sim- I am quite prepared to support you process that will take place if food and ply provides, I think, clear authority on that. You are absolutely right about medicine go to Cuba. for United States companies to engage it. Our policy should keep the pressure Castro has food now, and he feeds the in direct commerce with Cuba in food on him. But I think the policy of isola- tourists. Castro has medicine now, and and medicines. They cannot do that tion is a risky policy, and the reason it he heals the tourists. He starves the today. is risky is because the more pressure Cuban people. He has the Cuban people I think the gentleman from Indiana, you apply, the more desperate you suffering in pain. my friend, is correct when he says that make the Cuban people, the more like- There is no prohibition on feed and current law does not prohibit food and ly they will turn to violence, and that medicine going to the Cuban people. If medicines in Cuba, and that is done is what we do not want there. you want your family to have medi- largely today through nongovernment So that policy of isolation, of squeez- cine, you can send them the medicine. organizations. What is missing in this ing the Cuban people increases the risk If charitable organizations want to debate so far, it seems to me, is the of a violent explosion in Cuba and the send food and medicine now to non- plight of the Cuban people. No matter massive exodus of refugees, and that, of government agencies in Cuba, they can what is going on there today with re- course, is our most important concern do so. If you sell goods to Castro, he gard to food and medicine, we all know because the primary threat today from will sell the goods to the tourists. If what that plight is. The sugar harvest Cuba is not an invasion from Cuba. It you send food, he will give it to the this year in Cuba is the lowest in a half is not an export of revolution from tourists. a century. Food and medicine, under Cuba. The primary threat to the Unit- Because Americans are a generous anybody’s standards, are in very short ed States from Cuba today is what you people, we want all nations to belong supply. Serious epidemics have broken in south Florida have suffered so great- to this humanitarian family, and we out among the Cuban people. ly from, and that is trying to assimi- naively and foolishly believe that Cas- In that circumstance, surely we want late a massive number of refugees. tro wants the Cuban people to prosper, to try to help those Cuban people with I believe the issues in this debate are that he wants them to fulfill their the essentials of life, food and medi- very, very clear. This bill increases the dreams. What Castro wants is to re- cine, and that is all this amendment isolation of Cuba. It increases the hard- main in power, so he has the Cuban does. It changes no other part of the ship of the Cuban people, and it is the people suffering for their daily suste- bill, as I understand it. It simply tries wrong policy. That is what President nance. It will go to the tourists. Reject to help the Cuban people get more food Richard Nixon emphasized over and the substitute. and medicine. What in the world can be over again, and that is what Secretary Mr. BURTON of Indiana. Mr. Chair- wrong with that? of State, former Secretary of State man, how much time does each side This initiative will increase our con- Larry Eagleburger, has said, and the have remaining? tact with the Cuban people. It will help national security adviser under the The CHAIRMAN. The gentleman the Cuban people. It will generate Carter administration, Mr. Brzezinski, from Indiana [Mr. BURTON] has 10 min- goodwill, and it will begin to ease some and many, many others. utes remaining, and the gentleman of their long, long suffering. So I hope that this Chamber will de- from Washington [Mr. MCDERMOTT] has This is no radical idea that we are feat this bill. We should not base our 51⁄2 minutes remaining. presenting to you. The foremost Re- policy on a hatred of Castro. We should Mr. MCDERMOTT. Mr. Chairman, do publican spokesman on foreign policy base our policy on what is best for the we have the right to close? in this generation was Richard Nixon, United States, what is best for the The CHAIRMAN. The gentleman and he argued shortly before his death Cuban people, and what is best for the from Indiana [Mr. BURTON] has the September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9391 right to close because he is the man- Now they have chosen to stay be- Cuban people? They have told us, they ager of the committee position on the cause they do not want to leave their have told us, the 30,000 who were in bill. homeland. They stay and fight, and those camps, they told us, ‘‘Strengthen they risk their lives every day to do so, this embargo, try to get other coun- b 1115 and I risk it to some extent because of tries to join you.’’ They did not say to Mr. BURTON of Indiana. Mr. Chair- what I do here. Now that is something stop it, and what did the people who man, I yield 6 minutes to the gen- we do not have to worry about in the valiantly fight, who are dissidents in tleman from New Jersey [Mr. United States, so this debate in the ab- Cuba, fight for, and what are they will- MENENDEZ], a learned leader on the stract is one thing. ing to risk their lives? Today they said, Democrat side of the aisle. Now we have heard a lot about what in fact, ‘‘Go ahead and pass this bill.’’ (Mr. MENENDEZ asked and was do the Cuban people want. We want to This bill is about standing up for given permission to revise and extend relieve their suffering, but we cannot American interests, it is in the na- his remarks.) do it while we have someone who, in tional interests, giving our companies Mr. MENENDEZ. Mr. Chairman, I fact, seeks to do everything to repress and our citizens the right to sue for thank my distinguished colleague and them, use his resources not to put food properties that were illegally con- sponsor of the bill, the gentleman from and medical supplies that he can ac- fiscated, and it also says, the part that Indiana [Mr. BURTON], who I must say complish throughout the world, and we I wrote, ‘‘We can go help the Cuban has been a strong proponent of freedom are the greatest remitters of that. The people in a transition to democracy, and democracy in Cuba, for yielding Cuban Democracy Act that the gen- and we lay out that groundwork.’’ this time to me. tleman from New Jersey [Mr. Vote against the substitute, vote for Mr. Chairman, unlike many others TORRICELLI] helped pass and that was the bill, in the United States interests who have spoken here, and I question overwhelmingly voted by this House and also in the interests of the Cuban no one’s motives, I believe that they opened up the doors for medical sup- people. want to help the Cuban people, but I plies which did not exist prior to that Mr. MCDERMOTT. Mr. Chairman, I believe that their efforts to do so are in our embargo. But when we want to yield 4 minutes to the gentleman from misguided. I say that as someone, not hear what the Cuban people have to Mississippi [Mr. TAYLOR]. who deals with this issue in the ab- say, I will give my colleagues two dif- Mr. TAYLOR of Mississippi. Mr. stract. I say it as someone who has ferent specific examples. Chairman, let us start by finding those family living in Cuba. I say it as some- When we went with a group of Mem- things we agree on, and I think every one who understands the difficulties bers of the House to Guantanamo Member in this body, every Member of they go through. I go through the where 30,000 people risked the Florida the other body, wants to get rid of phone calls, I go through the letters; Straits, risked their lives, brought Fidel Castro. He is a thug, he got there that is not something others can say. I their children with them to flee from a by force, he has stayed in power by do not deal with this issue of humani- regime because of liberty, which is the force. But the present plan is not work- tarianism in the abstract. I deal with it word that used when we got there, not ing. The first embargo was put on Cas- in reality. simply because of hunger, but for lib- tro by Eisenhower. He was still there But let us talk about some truths. erty, they said to us, the democrat- when President Kennedy put an embar- Some of the truths are this: ically elected leaders of those camps, go on him. He was still there when The Cuban people suffer, yes. Why? the first ones who had an opportunity President Johnson put an embargo on They suffer because the dictatorship to have a free election; they did not him. He was still there when President does not do the market reforms and say to us, ‘‘The United States is puni- Nixon put an embargo on him, still create the political openings that can tive against us, you are hurting us.’’ there when President Ford continued relieve their suffering. We are not the No, they said, ‘‘Why can’t you get the the embargo, President Carter contin- only providers of food and medicine in Mexicans, and the Canadians, and the ued the embargo, President Reagan the world. If not, we would dictate the Spanish, and others to join with us and continued the embargo, President Bush world’s policies. The fact of the matter have an international embargo,’’ as we continued the embargo, and now, under is that there are tremendous pharma- did in Haiti, as we did in the the Clinton administration, we still ceutical companies in Europe. The fact divestitures of South Africa, to help have an embargo. of the matter is that we have countries free those people from those oppressive Embargo is not working. So let us that are part of the breadbasket of the regimes. They said, ‘‘Why don’t you do try something different. world, and the fact is they all trade that? We want to end our suffering I am going to say something good with Cuba, but they are unwilling to once and for all. We don’t want to have about President Reagan, and one of the give it to them gratuitously. I say to to free our homeland.’’ So who makes beauties of what President Reagan did my colleagues, you need something the Cuban people suffer? In the words in the military buildup against the So- called hard currency. You need money of the Cuban people, not here in Con- viet Union was at the same time he to be able to purchase those foods and gress; that is the words of those who said, ‘‘Let’s trade with them. Let’s those medical supplies, and that is were trying to flee, the 30,000. They show them what the worst could be, what Castro simply does not have be- said, ‘‘We support your efforts.’’ and let’s show them what the best can cause he relied on $6 billion of what And just yesterday 40-something be, with a free market, how a free mar- was the Soviet Union, he lost it, and brave Cubans who risked their lives by ket helps feed people, how a free mar- now he has not made the changes to putting their names to a letter saying, ket provides opportunities.’’ I think we help the Cuban people. And do we have ‘‘We support his bill,’’ told the Con- ought to do the same thing with the national interests? Absolutely. gress, ‘‘Vote with us, be with us, help Cubans. I think we ought to lift the Mr. Chairman, this is the third-larg- us in a free and democratic Cuba.’’ embargo. It is not working. I think the est army in the Western Hemisphere. I They said, ‘‘Vote with us.’’ sooner the Cuban people can interface do not suggest, the gentleman from In- Now these people risked their lives. with the Americans, the sooner we give diana [Mr. HAMILTON] has said we do Those who do not think that this is them, we show them, what our life is not face a risk of invasion; that is not true, we have thousands of political like, what our opportunities are like, what I am suggesting. But why do they prisoners in jail. We have these people in so many ways we give them the kind need the third-largest army in the who were willing for liberty, for free- of hope, and I guarantee, if we were to hemisphere if their people are hungry? dom, and to end the suffering of the lift the embargo within 2 years, Castro Why do they use money to have the Cuban people. is gone, but he is gone in a peaceful largest standing army and a huge secu- Now I have heard a lot about this is manner rather than in the chaos that I rity force if their people are hungry? cold war rhetoric. The fact of the mat- think some people want to see happen. Stop spending the money on the bullets ter is no one has told Fidel Castro the Mr. Chairman, my biggest concerns and the rifles, and start putting food cold war is over. He has not gotten are to balance the budget and to pro- on the plates of families in Cuban over it, he has not stopped repressing vide for the common defense, and right homes, in my family’s homes. his people, and what is best for the now Cuba is a threat, the chaos down H 9392 CONGRESSIONAL RECORD — HOUSE September 21, 1995 in Cuba is a threat, in a couple of ways. an interesting wire that was just hand- Mr. BURTON of Indiana. Mr. Chair- First, it is only 90 miles from the con- ed to me, a news wire that was just man, I yield myself the balance of my tinental United States. If Castro were handed to me: time. to get hold of a missile from the former CUBA PROVIDES HELP FOR AFFECTED ISLANDS The people in Cuba make 10 cents a day. My colleague over there says if we Soviet Union, then we have got a prob- Cuba is providing $47,000 in medicines to lem. It is also an expensive proposition assist islands of the Caribbean Community lift the embargo that we are going to right now where our Nation is spending (CARICOM) affected by the recent hurri- help them. The fact of the matter is about $30 million a month to take care canes. that Castro has the command of the of the Cuban boat people down at our The emergency aid will go to Antigua and economy; he controls the food and base in Guantanamo, and that comes Barbuds, Dominica, and St. Kitts and Nevis, medicine. out of our defense budget, a defense according to Barbados-based Cuban Ambas- My colleague from Florida just budget that is already too small, a de- sador Lazaro Cabezas. pointed out that he is giving medicine fense budget that is not building Cabezas is accredited to a number of to the hurricane victims in other coun- CARICOM states, including Trinidad and To- enough ships and taking good enough tries. If he is so strapped, why does he bago, where Cuba plans to open a diplomatic not keep the medicine for his own care of our people. mission by the end of the year. So I asked the chairman of the At- country? lantic Command, a four-star Marine Castro is not denied, as the gentle- He has the supplies. He has the food. general by the name of Sheehan, if he woman from Florida [Ms. ROS- As the gentlewoman from Florida [Ms. thought it was in our Nation’s best in- LEHTINEN] said, medicine. He has all ROS-LEHTINEN] pointed out, he is sell- terests to continue the embargo or to the medicines he wants to buy with the ing it to tourists for hard currency so open diplomatic relations with the Cu- dollars he gets, but he does not give he can pay the military to keep him in bans, and I want to quote him from them to the Cuban people. power because he is afraid of his own what he said before the Committee on If my colleagues want to go to one of people. We will not help the Cuban peo- Armed Services. the most luxurious medical centers in ple by lifting this embargo. Gen. SHEEHAN. I think it will be extraor- the world, go to the medical center Mr. Chairman, let me go on to say dinarily helpful to start some type of dia- that Castro provides for the tourists. that the embargo really did not start logue with the process of the Cubans. That is He has got a thriving industry to col- until 21⁄2 years ago when the Torricelli going on to the intersection in Havana. We lect dollars from tourists from bill, the Cuban Democracy Act, passed. have almost on a daily basis, requirements throughout the world, medical tour- Up until that time, it had no teeth in to deal with the frontier border guard and ism. The Cuban people cannot go to it. When the Soviet Union cut off the the Cubans, either because there are Cuban those medical centers. The Cuban peo- aid, the $6 billion a year to Castro, he migrants who are frustrated by the process, ple do not have medicines and do not started to sink. He is desperately try- who are actually walking through mine fields to return to Cuba and in some cases have any of the amenities that the ing to survive today, and we should not they have maimed themselves. We are risk- tourists have because of Castro’s poli- throw him a lifeline as my colleagues ing American lives who go into the mine cies, not because of the United States. unintentionally are trying to do. We fields and pull them out. So we continue to blame America should deny him the hard currency. We have Cubans on a weekly basis go into first in this instance, blame America All this bill does is say he cannot sell the water to swim back to Cuba. As a result, for the lack of medicines that Castro confiscated U.S. property. Our con- we need to have some kind of mechanism does not permit the Cuban people to stituents had property down there that just from a sheer safety standpoint to make have. he took away from them that he is now sure that these Cubans do not permanently selling to try to get hard currency to maim or kill themselves in the process. Let us defeat this gutting amend- Castro holds all of the cards on the mi- ment. Let us move forward. survive. All we want to do is give our constituents a way to get restitution grant issue. He can put 100,000 Cubans in Mr. MCDERMOTT. Mr. Chairman, I rafts tomorrow morning in a heartbeat. We yield the balance to my time to the from this government and deny him cannot absorb 100,000 at Guantanamo Bay the hard currency he needs to survive gentleman from Indiana [Mr. HAMIL- Cuba. It seems to me that it would be in our as the Communist dictator, the last TON]. best interest to manage the change that is Communist dictator in our hemisphere. going to occur in Cuba. It is going to happen. b 1130 Mr. Chairman, I want to end up by Mr. Chairman, this is not GENE TAY- reading to Members a part of a letter Let us have no mistake about that. LOR of Mississippi speaking. This is a from Armando Valladares, who spent 22 But it is also true that when you put four-star Marine general who is in years in Castro’s gulags. He was our on top of those failed policies an em- charge of the Atlantic Command for U.N. human rights ambassador, one of bargo from the United States, that the United States of America. the most revered Cuban Americans and that embargo increases the suffering of Mr. HAMILTON. Mr. Chairman, I Cubans in the world. He says, ‘‘I am a the Cuban people. If you ease that em- thank the gentleman from Washington former political prisoner of Fidel Cas- bargo by letting food and medicine go [Mr. MCDERMOTT] for yielding this tro’s jails, where I was confined for 22 time to me, and I want to commend in there, which they desperately need, long years. In those jails I saw many of again the gentleman from Washington you are going to ease the plight of the my best friends die due to the horrible for this initiative. Let me just address Cuban people. tortures and inhumane treatment. I this quick question that has arisen so Now, Mr. Chairman, Castro takes strongly believe that the remaining frequently in the last few minutes this embargo we have and uses it as a days of Castro’s tyranny will be short- about why the Cuban people are suffer- repressive tool in Cuba today. He uses ened once your Libertad bill, now up ing. it as an excuse for repression. All this for a vote, is passed’’. Mr. Chairman, my friends on the amendment does is give the oppor- The endorsement of our legislative other side of the aisle have repeatedly tunity for more food and medicine to by the most influential dissident lead- made the point that they are suffering go to Cuba. What in the world is wrong ers inside Cuba, inside Cuba, proves because of Castro’s policies. They are with that? Why should we be opposed that they are convinced, as I am, that absolutely right about that. There is to relieving the suffering of the Cuban this law is an important contribution not any doubt about it. The principal people? towards our goal: A free and Demo- reason that the people of Cuba are suf- I do not know how much will go in. It cratic Cuba. Viva Cuba libre. fering today is because of the policies may not be huge quantities. But we Mr. Chairman, we want liberty and of Fidel Castro. know the situation there today. They freedom for the Cuban people, and this Mr. BURTON of Indiana. Mr. Chair- are suffering. They need medicine. is the way to do it, to deny Castro his man, I yield 1 minute to the gentleman They need food. Let us see if we can lifeline and the hard currency that he from Florida [Mr. DIAZ-BALART], a help them out with this very modest so desperately needs. With that, I urge great American, a Cuban-American, of measure. a no vote on this amendment and a yes whom I am very proud. Mr. Chairman, I urge a vote against vote on the liberty amendment, the lib- Mr. DIAZ-BALART. Mr. Chairman, I this bill, and I urge a vote for the erty bill, which I think will help the just want to point out to my colleagues McDermott substitute. Cuban people. September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9393 Mr. Chairman, I yield back the bal- English Largent Roberts The text of the amendment is as fol- ance of my time. Ensign Latham Rogers lows: Everett LaTourette Rohrabacher The CHAIRMAN. The question is on Ewing Laughlin Ros-Lehtinen Amendment No. 2 offered by Mr. WYNN: the amendment in the nature of a sub- Fawell Lazio Rose Page 22, strike line 4 and all that follows stitute offered by the gentleman from Fields (TX) Leach Roth through page 23, line 7 and insert the follow- Flanagan Levin Roukema ing: Washington [Mr. MCDERMOTT]. Foley Lewis (CA) Royce (a) OPPOSITION TO CUBAN MEMBERSHIP IN The question was taken; and the Forbes Lewis (KY) Sanders INTERNATIONAL FINANCIAL INSTITUTIONS.—(1) Chairman announced that the noes ap- Ford Lightfoot Sanford Fowler Linder Until such time as the President determines Saxton peared to have it. Fox Lipinski that a transition government in Cuba is in Scarborough Franks (CT) Livingston RECORDED VOTE Schaefer power, the Secretary of the Treasury should Franks (NJ) LoBiondo Schiff instruct the United States executive director Mr. MCDERMOTT. Mr. Chairman, I Frelinghuysen Longley Seastrand to each international financial institution to demand a recorded vote. Frisa Lucas Sensenbrenner use the voice and vote of the United States A recorded vote was ordered. Funderburk Manton Gallegly Manzullo Shadegg to oppose the admission of Cuba as a member The vote was taken by electronic de- Ganske Martini Shaw of such institution. vice, and there were—ayes 138, noes 283, Gekas Matsui Shays (2) Once a transition government in Cuba not voting 13, as follows: Geren McCollum Shuster is in power, the President is encouraged to Gilchrest McCrery Skeen take steps to support the processing of [Roll No. 682] Gillmor McDade Skelton Smith (MI) Cuba’s application for membership in any fi- AYES—138 Gilman McHugh nancial institution subject to the member- Goodlatte McInnis Smith (NJ) Abercrombie Gonzalez Neal Goodling McKeon Smith (TX) ship taking effect at such time as the Presi- Baesler Gordon Oberstar Goss Meek Smith (WA) dent deems most likely to facilitate the Baldacci Hall (OH) Obey Graham Menendez Solomon transition to a democratically elected gov- Barrett (WI) Hamilton Olver Green Metcalf Souder ernment in Cuba. Becerra Harman Owens Greenwood Meyers Spence Beilenson Hayes Parker Page 23, line 8, strike ‘‘(c)’’ and insert Gunderson Mica Stearns Bereuter Hefner Pastor ‘‘(b)’’. Gutierrez Miller (FL) Stenholm Berman Hilliard Payne (VA) Gutknecht Mineta Stockman The CHAIRMAN. Pursuant to the Bishop Hinchey Pelosi Hall (TX) Molinari Stump Bonior Hoyer Rahall rule, the gentleman from Maryland Hancock Mollohan Talent Boucher Jackson-Lee Rangel [Mr. WYNN] and a Member opposed, the Hansen Montgomery Brewster Jacobs Reed Tate Hastert Moorhead gentleman from Indiana [Mr. BURTON], Brown (CA) Johnson (SD) Rivers Tauzin Hastings (FL) Morella will each be recognized for 10 minutes. Bryant (TX) Johnson, E. B. Roemer Taylor (NC) Hastings (WA) Murtha Clay Johnston Roybal-Allard Tejeda The Chair recognizes the gentleman Hayworth Myers Clayton Kanjorski Rush Thomas Hefley Myrick from Maryland [Mr. WYNN]. Clement Kennedy (MA) Sabo Thornberry Heineman Nethercutt AMENDMENT, AS MODIFIED, OFFERED BY MR. Clyburn Kennedy (RI) Sawyer Thurman Herger Neumann Collins (MI) Kennelly Schroeder Tiahrt WYNN Hobson Norwood Conyers Kildee Schumer Torkildsen Hoekstra Nussle Mr. WYNN, Mr. Chairman, I ask Coyne Kleczka Scott Torricelli Hoke Ortiz unanimous consent that I be allowed to Danner Klink Serrano Traficant Holden Orton de la Garza LaFalce Skaggs Upton modify my amendment so as to read as Horn Oxley DeFazio Lantos Slaughter Volkmer the text of amendment No. 4 printed in Hostettler Packard DeLauro Lewis (GA) Spratt Vucanovich Houghton Pallone the September 20 CONGRESSIONAL Dellums Lincoln Stark Waldholtz Hunter Paxon RECORD. I believe a copy of the modi- Dicks Lofgren Studds Walker Hutchinson Peterson (FL) Dingell Lowey Stupak fication is at the desk and also in the Hyde Peterson (MN) Walsh Dixon Luther Tanner Inglis Petri Wamp possession of the subcommittee chair. Doggett Maloney Taylor (MS) Istook Pickett Ward The CHAIRMAN. The Clerk will re- Dooley Markey Thompson Johnson (CT) Pombo Watts (OK) Durbin Martinez Thornton port the modification. Johnson, Sam Pomeroy Weldon (FL) Eshoo Mascara Torres The Clerk read as follows: Jones Porter Weldon (PA) Evans McCarthy Towns Kaptur Portman Weller Amendment, as modified, offered by Mr. Farr McDermott Velazquez Kasich Poshard White WYNN: Page 22, strike lines 4 through 20 and Fattah McHale Vento Kelly Pryce Whitfield Fazio McIntosh Visclosky insert the following: Kim Quillen Wicker Fields (LA) McKinney Waters (a) OPPOSITION TO CUBAN MEMBERSHIP IN King Quinn Wilson Filner McNulty Watt (NC) INTERNATIONAL FINANCIAL INSTITUTIONS.—(1) Kingston Radanovich Wolf Flake Meehan Waxman Until such time as the President determines Klug Ramstad Young (AK) Foglietta Mfume Williams Knollenberg Regula Young (FL) that a transition government in Cuba is in Frank (MA) Miller (CA) Wise Kolbe Richardson Zeliff power, the Secretary of the Treasury should Frost Minge Woolsey LaHood Riggs Zimmer instruct the United States executive director Furse Mink Wyden to each international financial institution to Gejdenson Moran Wynn NOT VOTING—13 Gibbons Nadler Yates use the voice and vote of the United States Blute Moakley Sisisky to oppose the admission of Cuba as a member NOES—283 Collins (IL) Ney Stokes of such institution. Gephardt Payne (NJ) Tucker Ackerman Brown (FL) Condit (2) Once a transition government in Cuba Hilleary Reynolds Allard Brown (OH) Cooley Jefferson Salmon is in power, the President is encouraged to Andrews Brownback Costello take steps to support the processing of Archer Bryant (TN) Cox b 1158 Cuba’s application for membership in any fi- Armey Bunn Cramer nancial institution subject to the member- Bachus Bunning Crane Mr. STARK and Mr. PAYNE of Vir- ship taking effect at such time as the Presi- Baker (CA) Burr Crapo ginia changed their vote from ‘‘no’’ to Baker (LA) Burton Cremeans dent deems most likely to facilitate the Ballenger Buyer Cubin ‘‘aye.’’ transition to a democratically elected gov- Barcia Callahan Cunningham So the amendment in the nature of a ernment in Cuba. Barr Calvert Davis substitute was rejected. Barrett (NE) Camp Deal Mr. WYNN (during the reading). Mr. Bartlett Canady DeLay The result of the vote was announced Chairman, I ask unanimous consent Barton Cardin Deutsch as above recorded. that the amendment, as modified, be Bass Castle Diaz-Balart The CHAIRMAN. It is now in order to considered as read and printed in the Bateman Chabot Dickey Bentsen Chambliss Doolittle consider amendment No. 2 printed in RECORD. Bevill Chapman Dornan House Report 104–253. The CHAIRMAN. Is there objection Bilbray Chenoweth Doyle to the request of the gentleman from Bilirakis Christensen Dreier b 1200 Bliley Chrysler Duncan Maryland? Boehlert Clinger Dunn AMENDMENT NO. 2 OFFERED BY MR. WYNN There was no objection. Boehner Coble Edwards Mr. WYNN. Mr. Chairman, I offer an The CHAIRMAN. Is there objection Bonilla Coburn Ehlers amendment. to the modification? Bono Coleman Ehrlich Borski Collins (GA) Emerson The CHAIRMAN. The Clerk will des- Mr. BURTON of Indiana. Mr. Chair- Browder Combest Engel ignate the amendment. man, reserving the right to object, I H 9394 CONGRESSIONAL RECORD — HOUSE September 21, 1995 have talked with the gentleman offer- Castro dictatorship is going to come to Mr. Chairman, I agree with the dis- ing the modification to the amend- an end. I do not know how that will be tinguished gentlemen from New York ment. I think it is a good modification but we do know that is fact it will be. and Texas. The report on H.R. 927 cites and we are prepared to accept that. During that period of time, once the four countries which should be initial Mr. Chairman, I withdraw my res- transition government has met the cri- targets with respect to section 401 be- ervation of objection. teria specified in this bill, I believe cause they have been found to have the The CHAIRMAN. Is there objection that we ought to assist them with par- most confiscation cases. However, the to the request of the gentleman from ticipation in international financial in- seriousness of the Western Energy case Maryland? stitutions. That is what this amend- merits priority attention for exclusion There was no objection. ment would do. I would certainly ask of the persons involved, and I will work Mr. WYNN. Mr. Chairman, I yield the membership to support the amend- with the distinguished gentlemen to myself such time as I may consume. ment. try to achieve that result. Mr. Chairman, first let me thank the Mr. Chairman, I reserve the balance Mr. COLEMAN. Mr. Chairman, will subcommittee chairman for his leader- of my time. the gentleman yield? ship on this issue. We have not always Mr. BURTON of Indiana. Mr. Chair- Mr. BURTON of Indiana. I yield to agreed on the appropriate approach but man, I yield myself such time as I may the gentleman from Texas. I certainly appreciate the courtesies he consume. has extended to me during the course Let me just say that the gentleman Mr. COLEMAN. Mr. Chairman, I too of this debate. from Maryland [Mr. WYNN] has come have been working to bring to resolu- The modified amendment that I am up with a very valuable amendment. It tion this egregious expropriation suf- offering today will simply give the was well thought out. I appreciate very fered by Western Energy Co. that is President the flexibility to support much his contribution that he has headquartered in my congressional dis- Cuba’s membership in international fi- made to this legislation. I want to trict. It is my understanding that nu- nancial institutions after a transition thank him for being willing to work merous high-ranking Dominican Gov- government is in power in Cuba. I be- out an agreement that I think is going ernment officials have expressed both lieve that the most effective time for to be better for the bill and better for public and private outrage with their international assistance is during the the legislation and better for the peo- government’s action but they have said transition period. ple of Cuba in the final analysis. It pro- they have been powerless to redress it. If a pro-democracy transition in Cuba vides a mechanism for helping them re- I think, Mr. Chairman, that the U.S. is going to be peaceful and if it is going build Cuba once the Castro dictator- Ambassador should be commended for to succeed, it will need the support of ship falls. her efforts to resolve the situation. An international financial institutions. Mr. WALSH. Mr. Chairman, will the exclusion under section 401 of H.R. 927 The International Monetary Fund, the gentleman yield? would certainly buttress her efforts. World Bank, and others can make an Mr. BURTON of Indiana. I yield to The names of the persons involved in enormous difference in Cuba during the the gentleman from New York. the confiscation and who are traffick- transition period because of their strict Mr. WALSH. I thank the distin- ing in Western Energy’s property are requirements for economic reforms. guished gentleman for yielding. well known and could be provided by The IFI’s could help Cuba privatize its Mr. Chairman, I rise today to enter the U.S. Embassy as anticipated in the industry, develop commercial banking into a colloquy with my distinguished report on section 401 of H.R. 927. systems, and develop a tax system that colleague, the gentleman from New I thank the gentleman from New will support a market-based economy. York [Mr. GILMAN], along with my York [Mr. GILMAN] for his response. I Nobody knows what a transition in good friend the distinguished gen- understand that he agrees that these Cuba will look like but we must be pre- tleman from Texas [Mr. COLEMAN]. persons should be among those ini- pared to react and act quickly. Let me Mr. Chairman, section 401 of H.R. 927 tially targeted for exclusion under sec- be very clear, however, that the transi- would exclude from the U.S. aliens who tion 401 of H.R. 927. Is that correct? tion period that we are talking about have confiscated property of U.S. na- Mr. GILMAN. If the gentleman will and a transition government is specifi- tionals or who traffick in such prop- yield, that is correct. I want to assure cally delineated within the context of erty. The report on H.R. 927 by our both gentlemen that we will work with the existing language of the bill. Committee on International Relations them to try to correct these problems. It is specified that a transition gov- relates that the Department of State is Mr. WALSH. I thank the gentleman. ernment is one in which there is free- actively engaged in prosecuting hun- dom of political activity, freedom of dreds of confiscation claims of U.S. Mr. COLEMAN. I thank the gen- association, freedom of the press, re- citizens in Nicaragua, Honduras, Costa tleman from Indiana for yielding to the spect for internationally recognized Rica, and Cuba. The report then states: gentleman from New York. human rights, and is in the process of Persons who are responsible for these Mr. BURTON of Indiana. Let me end, organizing free elections. It also spe- confiscations or who are trafficking in such Mr. Chairman, by saying once again cifically states that a transition gov- property should be among those initially tar- that I appreciate the hard work of the ernment may not include Fidel or geted for exclusion under this section. gentleman from Maryland [Mr. WYNN]. Raoul Castro. I have been working to bring to reso- He is a very thoughtful member of the I believe we are talking about a very lution an egregious expropriation exe- Committee on International Relations. strictly defined set of circumstances cuted by the Dominican Republic’s We are very happy to accept his under which international financial as- military against Western Energy Inc. amendment. sistance could be of great importance. Western Energy is a U.S. company that Mr. Chairman, I include for the Quick involvement has shown, in the was operating an important liquid pe- RECORD correspondence to the Speaker case of Eastern Europe, that we can troleum gas facility in the Dominican concerning committee consultations lend a strong effort toward the move- Republic and operates a similar facil- on H.R. 927. ment to democracy. We were successful ity in my district in New York. HOUSE OF REPRESENTATIVES, in Eastern Europe. I believe the same Would the distinguished gentleman COMMITTEE ON THE JUDICIARY, model will apply in the case of Cuba. agree that the confiscators and traf- Washington, DC, August 3, 1995. Mr. Chairman, what we saw in East- fickers in this case should also be Hon. NEWT GINGRICH, ern Europe was that the transition led among those initially targeted for ex- The Speaker, House of Representatives, Wash- to democracy, not toward some sort of clusion? ington, DC. non-Communist dictatorship. We would Mr. GILMAN. Mr. Chairman, will the DEAR MR. SPEAKER: I am writing to you re- like to see the same model in Cuba. garding the ‘‘Cuban Liberty and Democratic gentleman yield? Solidarity (LIBERTAD) Act of 1995’’ (H.R. That is where the international finan- Mr. BURTON of Indiana. I yield to 927), legislation that has already been re- cial institutions come into play. the gentleman from New York. ported by the Committee on International At some point in time, Mr. Chair- Mr. GILMAN. I thank the gentleman Relations (H. Rept. 104–202, Pt. 1). When it man, in the not-so-distant future, the for yielding. was introduced, H.R. 927 was also referred to September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9395 the Committee on the Judiciary and, follow- is in power. It further requires that if any Finally, I would ask that a copy of our ex- ing the filing of the report by the Inter- IFI approves a loan or other assistance to change of letters on this matter be placed in national Relations Committee, this referral Cuba over the opposition of the United the Record during consideration on the period was extended until August 4, 1995. States, the Treasury Secretary is to with- Floor. With best regards, H.R. 927 was referred to the Judiciary Com- hold payment to such institution, with re- Sincerely, mittee because of a number of its provisions spect to paid-in and callable capital, of an BILL ARCHER, fall within the Rule X jurisdiction of this amount equal to the amount of loan or other Chairman. Committee. Specifically, section 302 would assistance to the Cuban government. create a civil cause of action in U.S. district In this regard, it has been longstanding COMMITTEE ON courts by ‘‘United States nationals’’ against United States policy to oppose Cuban mem- INTERNATIONAL RELATIONS, any person that traffics in property that was bership in the international financial insti- Washington, DC, August 4, 1995. confiscated by the Government of Cuba, on tutions. Indeed, Cuba is not now a member of Hon. BILL ARCHER, or after January 1959. A ‘‘United States na- any such international organization. Con- Chairman, Committee on Ways and Means, tional’’ includes individuals who became nat- sequently, while the Committee would have House of Representatives, Washington, DC. uralized U.S. citizens after the confiscation serious concerns about the impact of IFI DEAR MR. CHAIRMAN: I write to you with occurred. Section 303 establishes an alter- withholding provisions on U.S. foreign policy respect to your August 3 letter and further nate method for determining the amount and and the international financial institutions House consideration of H.R. 927, the ‘‘Cuban ownership of claims brought under section generally, the Banking Committee agrees to and Democratic Solidarity (LIBERTAD) Act 302. In doing so, both section 303 and section waive jurisdiction of H.R. 927 and requests to of 1995.’’ 304 impact on the decisions and jurisdiction be discharged from further consideration of Pursuant to agreements reached between of the Foreign Claims Settlement Commis- Section 104 without prejudice. you and key proponents of this legislation, sion, which is an agency under the jurisdic- Sincerely, including the Chairman of the Western Hemisphere Subcommittee, Dan Burton, I tion of the Judiciary Committee. Section 401 JAMES A. LEACH, impacts on this Committee’s jurisdiction Chairman. would like to assure you that the Committee with respect to the Immigration and Nation- intends to offer an amendment during floor ality Act by permitting the Secretary of consideration of this measure which address- COMMITTEE ON WAYS AND MEANS, State to exclude from entry into the United es the specific concerns raised by you and HOUSE OF REPRESENTATIVES, your staff with respect to sections 109, 201, States any alien who has confiscated the Washington, DC, August 3, 1995. property of a U.S. national or who traffics in and 202 of this legislation. Moreover, I would Hon. BENJAMIN A. GILMAN, like to further assure you that we will work such property. Chairman, Committee on International Rela- As a result of consultations between the with you and Members of your Committee in tions, House of Representatives, Rayburn International Relations Committee and the opposing any proposed modifications or addi- Building, Washington, DC. Judiciary Committee, a number of changes tions relating to these provisions during fur- DEAR MR. CHAIRMAN: This is to confirm my were made in the text of H.R. 927. Con- ther House consideration of this legislation. understanding of our agreement concerning sequently, the Judiciary Committee does not In addition, I understand that you will re- further consideration of H.R. 927, the Cuban intend to mark up H.R. 927. However, this quest that Ways and Means Members be ap- Liberty and Democratic Solidarity Act of does not in any way waive this Committee’s pointed as conferees on these provisions and 1995, which was referred to the Committee on jurisdiction over that bill or related legisla- any other tax, tariff, or trade policy matters International Relations, and in addition, to tion, nor over the general subject matters that might be at issue in a conference with the Ways and Means Committee for a period contained in the bill which fall within this the Senate on this legislation. ending on August 4, 1995. Committee’s jurisdiction. I also request that I should note that these understandings on Section 109 of H.R. 927, as reported by your Members of the Judiciary Committee be ap- this legislation do not prejudice in any way Committee, would impose a certification re- pointed to serve on any conference commit- this Committee’s jurisdiction over inter- quirement on exporters of sugar and sugar tee appointed with respect to this legisla- national economic policy issues and the products to the United States. In addition, tion. Committee’s authority to seek conferees on sections 201 and 202 contain statements Sincerely, these and any other provisions of the bill about the trade policy objectives of the Unit- HENRY J. HYDE, that are within the jurisdiction of the Com- ed States toward a democratic Cuba and au- Chairman. mittee on International Relations during my thorize the President to take action to House-Senate conference committee that achieve those goals. COMMITTEE ON BANKING AND FINAN- may be convened on this legislation. The action taken by the Committee on CIAL SERVICES, I extend to you my gratitude for your will- Washington, DC, July 24, 1995. International Relations concerning the sugar ingness to work with members of this Com- provision was clearly contrary to clause 5(b) Hon. NEWT GINGRICH, mittee and other interested Members to Speaker, The Capitol, Washington, DC. of Rule XXI of the Rules of the House, which move this important legislation to the full DEAR MR. SPEAKER: I am writing concern- provides that no bill carrying a tax or tariff House without delay. ing H.R. 927, the Cuban Liberty and Demo- measure shall be reported by any committee With best wishes, cratic Solidarity (LIBERTAD) Act of 1995, not having jurisdiction to report tax and tar- Sincerely, which the House of Representatives may iff measures. BENJAMIN A. GILMAN, consider later this year. This legislation con- However, I now understand that you will Chairman. tains two provisions which fall under the ju- offer a manager’s amendment that will drop Mr. Chairman, I yield back the bal- risdiction of the Committee on Banking and all provisions relating to trade in sugar (sec- ance of my time. Financial Services under Rule X of the Rules tion 109) from the bill and change the text of Mr. WYNN. Mr. Chairman, I yield 2 the remaining minor trade-related provi- of the House of Representatives. These provi- minutes to the gentleman from Indiana sions are found in Sections 103 and 104. sions to language drafted by my staff. In ad- Section 103 prohibits a U.S. national or dition, I understand that you have commit- [Mr. JACOBS]. agency from extending a loan, credit, or ted to oppose any modifications or additions Mr. JACOBS. Mr. Chairman, first I other financing to a foreign person or U.S. to these provisions during further consider- would like it to be understood on the national to finance transactions involving ation in the House. record that there is no Member of this any property confiscated by the Cuban gov- Based on your written assurances to that House for whom I have greater affec- ernment the claim to which is owned by a effect, and in response to your requests that tion and respect than the gentleman U.S. national as of the date of enactment of I facilitate consideration of this important from Indiana [Mr. BURTON]. H.R. 927. This provision falls under the juris- legislation, I do not believe that a markup of One of the reasons I have so much re- diction of the Banking Committee relating H.R. 927 by the Committee on Ways and spect for him is his consistency. He has Means will be necessary. to international finance and investment the same trade policy for China as he policies. While enforcement of this provision However, this is being done only with the could be complex, and its impact on the com- understanding that this does not in any way has for Cuba. Those who differ between petitiveness of the U.S. financial services in- prejudice the Committee’s jurisdictional pre- the two countries, I could say, puzzle dustry is uncertain, the Banking Committee rogatives in the future with respect to this me somewhat. agrees to waive consideration of H.R. 927 and measure or any similar legislation, and it I want to quote a former U.S. Sen- requests to be discharged from further con- should not be considered as precedent for ator from Indiana, Homer E. Capehart, sideration of Section 103 without prejudice. consideration of matters of jurisdictional in- a member of the party of the gen- Section 104 requires the Secretary of the terest to the Committee on Ways and Means tleman from Indiana [Mr. BURTON], Treasury to instruct the U.S. executive di- in the future. Should any provisions of juris- who said back in the late 1950’s, ‘‘If you rector to each international financial insti- dictional interest remain in the bill after tution (IFI) to use the voice and vote of the Floor consideration, I would request that the would let me turn loose 10,000 Amer- United States to oppose the admission of Committee on Ways and Means be named as ican salesmen in the Soviet Union, I Cuba as a member of such institution until a additional conferees, and as sole conferees on would guarantee that the days of com- democratically elected government in Cuba provisions within its sole jurisdiction. munism would be numbered.’’ H 9396 CONGRESSIONAL RECORD — HOUSE September 21, 1995 Mr. WYNN. Mr. Chairman, I yield Mr. STEARNS. Mr. Chairman, I yield Already members of this administration have myself such time as I may consume. myself such time as I may consume. shown their willingness to deal with Castro. Mr. Chairman, I do not have any fur- I will be brief. This is an amendment Chairman BURTON has wisely included lan- ther speakers. I would just indicate, that I had put together as a piece of guage in this bill that emphasizes the true po- therefore, in closing that I believe this legislation, H.R. 1909. It was introduced sition of our Nation: Not to deal with the Com- is a constructive amendment. It will earlier this year and had bipartisan munist dictatorship in Cuba. This Congress enable us to move quickly at such time support. We had the support of Chair- must remain vigilant and ensure that this pol- as we see a transition government in man BURTON, ranking member icy is in fact the one being followed. Cuba and I believe that will help us TORRICELLI, as well as the Members The normalization of United States relations move Cuba more quickly to democracy. from the State of Florida. with the Communist government of Vietnam is I thank the gentleman from Indiana for I intend, Mr. Chairman, to withdraw just one example of where the current admin- his support with respect to this amend- this amendment, but I wanted to just istration has moved too quickly and without ment. outline a little bit about the amend- open discussions with the Congress prior to its Mr. Chairman, I yield back the bal- ment because I think it is important actions. Had there been a provision such as ance of my time. that the House be aware of what this this during the negotiations with Vietnam, at The CHAIRMAN. The question is on amendment intended to do. least the Congress would have had the ability the amendment, as modified, offered by It was also offered on the Senate to advise the President on how we felt. In- the gentleman from Maryland [Mr. side. The important part about this stead, the President presented us with a fait WYNN]. amendment is it says basically that accompli. We need to ensure that tomorrow The amendment, as modified, was when the administration negotiates we don't see a headline proclaiming ``Adminis- agreed to. with the Castro regime, that they can- tration Officials Meet With Castro, Congress The CHAIRMAN. The Chair is ad- not do so without notifying Congress Caught Totally Unaware.'' vised that amendment No. 3 will not be first. I think that is important, par- Mr. Chairman, while I recognize that it is the offered. Is that correct? ticularly when we saw what happened prerogative of the President to conduct foreign Mr. BURTON of Indiana. That is cor- in Vietnam. affairs, it is also the responsibility of the Presi- rect, Mr. Chairman. My amendment would require that dent to keep Congress informed of his actions The CHAIRMAN. It is now in order to the President notify congressional so that we might respond accordingly. This consider amendment No. 4 printed in leadership prior to any meeting with amendment will insure this just balance of House Report 104–253. the Castro regime, and that a timely power. AMENDMENT NO. 4 OFFERED BY MR. STEARNS report be made to the leadership with Mr. Chairman, I urge my colleagues to join Mr. STEARNS. Mr. Chairman, I offer the results of any such negotiations. me in making sure that the United States does an amendment. With the situation as delicate as it is not rush into a closer relationship with a Com- The CHAIRMAN. The Clerk will des- right now, Mr. Chairman, I am a little munist dictatorship without the elected Rep- ignate the amendment. concerned, particularly talking to peo- resentatives of the people being properly in- The text of the amendment is as fol- ple on both sides of the aisle, that this formed. I urge the adoption of this amend- lows: would move the negotiation process ment. Amendment No. 4 offered by Mr. STEARNS: into a phase where there might be a lot Mr. Chairman, I ask unanimous con- Add at the end of title I the following: of confrontation, and that the adminis- sent to withdraw the amendment. SEC. 112. CONGRESSIONAL NOTIFICATION OF tration itself might not be amenable to The CHAIRMAN. Is there objection CONTACTS WITH CUBAN GOVERN- this amendment. to the request of the gentleman from MENT OFFICIALS. I actually withdraw this amendment, Florida? (a) ADVANCED NOTIFICATION REQUIRED.—No but I would like to make my opening There was no objection. funds made available under any provision of statement part of the RECORD. Mr. MCCOLLUM. Mr. Chairman, I rise today law may be used for the costs and expenses of negotiations, meetings, discussions, or Mr. Chairman, my amendment is largely in strong support of H.R. 927, the Cuban Lib- contacts between United States Government identical to H.R. 1909 which I introduced ear- erty and Democratic Solidarity Act. officials or representatives and officials or lier this year with broad bipartisan support and This legislation has been carefully crafted to representatives of the Cuban Government re- which includes Chairman BURTON, Ranking bring an end to the Castro regime by lating to normalization of relations between Member TORRICELLI, Representative ROS- reaffirming the principles contained in the the United States and Cuba unless 15 days in LEHTINEN, and Representative DIAZ-BALART Cuban Democracy Act passed in 1992. This advance the President has notified the among its original cosponsors. legislation seeks to close the loopholes in Speaker of the House of Representatives and It was jointly introduced with an identical bill order to more effectively continue our embar- the chairman of the Committee on Foreign Relations of the Senate in accordance with in the Senate offered by my colleague from go against Cuba. procedures applicable to reprogramming no- Florida, Senator MACK, who was also joined Another provision in H.R. 927 prepares the tifications under section 634A of the Foreign with widespread support in the other Cham- United States to support a transition govern- Assistance Act of 1961. ber, including Majority Leader DOLE, Foreign ment which eventually will lead to a demo- (b) REPORTS.—Within 15 days of any nego- Relations Chairman HELMS and Senator cratic government in Cuba. We realize that the tiations, meetings, discussions, or contacts LIEBERMAN. isolated Government of Castro is on its last between individuals described in subsection My amendment will require that the Presi- leg and this is a positive signal to the Cuban (a), with respect to any matter, the Presi- dent notify congressional leadership prior to people that the United States will support their dent shall submit a report to the Speaker of the House of Representatives and the chair- any meetings with the Castro regime and that efforts toward democratization. man of the Committee on Foreign Relations a timely report be made to the leadership with Finally, this legislation takes important steps of the Senate detailing the individuals in- the results of any such negotiations. to protect the property interests of U.S. nation- volved, the matters discussed, and any agree- The Cuban Liberty and Democratic Solidar- als by making persons who intentionally traffic ments made, including agreements to con- ity Act is an important piece of legislation. It in stolen property liable for damages in U.S. duct future negotiations, meetings, discus- rightly steps up the pressure on the Castro re- Courts. sions, or contacts. gime in the hope that Democracy can be re- It is anathema to all Americans that in our The CHAIRMAN. Pursuant to the stored to the people of Cuba. own backyard we have one of the last Com- rule, the gentleman from Florida [Mr. But this legislation and its impact could be munist countries and one of the last dictators STEARNS] and a Member opposed will rendered meaningless if the present adminis- within a half hour plane flight. Today, Cuba is each be recognized for 10 minutes. tration opens up negotiations which could le- more backward than ever. This authoritarian Mr. JOHNSTON of Florida. Mr. gitimize the very regime we are trying to re- regime now symbolizes the fact that com- Chairman, I am opposed to the amend- move. munism has failed. ment. With a situation as delicate as negotiations Since the collapse of the Soviet Union the The CHAIRMAN. The gentleman with one of the last Communist dictatorships $4.5 billion in annual support for Cuba has all from Florida [Mr. JOHNSTON] will be left in the world, it is essential that Congress but disappeared. No other countries have recognized for 10 minutes. be kept aware of any attempts made by the come to Castro's financial aid. Meanwhile, the The Chair recognizes the gentleman administration to legitimize the Castro govern- United States embargo continues to keep from Florida [Mr. STEARNS]. ment. Cuba without sought after American dollars. September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9397 Recent reports state that the deteriorating The Cuban people deserve a free, demo- urge my colleagues to join me in opposing living conditions, the repressive control exer- cratic, society that respects human rights and H.R. 927 here today. cised by the state and economic difficulties led political freedom. Specifically, they deserve to Mr. BURR. Mr. Chairman, I rise today in to the mass exodus on the high seas in 1994. enjoy the fruits of their labors and the right to support of H.R. 927, the Cuban Liberty and These reports also state that the Cuban crisis travel freely across international borders. They Democratic Solidarity Act. I am proud to be a has deep internal roots affecting not only the deserve the freedom to speak their minds cosponsor of this legislation along with a bi- economic, political, and social sphere, but all freely, without fear of persecution. And they partisan group of my colleagues. of the island's institutions. This crisis is the di- deserve the fundamental right to organize and We are at an important moment in the rect result of the repressive policy of Castro to control the actions of their own government struggle for freedom for the Cuban people. It coupled with the exclusion of differing view- through a free, fair, and democratic electoral is a well-known fact that the Cuban economy points. process. I would suggest, however, that H.R. is in complete disarray. In order to prop up his Castro has not shown a willingness to make 927 is not the most effective way to accom- failing regime, Castro has attempted to attract any efforts to liberalize Cuba's political system plish these goals. foreign investors to the country so that he may or economic markets. For this reason stronger The so-called Cuban Liberty and Demo- obtain more hard currency for his benefit, I re- actions are needed to deal with his regime as cratic Solidarity Act of 1995 is intended to peat his benefit. Let us not pretend that the compared to other Communist countries which ratchet up the pressure on Cuba by intensify- people of Cuba will benefit from these invest- recently have shown movement toward demo- ing the economic sanctions and travel restric- ments. Have no doubt, the capital that comes cratic principles. tions already in place. The theory behind this with foreign investment is for the benefit of In my judgment, H.R. 927 takes the nec- legislation is that any additional hardship im- Castro and his regime, not the people of essary steps to increase pressure on the Cas- posed on the Cuban people will be trans- Cuba. tro regime to initiate needed political and eco- formed into additional dissatisfaction with the To those who will say that Castro is liberal- nomic reforms. By passing this measure we Castro regime and will precipitate an indige- izing his political and economic policies, this is will also send a strong signal to Castro that nous insurrection against Castro. The problem simply untrue. There is no indication that elec- the United States will stand firm until he is with this reasoning is that in many ways it tions held in Cuba are anything more than a gone and Cuba becomes a democracy. plays into Castro's hands by allowing him to rubber stamp of his corrupt regime and there Mr. GEPHARDT. Mr. Chairman, I rise to ex- blame the Cuban people's suffering on foreign simply are not real economic reforms occur- press my support for the general thrust of H.R. enemiesÐnamely, the United States. Sanc- ring there. Castro will continue to control the 927. This legislation sends an important signal tions like these provide Castro with a conven- Cuban economy and the Cuban people be- to the Castro regime in Cuba that the United ient scapegoat for the failings of his cause he and his regime control all of the States will continue its vigilance in opposing unsustainable regime. Moreover, some of the money received from foreign investments. the communist dictatorship there. For this rea- provisions in this legislation would violate To those who argue that we must end the son, I will support passage of this bill today. At GATT and NAFTA. While I am no supporter of embargo because it has not worked in 35 the same time, however, there are a number NAFTA, I believe that the United States is years, I would tell you that the embargo has of provisions in this legislation that I believe bound to observe international treaties that worked best in the last few years due to the could have an unintended negative impact on have been duly signed and ratified by the U.S. end of subsidies from the Soviet Union. The our efforts to promote a transition to a demo- Government. We can not pick and choose as embargo is working and should be tightened, cratic government in Cuba and impede the the mood takes us. Violation of our obligations as this bill seeks to do, so the end of the Cas- conduct of U.S. foreign policy elsewhere. under these treaties could result in sanctions tro regime comes as soon as possible. In particular, I have serious concerns about on U.S. trade and the loss of U.S. export-relat- Finally, I support the provisions of this bill the bill's attempt to restrict United States as- ed jobs. This legislation would damage the that provide American citizens a right of action sistance to international financial institutions economic health of the United States without in a U.S. court of law to ensure that property and other nations based on their policies to- advancing our foreign policy goals. Con- confiscated from them is not sold for the bene- ward Cuba. I believe we have broader inter- sequently, I must conclude that H.R. 927 fit of the Castro regime. The only way to end ests vis-a-vis these institutions and nations would do more harm than good. Castro's dictatorship is to end his access to that should not be allowed to be dictated by I believe that the most effective tool for fos- foreign capital. I support these provisions as our policy toward Cuba. tering democracy, human rights, and eco- well as those that provide for a smooth transi- I am also concerned that the constraints im- nomic development in Cuba is exposure to the tion to democracy and I urge all of my col- posed by the bill on the types of United States citizens and cultures of free, democratic soci- leagues to support this bill with a ``yes'' vote assistance that may be provided to a transi- eties. Consequently, I am a cosponsor of H.R. on final passage. tional or democratically elected government in 2229, the Free Trade with Cuba Act, which Mr. KENNEDY of Rhode Island. Mr. Chair- Cuba may in fact hinder our ability to promote was introduced by my colleague from New man, this bill is a clear statement that the the changes we desire there. York, Representative CHARLES B. RANGEL. American people stand arm in arm with the In addition, it appears that some of the bill's This legislation would lift the existing sanctions people of Cuba in their struggle against a re- provisions relating to property claims may on trade, travel, and commerce with Cuba. It pressive dictator, and that we will not back have the unintended consequence of tying up would only allow the President to impose new away from being partners in our common fight considerable amounts of property in litigation export controls on Cuba in accordance with for freedom. for years after a transition to a democratic certain sections of the Export Administration We won the cold war because we never government has occurred. This could hinder Act of 1979, and it would allow the President gave in to communism. By standing firm we investment by Americans desiring to promote to apply the authority granted him under the brought down the Iron Curtain and saw com- economic development in a post-Castro Cuba. International Emergency Economic Powers munism collapse in Europe. For these reasons, my vote today in support Act only in the case of a new national emer- The conditions which existed when Presi- of H.R. 927 does not indicate an intention to gency resulting from actions undertaken by dent Kennedy implemented our embargo have support the conference version of this bill. the Cuban Government. In short, this bill not changed. Rather, I will withhold my decision on support would normalize United States relations with Now is not the time to offer relief to the for final passage of this legislation pending ac- Cuba. Castro regime, especially relief at the expense tion by the conferees to address the defi- In closing, let me just point out that we've of American citizens who have had their prop- ciencies contained in the House version of the had sanctions against Cuba for over 30 years. erty seized by Castro. Castro wants to use bill. They made some sense during the cold war, American property to lure foreign investors to Mr. COYNE. Mr. Chairman, I rise today in when Cuba was allied with a hostile super- Cuba who will provide cover for his dictator- opposition to H.R. 927. I believe that every power, but they haven't been particularly suc- ship and cash to his treasury. Member of Congress agrees on our foreign cessful in undermining the Castro government. This bill prevents the Castro regime and for- policy goals with regard to Cuba. We all want In the end, an ineffective economic system eign investors from profiting off the confiscated to encourage democracy and economic and political repression will bring down the property of Americans. It says, quite simply, growth, protect human rights, and neutralize a Castro regime, just as similar institutions theft is wrong. potential military threat just miles away from precipitated the collapse from within for the The Libertad bill allows Americans, whose the United States. We legitimately disagree, other countries of the Soviet bloc. The best property Castro has seized, to pursue legal re- however, on the most effective means of ways to speed up that process is through en- dress if an international corporation or investor achieving these goals. gagement, not through isolation. Therefore, I purchases that land for profit-making. H 9398 CONGRESSIONAL RECORD — HOUSE September 21, 1995 This is government-sanctioned theft. The amendment in the nature of a Everett Kolbe Rahall Ewing LaHood Ramstad The bill also states that we will not allow substitute, as amended, was agreed to. Fawell Lantos Regula those who traffic in this stolen property to The CHAIRMAN. Under the rule, the Fazio Largent Riggs enter the United States. Why should we wel- Committee rises. Fields (TX) Latham Roberts come those who profit from property stolen Accordingly the Committee rose; and Flanagan LaTourette Rogers Foley Laughlin Rohrabacher from our citizens, from our constituents, and the Speaker pro tempore (Mr. LAHOOD) Forbes Lazio Ros-Lehtinen who are exploiting the hopes, dreams, and having assumed the chair, Mr. DUNCAN, Fowler Leach Rose labor of the Cuban people? Chairman of the Committee of the Fox Levin Roth Let us be clear, foreign investment in Cuba Whole House on the State of the Union, Franks (CT) Lewis (CA) Roukema Franks (NJ) Lewis (KY) Royce means one thingÐit is a lifeline to the Castro reported that that Committee, having Frelinghuysen Lightfoot Sanford regime. had under consideration the bill (H.R. Frisa Linder Saxton It will legitimize an illegitimate government. 927) to seek international sanctions Frost Lipinski Scarborough It will offer protection to a man who must be Funderburk Livingston Schaefer against the Castro government in Gallegly LoBiondo Schiff brought down just like the Communist dic- Cuba, to plan for support of a transi- Ganske Longley Seastrand tators of Eastern Europe. tion government leading to a demo- Gekas Lucas Sensenbrenner It will postpone the day that the people of cratically elected government in Cuba, Gephardt Manton Shadegg Geren Manzullo Shaw Cuba will live in freedom and democracy. and for other purposes, pursuant to Gilchrest Martini Shays A vote for this bill is a vote in support of House Resolution 225, he reported the Gillmor Mascara Shuster those trying to build democracy in a land that bill back to the House with an amend- Gilman Matsui Skeen desperately wants freedom. Goodlatte McCarthy Skelton ment adopted by the Committee of the Goodling McCollum Smith (MI) This bill will help that day of liberty come Whole. Gordon McCrery Smith (NJ) sooner. This is our duty as Americans. The SPEAKER pro tempore. Under Goss McDade Smith (TX) Mr. NADLER. Mr. Chairman, I rise in sup- Graham McHugh Smith (WA) the rule, the previous question is or- Green McInnis Solomon port of the amendment offered by the gen- dered. Greenwood McIntosh Souder tleman from Washington. This amendment, Is a separate vote demanded on the Gunderson McKeon Spence which includes the text of my bill, H.R. 1700, amendment to the amendment in the Gutierrez McNulty Spratt would lift the embargo against Cuba on the Gutknecht Meek Stearns nature of a substitute adopted by the Hall (TX) Menendez Stenholm sale of medicines, medical supplies and equip- Committee of the Whole? If not, the Hancock Metcalf Stockman ment, and food. It is an appropriate amend- question is on the amendment in the Hansen Meyers Stump ment and would bring to an end a policy that Hastert Mica Talent nature of a substitute. Hastings (WA) Miller (FL) Tate is unworthy of this great Nation. The amendment in the nature of a Hayworth Mineta Tauzin I realize that most of my colleagues support substitute was agreed to. Hefley Molinari Taylor (NC) the embargo against Cuba and support this Heineman Mollohan Tejeda legislation that will tighten that embargo to b 1215 Herger Montgomery Thomas Hilleary Moorhead Thornberry new and even more absurd heights. That is The SPEAKER pro tempore (Mr. Hobson Murtha Thurman not the issue before us in this amendment. LAHOOD). The question is on the en- Hoekstra Myers Tiahrt What this amendment asks us is, should the grossment and third reading of the bill. Hoke Myrick Torkildsen U.S. demonstrate its disapproval of another Holden Nethercutt Torricelli The bill was ordered to be engrossed Horn Neumann Traficant government by cutting off the sale of food and and read a third time, and was read the Houghton Ney Upton medicine to civilians, the elderly, the young, third time. Hoyer Norwood Volkmer and the sick? Hunter Nussle Vucanovich The SPEAKER pro tempore. The Hutchinson Ortiz Waldholtz Historically, no matter how repugnant we question is on the passage of the bill. Hyde Oxley Walker have found the behavior of other govern- The question was taken; and the Inglis Packard Walsh ments, the United States has not resorted to Speaker pro tempore announced that Istook Pallone Wamp this immoral and inhuman form of pressure. Johnson (CT) Paxon Watts (OK) the ayes appeared to have it. Johnson, Sam Peterson (MN) Weldon (FL) When the Pinochet dictatorship in Chile set RECORDED VOTE Jones Petri Weldon (PA) off a terrorist bomb on the streets of Washing- Kaptur Pickett Weller ton, killing an American citizen, we didn't pun- Mr. JOHNSTON of Florida. Mr. Kasich Pombo White ish the Chilean people by embargoing food Speaker, I demand a recorded vote. Kelly Pomeroy Whitfield A recorded vote was ordered. Kennedy (RI) Porter Wicker and medicine. Kennelly Portman Wilson The Chinese Government brutally op- The vote was taken by electronic de- Kim Poshard Wolf presses human rights from Beijing to Lhasa vice, and there were—ayes 294, noes 130, King Pryce Young (AK) not voting 10, as follows: Kingston Quillen Young (FL) and is rewarded by this Congress with most- Klug Quinn Zeliff favored-nation treatment. [Roll No. 683] Knollenberg Radanovich Zimmer Salvadoran Government-run death squads AYES—294 slaughtered tens of thousands of civilians, in- Ackerman Brown (OH) Cox NOES—130 cluding four American nuns and the Arch- Allard Brownback Cramer Abercrombie Dooley Johnston bishop of San Salvador, and El Salvador was Andrews Bryant (TN) Crane Baesler Eshoo Kanjorski Archer Bunn Crapo Baldacci Evans Kennedy (MA) rewarded with United States aid. Armey Bunning Cremeans Barrett (NE) Farr Kildee Even when we went to war against Iraq, Bachus Burr Cubin Barrett (WI) Fattah Kleczka there was not embargo on food and medicine. Baker (CA) Burton Cunningham Becerra Fields (LA) Klink Baker (LA) Buyer Danner Beilenson Filner LaFalce So what has Cuba done that merits this sort Ballenger Callahan Davis Bereuter Flake Lewis (GA) of inhuman treatment? Clearly, the Members Barcia Calvert de la Garza Berman Foglietta Lincoln of this House are so accustomed to voting for Barr Camp Deal Bonior Ford Lofgren sanctions against Cuba that we have lost any Bartlett Canady DeLay Boucher Frank (MA) Lowey Barton Cardin Deutsch Brewster Furse Luther sense of proportion. Bass Castle Diaz-Balart Brown (CA) Gejdenson Maloney I certainly understand that most Members of Bateman Chabot Dickey Bryant (TX) Gibbons Markey Congress want to seem tough on Cuba. I Bentsen Chambliss Doolittle Clayton Gonzalez Martinez Bevill Chapman Dornan Clement Hall (OH) McDermott know that's where the votes are today. But in Bilbray Chenoweth Doyle Clyburn Hamilton McHale our zeal to be the big cowboy in the hemi- Bilirakis Christensen Dreier Collins (IL) Harman McKinney sphere, we should not lose sight of fundamen- Bishop Chrysler Duncan Collins (MI) Hayes Meehan tal decency. The embargo on food and medi- Bliley Clinger Dunn Conyers Hefner Mfume Blute Coble Durbin Coyne Hilliard Miller (CA) cine is wrong; it is immoral, and it brings dis- Boehlert Coburn Edwards DeFazio Hinchey Minge honor to the United States. Boehner Coleman Ehlers DeLauro Hostettler Mink I urge the adoption of the amendment. Bonilla Collins (GA) Ehrlich Dellums Jackson-Lee Moran The CHAIRMAN. The question is on Bono Combest Emerson Dicks Jacobs Morella Borski Condit Engel Dingell Jefferson Nadler the amendment in the nature of a sub- Browder Cooley English Dixon Johnson (SD) Neal stitute, as amended. Brown (FL) Costello Ensign Doggett Johnson, E. B. Oberstar September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9399 Obey Rush Torres Res. 227) providing for consideration of Mrs. SCHROEDER. Mr. Speaker, the Olver Sabo Towns the bill (H.R. 1170) to provide that gentleman from California is normally Orton Sanders Velazquez Owens Sawyer Vento cases challenging the constitutionality a person who does not flaunt his back- Parker Schroeder Visclosky of measures passed by State referen- ground and so forth, and speaks about Pastor Schumer Ward dum be heard by a three-judge court, defense from, you know, his philosophi- Payne (NJ) Serrano Watt (NC) which was referred to the House Cal- cal ideas and so forth. Payne (VA) Skaggs Waxman Pelosi Slaughter But I just want to say I ran across a Williams endar and ordered to be printed. Peterson (FL) Stark Wise f Marine yearbook today, and I uncov- Rangel Studds Woolsey ered in here that the gentleman from Reed Stupak REPORT ON RESOLUTION PROVID- Richardson Tanner Wyden California has had a very distinguished Rivers Taylor (MS) Wynn ING FOR CONSIDERATION OF career as a Marine, if, indeed, the gen- Roemer Thompson Yates H.R. 1601, INTERNATIONAL SPACE tleman from California is exactly the Roybal-Allard Thornton STATION AUTHORIZATION ACT same RONALD V. DELLUMS who is in NOT VOTING—10 OF 1995 here was in the Merit Platoon. I just Clay Salmon Tucker Mr. SOLOMON, from the Committee want to say if this is the same gen- Hastings (FL) Scott Waters on Rules, submitted a privileged report tleman, I hope everybody listens to Moakley Sisisky this gentleman because if there is any- Reynolds Stokes (Rept. No. 104–258) on the resolution (H. Res. 228) providing for the consider- thing the Marines know about, it is b 1238 ation of the bill (H.R. 1601) to authorize readiness. Mr. OWENS changed his vote from appropriations to the National Aero- So is the gentleman from California ‘‘aye’’ to ‘‘no.’’ nautics and Space Administration to the same one I am seeing here? Mr. COSTELLO, Mr. RAHALL, Mrs. develop, assemble, and operate the Mr. DELLUMS. The gentleman is the same gentleman, about 40-some years KENNELLY, and Ms. MCCARTHY international space station, which was changed their vote from ‘‘no’’ to ‘‘aye.’’ referred to the House Calendar and or- old, however. Mrs. SCHROEDER. The Marines So the bill was passed. dered to be printed. would be very pleased that the gen- The result of the vote was announced f as above recorded. tleman has not forgotten his training A motion to reconsider was laid upon APPOINTMENT OF CONFEREES ON about readiness. I truly support the the table. H.R. 1530, NATIONAL DEFENSE gentleman’s motion to instruct, and I AUTHORIZATION ACT FOR FIS- thank the gentleman. f CAL YEAR 1996 Mr. DELLUMS. I thank my distin- PERSONAL EXPLANATION guished colleague. Mr. SPENCE. Mr. Speaker, I ask Mr. Speaker, I thank the gentle- Mr. HASTINGS of Florida. Mr. unanimous consent to take from the woman for her generous remarks. Speaker, on rollcall 683, I was unavoid- Speaker’s table the bill (H.R. 1530) to Mr. Speaker, I rise to offer a motion ably detained. Had I been present, I authorize appropriations for fiscal year to instruct conferees on the bill, H.R. would have voted ‘‘aye.’’ 1996 for military activities of the De- 1530, the national defense authorization f partment of Defense, for military con- bill. struction, and for defense activities of Mr. Speaker, Members of the House, GENERAL LEAVE the Department of Energy, to prescribe this motion is very simple. It would as- Mr. BURTON of Indiana. Mr. Speak- personnel strengths for such fiscal year sert that the House conferees insist on er, I ask unanimous consent that all for the Armed Forces, and for other retaining the amounts that we have al- Members may have 5 legislative days purposes, with Senate amendments ready voted to provide for the suffi- within which to revise and extend their thereto, disagree to the Senate amend- cient training and readiness of our remarks and include extraneous mate- ments, and agree to the conference Armed Forces personnel. rial on H.R. 927, the bill just passed. asked by the Senate. Let me take a few moments to place The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. Is there this motion in its proper context. LAHOOD). Is there objection to the re- objection to the request of the gen- Mr. Speaker, the President requested quest of the gentleman from Indiana? tleman from South Carolina? $91.9 billion for readiness, fiscal year There was no objection. There was no objection. 1996. The House bill contains $94.7 bil- MOTION TO INSTRUCT CONFEREES OFFERED BY f lion for readiness. The Senate bill con- MR. DELLUMS tains only $91.7 billion. REPORT ON RESOLUTION PROVID- Mr. DELLUMS. Mr. Speaker, I offer a The conference, overall, will add ING FOR CONSIDERATION OF motion. about $7.1 billion to the President’s H.R. 743, THE TEAMWORK FOR The Clerk read as follows: overall budget request for this fiscal EMPLOYEES AND MANAGERS Mr. DELLUMS moves that the managers on year for defense. In this gentleman’s ACT OF 1995 the part of the House at the conference on humble opinion, Mr. Speaker, we the disagreeing votes of the two Houses on should not use all of this additional Mr. SOLOMON, from the Committee the amendment of the Senate to the bill H.R. money for what I believe to be unneces- on Rules, submitted a privileged report 1530 be instructed to insert upon amounts for (Rept. No. 104–256) on the resolution (H. authorization of appropriations for Oper- sary hardware programs. Instead, we Res. 226) providing for the consider- ations and Maintenance accounts such that should retain the training and readi- ation of the bill (H.R. 743) to amend the the total amount of such authorizations is ness funds the House made available to not less than the total amount authorized National Labor Relations Act to allow our men and women in uniform. for Operation and Maintenance accounts in The majority members on the Com- labor management cooperative efforts section 301 of the House bill. mittee on National Security started off that improve economic competitive- The SPEAKER pro tempore. The gen- the year, Mr. Speaker, with a series of ness in the United States to continue tleman from California [Mr. DELLUMS] hearings outlining what they consid- to thrive, and for other purposes, which will be recognized for 30 minutes, and ered to be the unfunded readiness needs was referred to the House Calendar and the gentleman from South Carolina of the service. Indeed, if you will re- ordered to be printed. [Mr. SPENCE] will be recognized for 30 call, Mr. Speaker, they claim in the f minutes. bill, H.R. 7, that came to this floor, The Chair recognizes the gentleman REPORT ON RESOLUTION PROVID- voted upon by this body, and else- from California [Mr. DELLUMS]. ING FOR CONSIDERATION OF where, that insufficient funds for readi- Mr. DELLUMS. Mr. Speaker, I yield H.R. 1170, THREE-JUDGE COURT ness threaten the imminent return to myself such time as I may consume. the hollow forces of the 1970’s. FOR CERTAIN INJUNCTIONS Mrs. SCHROEDER. Mr. Speaker, will Mr. SOLOMON, from the Committee the gentleman yield? b 1245 on Rules, submitted a privileged report Mr. DELLUMS. I yield to the gentle- Whether my colleagues agreed or dis- (Rept. No. 104–257) on the resolution (H. woman from Colorado. agreed with that position, that was the H 9400 CONGRESSIONAL RECORD — HOUSE September 21, 1995 assertion of the majority party in top line, and over the last several Defense bills. Approximately $1.9 bil- these Chambers in H.R. 7 and in a se- months I have tried to argue that case, lion of this $2.6 billion reconciliation ries of hearings before the Committee I am doubly certain that we need not effort has occurred in the operations on National Security. As a result of all raid our readiness accounts to pay for and maintenance accounts. While that of that, they increased the readiness unneeded cold war weapon systems might seem like a significant cut, it is budget by over $2.8 billion over the that no longer are appropriate. The not, since all of the funds cut lacked an President’s request and stated on the dire forecast the majority makes re- appropriation. Therefore, they rep- floor of these Chambers that the bal- garding our modernization accounts, resented a hollow authorization. ance between readiness and moderniza- Mr. Speaker, fails to account for the H.R. 1530 still authorizes operations tion was the appropriate balance. The fact that we have been able to defer and maintenance funding at almost $93 House report accompanying H.R. 1530 procurement requirements over the billion—close to $1 billion over the states in part, and I quote: past few years due to the carefully President’s request. In five main readi- The committee has recommended addi- managed utilization of excess weapons ness categories beyond the traditional tional spending in core readiness accounts systems and platforms that have re- operational tempo accounts—depot such as depot maintenance, . . . real prop- sulted from force structure reductions. maintenance, real property mainte- erty maintenance to begin addressing what Simply stated, as we have downsized nance, base operations, mobility en- is likely to be a 30- to 50-year problem of halting the deterioration of base support fa- our military, we have excess property, hancement, and Reserve component cilities, mobility enhancements to allow and in managing that excess property readiness—H.R. 1530 is $1.6 billion over more timely deployment of forces and re- there has been no need for us to esca- the President’s request and $1.1 billion serve component readiness. late in our procurement account be- over the Senate bill. Of the four De- Mr. Speaker, if the majority of the cause we are now dealing with materiel fense bills, H.R. 1530 contains the high- House National Security Committee that is in excess, and we can move est operations and maintenance fund- now feels that there has been signifi- along those lines, and that has been ing levels and is almost identical to the cant change in the readiness posture of carefully drawn and carefully dealt House-passed Defense appropriations this country, then I believe the Mem- with. levels for these accounts. bers of the House deserve an expla- Mr. Speaker, I believe that our first The committee has always been con- nation of what happened to change priority in this conference should be to cerned with military readiness and will their minds. If, in fact the premise on insure that our troops, active and re- continue to address readiness prob- which days and days of hearings that serve components, are trained and lems, as well as quality of life and were held that were calculated to make ready to meet the task which they can modernization, shortfalls as a priority. the case that near-term readiness of reasonably expect to be called on to Therefore, as we head into conference our military was indeed in dangerous perform. with the Senate, I welcome the gentle- peril, is no longer a compelling factor, Therefore, for all these reasons, Mr. man’s support on the critical issue of then we need to know why, and the Speaker, I ask my colleagues on both readiness funding, and I stand prepared proposition before the body that this sides of the aisle in a bipartisan fash- to accept the motion. gentleman offered is calculated to ask ion to join with me in an effort to pre- Mr. Speaker, I reserve the balance of that question. vent shifting more funds out of the my time. If, however, the majority of the com- readiness account, an argument that Mr. DELLUMS. Mr. Speaker, I yield mittee has made the political decision was stated in a very powerful fashion myself such time as I may consume. and I underscore ‘‘political decision’’ over the last several months at the Mr. Speaker, I thank the distin- that the readiness issue is secondary to level of subcommittee, full committee, guished gentleman from South Caro- their need to deliver certain procure- and an action taken before the body, lina [Mr. SPENCE] for his support. I ment projects, then let the record re- and with those remarks, Mr. Speaker, I think that that guarantees that this flect that fact. reserve the balance of my time. would be a bipartisan effort as we move So the proposition before the body is Mr. SPENCE. Mr. Speaker, I yield into the conference with the other designed to either say, ‘‘You believed myself such time as I may consume. body, and I deeply am appreciative of in what you were saying in H.R. 7, you (Mr. SPENCE asked and was given the gentleman’s remarks and his sup- believed in what you were saying in the permission to revise and extend his re- port. Contract for American, you believed in marks.) Mr. Speaker, I yield 5 minutes to the what you were saying during the series Mr. SPENCE. Mr. Speaker, I rise in gentleman from South Carolina [Mr. of hearings, you believed what you said support of the gentleman’s initiative SPRATT], my distinguished colleague. in H.R. 1530 about readiness, and you and to let him know that I support his (Mr. SPRATT asked and was given feel that it is important to maintain motion, and I also welcome him to sup- permission to revise and extend his re- it,’’ or that, ‘‘As you view the changing port for the readiness of our military marks.) circumstances in the world, that that forces. I also rise to encourage all of Mr. SPRATT. Mr. Speaker, one of the is no longer a compelling reason.’’ my colleagues to join with us in our first bills brought to the floor in keep- Then step back; explain that to the continuing efforts to ensure that the ing with the Contract For America was body. Let us move forward. Or, as I United States maintains a ready mili- H.R. 7, the National Defense Revital- said, to repeat, ‘‘If you make the politi- tary force. ization Act. Its very title implies that cal decision that you now can trade off Because the gentleman’s motion ref- our Armed Forces are not ready, that readiness, which you made such a large erences specific figures, I need to re- they lack vitality. Now I question that issue over the last several weeks and mind my colleagues that H.R. 1530 assessment. But there is some findings months, and you are more interested in passed the House before a final budget in the preamble of that bill, and I procuring weapons systems than readi- resolution had been agreed upon. Con- would just like to read them again so ness, then make that statement so that sequently, H.R. 1530’s top-line reflected that those who voted for it can be re- we understand where we are.’’ the House-passed budget resolution fig- minded of what assessment is con- In either case, Mr. Speaker, I believe ures for Defense, which ended up being tained in that bill. It says, that the Members of this body deserve approximately $2.6 billion over the fis- A return to the ‘‘hollow forces’’ of the to know what has happened in the in- cal year 1996 Defense top-line figure in 1970’s has already begun. At the end of fiscal tervening months since the readiness the final budget resolution. The Sen- year 1994, one-third of the units in the Army hearings that has allowed our commit- ate’s Defense authorization bill and contingency force and all of the forward-de- tee’s majority to feel so much more re- both Defense appropriations bills were ployed and follow-on Army divisions were re- laxed about what they claimed to be a passed based on the final budget resolu- porting a reduced state of military readiness. During fiscal year 1994, training readiness problem of Draconian proportions just tion Defense figures. declined for the Navy’s Atlantic and Pacific a few short weeks ago. In order to conference with the Sen- fleets. Funding shortfalls for that fiscal year While I have expressed my own per- ate, we obviously have to reconcile the resulted in a grounding of Navy and Marine sonal doubts as a Member of this body higher figures in H.R. 1530 with the Corps aircraft squadrons and cancellation that we need an increase in the defense final budget resolution and the other and curtailment of Army training exercises. September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9401 Marine and naval personnel are not main- This ability to provide flexible re- point of order that a quorum is not taining the standard 12- to 18-month respite sponse is not without cost either in present. between 6-month deployments away from equipment or to our people. The serv- The SPEAKER pro tempore. Evi- home. Marine Corps units are spending up to 2 of their first 4 years away from their base ices have had to switch money away dently a quorum is not present. camps. The significantly increased pace of from training to respond to these con- The Sergeant at Arms will notify ab- Department of Defense operations has U.S. tingencies and valuable training oppor- sent Members. Forces overdeployed. tunities have been lost. Does the gentleman from South Now these findings are, I think, over Our first priority is to provide our Carolina [Mr. SPENCE] have a unani- some. They run counter to the Penta- military personnel with what they mous-consent request? gon’s assertions that our troops on the need to fight, to win, and to return Mr. SPENCE. Mr. Speaker, I ask whole, with some exceptions, are home safely after having answered unanimous consent that the automatic ready, but following on these premises their country’s call. They are among record vote on the motion to close the and these concerns, our committee in the finest young people our country conference under clause 6, rule XXVIII its markup of the defense authoriza- has to offer. They serve their country be reduced to 5 minutes. tion bill this year, our committee out of a sense of duty. At the same The SPEAKER pro tempore. Is there added by my calculation $2.8 billion to time, these men and women expect any objection to the request of the gen- the administration’s request of $91.9 Congress to give them the resources tleman from South Carolina? billion for readiness. That is a 3-per- they need to do their jobs. They also There was no objection. cent plus up. The Senate Armed Serv- expect Congress to provide them a rea- The vote was taken by electronic de- ices Committee on the other hand pro- sonable quality of life for themselves vice, and there were—yeas 415, nays 2, vided $800 million less than the Clinton and for their families, and a place in not voting 17, as follows: which to train and work that will allow administration requested. [Roll No 684] So, this motion before us is very sim- them to give the best of themselves. ple. It says, ‘‘Stick to your guns. Stand Congress must live up to this commit- YEAS—415 by the House’s position on the issue of ment. Abercrombie Condit Ganske Ackerman Conyers Gejdenson readiness.’’ Mr. Speaker, the operations tempo in Allard Cooley Gekas This is an opportunity to act once our military remains high. The service Andrews Costello Gephardt again on our readiness concerns, which chiefs have reported that the force is Archer Cox Geren I think all of us to one degree or an- stretched thin; that readiness is being Armey Coyne Gibbons Bachus Cramer Gilchrest other share. If we think our forces are impacted by a high current optempo; Baesler Crane Gillmor in any way in a downward spiral, or and that certain units are deploying re- Baker (CA) Crapo Gilman that they are overdeployed, or if we peatedly in support of contingency op- Baker (LA) Cremeans Gonzalez think we are trending back or slipping Baldacci Cubin Goodlatte erations. Ballenger Cunningham Goodling down the slippery slope to the hollow This high optempo has occurred at Barcia Danner Gordon forces of the 1970’s, then a 3-percent the same time U.S. force structure and Barr Davis Goss plus up is a modest step indeed to re- defense budgets have been dramati- Barrett (NE) de la Garza Graham verse that trend. Barrett (WI) Deal Green cally reduced. U.S. Forces continue to Bartlett DeFazio Greenwood Mr. Speaker, I urge my colleagues to be asked to do more and more with less Barton DeLauro Gunderson stand by the House’s position on readi- and less. Bass DeLay Gutierrez ness, to stiffen the resolve of our con- The most important component of Bateman Dellums Gutknecht ferees, and to vote for this motion. Becerra Deutsch Hall (OH) readiness is people. The people serving Beilenson Diaz-Balart Hall (TX) Mr. SPENCE. Mr. Speaker, I yield in uniform today were selectively re- Bentsen Dickey Hamilton myself such time as I may consume. cruited and carefully trained. They are Bereuter Dicks Hancock Mr. Speaker, I do not have any other Berman Dingell Hansen truly the finest force that the United requests for time. I would just like to Bevill Dixon Harman States has ever had. Bilbray Doggett Hastert thank our colleagues on the other side Readiness must be preserved both in Bilirakis Dooley Hastings (FL) of the aisle for supporting readiness, the near term and in the long term. Bishop Doolittle Hastings (WA) and, as I said before, I support the mo- Bliley Dornan Hayes Readiness problems compound quickly tion. Blute Doyle Hayworth and cannot be repaired easily or inex- Boehlert Dreier Hefley Mr. DELLUMS. Mr. Speaker, I yield 3 Bonilla Duncan Hefner minutes to the gentleman from Vir- pensively. The military personnel that we put in harm’s way deserve a full and Bonior Dunn Heineman ginia [Mr. PICKETT], my distinguished Bono Durbin Herger colleague. continuing commitment from this Con- Borski Edwards Hilleary (Mr. PICKETT asked and was given gress. The House of Representatives Boucher Ehlers Hilliard has met that commitment to readiness Brewster Ehrlich Hinchey permission to revise and extend his re- Brown (CA) Emerson Hobson marks.) in the DOD bill that we passed. I urge Brown (FL) Engel Hoekstra Mr. PICKETT. Mr. Speaker, I thank my colleagues to ratify this effort by Brown (OH) English Hoke voting for this motion to instruct Brownback Ensign Holden the gentleman for yielding me this Bryant (TN) Eshoo Horn time. House conferees to support the higher Bryant (TX) Evans Hostettler Mr. Speaker, 1995 has been a busy House figure for readiness and to reject Bunn Everett Houghton year for the U.S. military. Our Nation the lower Senate figure. Bunning Ewing Hoyer called repeatedly upon its Active and Burr Farr Hunter b 1300 Burton Fattah Hutchinson Reserve Forces to represent and pro- Buyer Fawell Hyde tect our national interests all around Mr. DELLUMS. Mr. Speaker, at this Callahan Fazio Inglis the world. time I have no further requests for Calvert Fields (LA) Istook The U.S. Armed Forces were able to time, and I yield back the balance of Camp Fields (TX) Jackson-Lee Canady Filner Jacobs respond to the call in Asia, in Europe, my time. Cardin Flake Jefferson in Africa and elsewhere, in part, be- Mr. SPENCE. Mr. Speaker, I yield Castle Flanagan Johnson (CT) cause this Congress and the American back the balance of my time. Chabot Foglietta Johnson (SD) The SPEAKER pro tempore (Mr. Chambliss Forbes Johnson, E. B. people have provided the military with Chapman Ford Johnson, Sam the necessary assets and training to do LINDER). The question is on the motion Christensen Fowler Jones the job. offered by the gentleman from Califor- Chrysler Fox Kanjorski Men and women in uniform re- nia [Mr. DELLUMS]. Clayton Frank (MA) Kaptur Clement Franks (CT) Kasich sponded to each challenge in a manner The question was taken; and the Clinger Franks (NJ) Kelly that makes all Americans proud. They Speaker pro tempore announced that Coble Frelinghuysen Kennedy (MA) have responded to the call to duty the ayes appeared to have it. Coburn Frisa Kennedy (RI) largely without complaint and served Mr. DELLUMS. Mr. Speaker, I object Coleman Frost Kennelly Collins (GA) Funderburk Kildee their country with honor and distinc- to the vote on the grounds that a Collins (IL) Furse Kim tion. quorum is not present, and make the Combest Gallegly King H 9402 CONGRESSIONAL RECORD — HOUSE September 21, 1995 Kingston Neal Skeen PERSONAL EXPLANATION Frelinghuysen Linder Rogers Kleczka Nethercutt Skelton Frisa Lipinski Rohrabacher Klink Ney Slaughter Mr. FOLEY. Mr. Speaker, on rollcall No. Frost Livingston Ros-Lehtinen Klug Norwood Smith (MI) 684, a motion to instruct conferees, I was de- Funderburk LoBiondo Rose Knollenberg Nussle Smith (NJ) tained in a meeting and unable to reach the Furse Lofgren Roth LaFalce Oberstar Smith (TX) Gallegly Longley Roukema LaHood Obey Smith (WA) floor before the voting machine was locked. Ganske Lowey Roybal-Allard Lantos Olver Solomon Had I been present, I would have voted ``yea.'' Gejdenson Lucas Royce Largent Ortiz Gekas Luther Rush Souder f Latham Orton Spence Gephardt Maloney Sabo LaTourette Owens Spratt Geren Manton Salmon Laughlin Oxley Stark MOTION TO CLOSE CONFERENCE Gibbons Manzullo Sanders Lazio Packard Stearns COMMITTEE MEETINGS ON H.R. Gilchrest Markey Sanford Leach Pallone Stenholm Gillmor Martinez Sawyer Levin Parker 1530, NATIONAL DEFENSE AU- Stockman Gilman Martini Saxton Lewis (CA) Pastor THORIZATION ACT FOR FISCAL Studds Gonzalez Mascara Scarborough Lewis (GA) Paxon Stump YEAR 1996, WHEN CLASSIFIED Goodlatte Matsui Schaefer Lewis (KY) Payne (NJ) NATIONAL SECURITY INFORMA- Goodling McCarthy Schiff Lightfoot Payne (VA) Stupak Gordon McCollum Schroeder Lincoln Pelosi Talent TION IS UNDER CONSIDERATION Goss McCrery Schumer Linder Peterson (FL) Tanner Mr. SPENCE. Mr. Speaker, pursuant Scott Lipinski Peterson (MN) Tate Graham McDade Livingston Pickett Tauzin to clause 6(a) of rule XXVIII I move Green McDermott Seastrand LoBiondo Pombo Taylor (MS) that conference committee meetings Greenwood McHale Sensenbrenner Lofgren Pomeroy Taylor (NC) on the bill H.R. 1530, to authorize ap- Gunderson McHugh Serrano Longley Porter Tejeda Gutierrez McInnis Shadegg Lowey Portman Thomas propriations for fiscal year 1996 for Gutknecht McIntosh Shaw Lucas Poshard Thompson military activities of the Department Hall (OH) McKeon Shays Luther Pryce Thornberry of Defense, for military construction, Hall (TX) McKinney Shuster Maloney Quillen Thornton and for defense programs of the Depart- Hamilton McNulty Skaggs Manton Radanovich Thurman Hancock Meehan Skeen Manzullo Rahall Tiahrt ment of Energy, to prescribe personnel Hansen Meek Skelton Markey Ramstad Torkildsen strengths for such fiscal year for the Harman Menendez Slaughter Martinez Rangel Torres Armed Forces, and for other purposes, Hastert Metcalf Smith (MI) Martini Reed Torricelli be closed to the public at such times as Hastings (FL) Meyers Smith (NJ) Mascara Regula Towns Hastings (WA) Mfume Smith (TX) Matsui Richardson Traficant classified national security informa- Hayes Mica Smith (WA) McCarthy Riggs Upton tion is under consideration, provided, Hayworth Miller (CA) Solomon McCollum Rivers Velazquez however, that any sitting Member of Hefley Miller (FL) Souder McCrery Roberts Vento Congress shall have the right to attend Hefner Mineta Spence McDade Roemer Visclosky Heineman Minge Spratt McDermott Rogers Volkmer any closed or open meeting. Herger Mink Stark McHale Rohrabacher Vucanovich The SPEAKER pro tempore. Pursu- Hilleary Molinari Stearns McHugh Ros-Lehtinen Waldholtz ant to clause 6(a) of rule XXVIII, the Hilliard Mollohan Stenholm McInnis Rose Walker Hinchey Montgomery Stockman McIntosh Roth Walsh vote on this motion will be taken by Hobson Moorhead Studds McKeon Roukema Wamp the yeas and nays. Hoekstra Moran Stump McKinney Roybal-Allard Ward This is a 5-minute vote. Hoke Morella Stupak McNulty Royce Watt (NC) Holden Murtha Talent Meehan Rush The vote was taken by electronic de- Watts (OK) Horn Myers Tanner Meek Sabo Waxman vice, and there were—yeas 414, nays 1, Hostettler Myrick Tate Menendez Salmon Weldon (FL) not voting 19, as follows: Houghton Nadler Tauzin Metcalf Sanders Weldon (PA) Hoyer Neal Taylor (MS) Meyers Sanford [Roll No 685] Hunter Nethercutt Taylor (NC) Mfume Sawyer Weller YEAS—414 Hutchinson Neumann Tejeda Mica Saxton White Hyde Ney Thomas Miller (CA) Scarborough Whitfield Abercrombie Bryant (TX) Deutsch Norwood Thompson Miller (FL) Schaefer Wicker Ackerman Bunn Diaz-Balart Inglis Mineta Schiff Williams Allard Bunning Dickey Istook Nussle Thornberry Minge Schroeder Wilson Archer Burr Dicks Jackson-Lee Oberstar Thornton Molinari Schumer Wise Armey Buyer Dingell Jacobs Obey Thurman Mollohan Scott Wolf Bachus Callahan Dixon Jefferson Olver Tiahrt Montgomery Seastrand Woolsey Baesler Calvert Doggett Johnson (CT) Ortiz Torkildsen Moorhead Sensenbrenner Wyden Baker (CA) Camp Dooley Johnson (SD) Orton Torres Moran Serrano Wynn Baker (LA) Canady Doolittle Johnson, E. B. Owens Torricelli Morella Shadegg Yates Baldacci Cardin Dornan Johnson, Sam Oxley Towns Murtha Shaw Young (AK) Ballenger Castle Doyle Jones Packard Traficant Myers Shays Young (FL) Barcia Chabot Dreier Kanjorski Pallone Upton Myrick Shuster Zeliff Barr Chambliss Duncan Kaptur Parker Velazquez Nadler Skaggs Zimmer Barrett (NE) Chapman Dunn Kasich Pastor Vento Barrett (WI) Christensen Durbin Kelly Paxon Visclosky NAYS—2 Bartlett Chrysler Edwards Kennedy (MA) Payne (NJ) Volkmer Barton Clayton Ehlers Neumann Petri Kennedy (RI) Payne (VA) Vucanovich Bass Clement Ehrlich Kildee Pelosi Waldholtz NOT VOTING—17 Bateman Clinger Emerson Kim Peterson (FL) Walker Becerra Coble Engel King Peterson (MN) Walsh Boehner Foley Reynolds Beilenson Coburn English Kingston Petri Wamp Browder Johnston Sisisky Bentsen Collins (GA) Ensign Kleczka Pickett Ward Chenoweth Kolbe Stokes Bereuter Collins (IL) Eshoo Klink Pombo Watts (OK) Clay Mink Tucker Berman Collins (MI) Evans Klug Pomeroy Weldon (FL) Clyburn Moakley Waters Bevill Combest Everett Knollenberg Porter Weldon (PA) Collins (MI) Quinn Bilbray Condit Ewing Kolbe Portman Weller Bilirakis Conyers Farr b 1320 LaFalce Poshard White Bishop Cooley Fattah LaHood Pryce Whitfield Mr. PETRI changed his vote from Bliley Costello Fawell Lantos Quillen Wicker Blute Cox Fazio ‘‘yea’’ to ‘‘nay.’’ Largent Quinn Williams Boehlert Coyne Fields (LA) Latham Radanovich Wise So the motion was agreed to. Boehner Cramer Fields (TX) LaTourette Rahall Wolf The result of the vote was announced Bonilla Crane Filner Laughlin Ramstad Woolsey as above recorded. Bonior Crapo Flake Lazio Reed Wyden Bono Cremeans Flanagan Leach Regula Wynn f Borski Cubin Foglietta Levin Richardson Yates Boucher Cunningham Foley Lewis (GA) Riggs Young (AK) PERSONAL EXPLANATION Brewster Danner Forbes Lewis (KY) Rivers Young (FL) Browder Davis Ford Lightfoot Roberts Zeliff Mr. KOLBE. Mr. Speaker, on rollcall No. Brown (CA) de la Garza Fowler Lincoln Roemer Zimmer 684, I was inadvertently not recorded. al- Brown (FL) Deal Fox Brown (OH) DeLauro Frank (MA) though I was on the floor during the vote. Had Brownback DeLay Franks (CT) NAYS—1 I been recorded, I would have voted ``yea.'' Bryant (TN) Dellums Franks (NJ) DeFazio September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9403 NOT VOTING—19 the Senate amendment, and modifica- As additional conferees from the Andrews Kennelly Tucker tions committed to conference: Committee on the Judiciary, for con- Burton Lewis (CA) Waters Messrs. BLILEY, SCHAEFER, and DIN- sideration of sections 831 (only as it Chenoweth Moakley Watt (NC) GELL. Clay Rangel adds a new section 27(d) to the Office of Waxman Provided, Mr. OXLEY is appointed in Clyburn Reynolds Wilson Federal Procurement Policy Act), and Coleman Sisisky lieu of Mr. SCHAEFER for consideration 850–96 the House bill and sections 525, Johnston Stokes of sections 323, 2824, and 3107 of the 1075, and 1098 of the Senate amend- b 1331 Senate amendment. ment, and modifications committed to Provided, Mr. BILIRAKIS is appointed conference: So the motion was agreed to. in lieu of Mr. SCHAEFER for consider- Messrs. HYDE, GEKAS, and CONYERS. The result of the vote was announced ation of section 601 of the House bill As additional conferees from the as above recorded. and sections 601, 705, and 734 of the Sen- Committee on Rules, for consideration A motion to reconsider was laid on ate amendment. of section 3301 of the Senate amend- the table. Provided, Mr. HASTERT is appointed ment, and modifications committed to The SPEAKER pro tempore (Mr. in lieu of Mr. SCHAEFER for consider- conference: LINDER). Without objection, the Chair ation of sections 2851–57 of the Senate Messrs. SOLOMON, DREIER, and BEIL- appoints the following conferees: amendment. ENSON. From the Committee on National Se- As additional conferees from the As additional conferees from the curity, for consideration of the House Committee on Economic and Edu- Committee on Science, for consider- bill (except for sections 801–03, 811–14, cational Opportunities, for consider- ation of sections 203, 211, and 214 of the 826, 828–32, 834–38, 842–43, 850–96) and the ation of section 394 of the House bill, House bill and sections 220–21, 3137, Senate amendment except for sections and sections 387 and 2813 of the Senate 4122(a)(3), 4161, 4605, and 4607 of the Sen- 801–03, 815–818, 2851–57, and 4001–4801), amendment, and modifications com- ate amendment, and modifications and modifications committted to con- mitted to conference: committed to conference: ference: Messrs. GOODLING, RIGGS, and CLAY. Messrs. WALKER, SENSENBRENNER, As additional conferees from the Messrs. SPENCE, STUMP, HUNTER, KA- and BROWN (CA). SICH, BATEMAN, HANSEN, WELDON (PA), Committee on Government Reform and As additional conferees from the DORNAN, HEFLEY, SAXTON, CUNNINGHAM, Oversight, for consideration of sections Committee on Transportation and In- BUYER, TORKILDSEN, Mrs. FOWLER, and 332, 333, and 338 of the House bill, and frastructure, for consideration of sec- Messrs. MCHUGH, WATTS (OK), JONES, sections 333 and 336–43 of the Senate tions 223, 322, 2824, and 2851–57 of the LONGLEY, DELLUMS, MONTGOMERY, Mrs. amendment, and modifications com- Senate amendment, and modifications SCHROEDER, and Messrs. SKELTON, SISI- mitted to conference: committed to conference: Messrs. CLINGER, MICA, BASS, Mrs. SKY, SPRATT, ORTIZ, PICKETT, EVANS, Messrs. SHUSTER, WELLER, and OBER- COLLINS (IL), and Mrs. MALONEY. TANNER, BROWDER, TAYLOR (MS), ABER- STAR. As additional conferees from the CROMBIE, EDWARDS, and PETERSON (FL). As additional conferees from the Committee on Government Reform and From the Committee on National Se- Committee on Veterans’ Affairs, for Oversight, for consideration of sections curity, for consideration of sections consideration of section 2806 of the 801–03, 811–14, 826, 828–32, 834–40, and 801–03, 811–14, 826, 828–32, 834–38, 842–43, House bill and sections 644–45 and 4604 842–43 of the House bill, and sections and 850–96 of the House bill and sec- of the Senate amendment, and modi- 801–03 and 815–818 of the Senate amend- tions 801–03 and 815–818 of the Senate fications committed to conference. ment, and modifications committed to amendment, and modifications com- Messrs. SMITH (NJ), HUTCHINSON, and conference: mitted to conference: KENNEDY (MA). Messrs. CLINGER, HORN, DAVIS, Mrs. Messrs. SPENCE, STUMP, WATTS (OK), As additional conferees from the COLLINS (IL), and Mrs. MALONEY. DELLUMS, and SPRATT. As additional conferees from the Committee on Ways and Means, for From the Committee on National Se- Committee on Government Reform and consideration of sections 705, 734, and curity, for consideration of sections Oversight, for consideration of sections 1021 of the Senate amendment, and 2851–57 of the Senate amendment, and 850–96 of the House bill, and modifica- modifications committed to con- modifications committed to con- tions committed to conference: ference: ference: Messrs. ARCHER, THOMAS, and STARK. Messrs. CLINGER, DAVIS, and Mrs. Messrs. SPENCE, HEFLEY, JONES, There was no objection. COLLINS (IL). ORTIZ, AND MONTGOMERY. As additional conferees from the f From the Committee on National Se- Committee on Government Reform and LEGISLATIVE PROGRAM curity, for consideration of sections Oversight, for consideration of sections 4001–4801 of the Senate amendment, and 4001–4801 of the Senate amendment, and (Mr. BONIOR asked and was given modifications committed to con- modifications committed to con- permission to address the House for 1 ference: ference: minute.) Messrs. SPENCE, STUMP, TORKILDSEN, Messrs. CLINGER, SCHIFF, ZELIFF, Mr. BONIOR. Mr. Speaker, I yield to WATTS (OK), LONGLEY, DELLUMS, ED- HORN, DAVIS, Mrs. COLLINS (IL), Mrs. the distinguished majority leader for WARDS, and PETERSON (FL). MALONEY, and Mr. SPRATT. purposes of asking the schedule for As additional conferees from the Per- As additional conferees from the next week. manent Select Committee on Intel- Committee on House Oversight, for Mr. ARMEY. I thank the gentleman ligence, for consideration of matters consideration of section 1077 of the for yielding. within the jurisdiction of that commit- Senate amendment, and modifications Mr. Speaker, I am sure everybody is tee under clause 2 of rule XLVIII: committed to conference: aware that we have had our last vote Messrs. COMBEST, YOUNG (FL), and Messrs. THOMAS, ROBERTS, and for the day and indeed we have had our DICKS. HOYER. last vote for the week since the House As additional conferees from the As additional conferees from the will not be in session tomorrow. Committee on Agriculture, for consid- Committee on International Relations, Mr. Speaker, in observance of the eration of sections 2851–57 of the Sen- for consideration of sections 231–32, 235, Jewish holiday Rosh Hashanah, there ate amendment, and modifications 237–38, 242, 244, 1101–08, 1201, 1213, 1221– will be no recorded votes next Monday, committed to conference: 30, and 3131 of the House bill and sec- September 25 and Tuesday, September Messrs. ROBERTS, ALLARD, LAHOOD, tions 231–33, 237–38, 240–41, 1012, 1041–44, 26. DE LA GARZA, and JOHNSON (SD). 1051–64, and 1099 of the Senate amend- On Wednesday, the House will meet As additional conferees from the ment, and modifications committed to at 12 noon, although we do not expect Committee on Commerce, for consider- conference: any recorded votes before 1 p.m. Next ation of sections 601 and 3402–04 of the Messrs. GILMAN, GOODLING, ROTH, BE- week we will consider the following House bill and sections 323, 601, 705, 734, REUTER, SMITH (NJ), HAMILTON, GEJD- bills, all of which will be subject to 2824, 2851–57, 3106–07, 3166, and 3301–02 of ENSON, and LANTOS. rules: H 9404 CONGRESSIONAL RECORD — HOUSE September 21, 1995

H.R. 743, the Teamwork for Employ- of time for everybody to get their work Michigan [Mr. DINGELL] would not ees and Managers Act; done. want to cut the 4 weeks down, but H.R. 1170, the Three Judge Court Re- Mr. BONIOR. Do you expect to bring would the gentleman from Texas agree view for State-Wide Referenda Act; the TEAM legislation to the House to maybe 2 weeks or maybe 3 weeks or H.R. 1601, the International Space next week? something? We have over 21 cosponsors Station Authorization Act; and Mr. ARMEY. The TEAM legislation who really feel that we need more than The District of Columbia Appropria- is scheduled for next Wednesday. 1 day. tions Act for fiscal year 1996. Mr. BONIOR. Could I get a sense Mr. ARMEY. Mr. Speaker, I appre- As we approach the end of the fiscal from the distinguished majority leader ciate the gentlewoman’s comments. In year, it will be necessary to put to- if indeed the conference appropriation light of the fact that we have had over gether a continuing resolution to keep bills that he expects might fall in the 30 hearings on Medicare already this the Government operating. There are following categories, the Defense con- year, we see no need, as you allege. But many variables involved in this proc- ference bill, the Interior bill, the I would suggest that should the minor- ess, and therefore we are unable to fix Transportation bill, the Ag bill, and ity come up with a Medicare bill, we a firm time for the House to complete the Treasury and Postal Service bill, would certainly be willing to give some its business. are those the likely candidates to come consideration to hearings on that bill, I must admit that if I had my druth- to the floor next week? or make a place for that bill in the pro- ers, we would adjourn the House on Mr. ARMEY. If the gentleman will ceedings. Friday, September 29 and start the Oc- yield, they certainly are in the can- tober district work period then. How- didates and I have expectations that To this point, I have not seen even so ever, Members should be advised that the work will be completed on some if much as an inkling of such a bill and, it may be necessary to continue work- not all of them. But again I would pre- therefore, see no good reason to slow ing over the weekend and through to fer to let the committee work and look down continued progress on the bill Tuesday, October 3. If this is the case forward to their report to the House that our side of the aisle has been we will adjourn no later than 12 noon and to the Senate. working on. on Tuesday. b 1345 Mrs. SCHROEDER. Mr. Speaker, Mr. BONIOR. If I could ask the dis- would the gentleman from Michigan tinguished majority leader what he ex- Mr. BONIOR. Mr. Speaker, finally, I yield further? That is our problem. We pects in the way of appropriation bills would ask the gentleman from Texas, have not seen so much as an inkling of next week. It is a week now before the my friend, again, if he would not in- a bill from the majority side. We un- end of the fiscal year, and we have not deed bring up the Dingell resolution, derstand there is like a 60-page concept had one single appropriation bill that which would allow the public to have paper, but the hearings would be there has been sent to the President. time to understand the Republican tomorrow and there is still no real We all understand that when the Medicare plan. We are asking for 4 there there. Congress fails to meet its responsibil- weeks of hearings and this resolution ities, we have to have what is known as would be brought to the floor so Mem- Mr. Speaker, I think it is interesting. a continuing resolution. We have heard bers could understand and absorb it. I know the best defense is an offense, through the rumor mill and through There are major, major, significant but really we have been waiting to find printed material that we have seen changes in Medicare in the majority’s out what the real bill is. We still do not today that the majority is asking for a plan, and we think the country and the know, and there have not been any 6-week extension through the continu- folks around the kitchen table ought to hearings on the real bill because there ing resolution. have the chance to absorb what is in it is no real bill yet. My question to the gentleman from and we are asking to have a debate on Mr. ARMEY. Mr. Speaker, I appre- Texas, the distinguished majority lead- that resolution and we ask the gen- ciate the comments of the gentle- er, would be, would it not be advisable tleman to bring it up. woman from Colorado [Mrs. SCHROE- to have a much shorter CR to keep the Mr. ARMEY. Mr. Speaker, I appre- DER] and the fact of the matter is that pressure on so we can get these appro- ciate the comments of the gentleman we do have a good deal of communica- priations bills—we only have a week to from Michigan [Mr. BONIOR] and with tion going on with the committees. We get them to the President, obviously respect to the question put regarding will continue to move on as scheduled. we are not going to make it, but obvi- the Dingell resolution, the gentleman It is, of course, always a difficult ously it would keep the pressure on us should be advised that no, in fact I do proposition for the minority when they to get them there, so we could finish not anticipate bringing up the Dingell do not participate in the process very our work and Members could return to resolution. actively. The frustrations are real and their constituencies. Mr. BONIOR. Mr. Speaker, in that I do appreciate their frustrations, but Mr. ARMEY. I say to the gentleman, case I would advise the gentleman from we do have a schedule and we will be of course we will be taking up the con- Texas that since we are only going to moving on with it. ference reports as soon as the con- have one day of hearings on the major- ferences do report. The Senate I am ity’s direct plan, we anticipate that we Mr. BONIOR. Mr. Speaker, in conclu- sure will do the same. We will move will have our hearings on the lawn of sion, I would just invite my friend from this legislation as quickly as we can to the U.S. Capitol. We anticipate those Texas to join us on the lawn as the the President’s desk. We will probably hearings to commence tomorrow and American people come and testify on do some next week. will continue throughout the following this particular bill and problem that The gentleman asked if I thought week, so that the American people will we have before us in this Congress. We that maybe it would not be more ad- have the right to understand and know will be meeting tomorrow on the lawn vised for us to have a shorter continu- that we are changing Medicare as we of the U.S. Capitol to have hearings on ing resolution than the one we expect know it, and we are doing it not to save this important issue. to pass. My response is if I had thought Medicare or to reduce the budget, but Mr. ARMEY. Mr. Speaker, would the that, I would have been bringing a to provide tax cuts for the wealthiest gentleman yield? shorter continuing resolution. I think people in our society. Mr. BONIOR. I yield to the gen- the one we will bring will be appro- Mrs. SCHROEDER. Mr. Speaker, will tleman from Texas. priate to our circumstances. the gentleman yield? Mr. BONIOR. May I ask if the distin- Mr. BONIOR. I yield to the gentle- Mr. ARMEY. Mr. Speaker, I appre- guished majority leader expects it to woman from Colorado. ciate the invitation of the gentleman be longer than 2 weeks. Mrs. SCHROEDER. Mr. Speaker, from Michigan [Mr. BONIOR]; unfortu- Mr. ARMEY. My anticipation is that would it be possible, would there be nately, I will be back in Texas speak- the continuing resolution will give us a any period of time that the gentleman ing to my constituents tomorrow. period of time, approximately 6 weeks, from Texas would agree to extend? I Mr. BONIOR. Mr. Speaker, we wish which should be a comfortable period mean, I am sure the gentleman from the gentleman a good voyage. September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9405 REMOVAL OF NAME OF MEMBER Mr. GOSS. Mr. Speaker, for 6 years I products are exempted from national AS COSPONSOR OF H.R. 94 and my staff have worked with victims product liability legislation, fostering Mr. PETERSON of Minnesota. Mr. of hemophilia-associated AIDS seeking the development of a unique legal Speaker, I ask unanimous consent that justice and assistance from the Federal framework in which blood products are my name be withdrawn as a cosponsor Government. Because hemophiliacs shielded from normal product liability from House Resolution 94. rely on blood-clotting products made standards under nearly all State laws. The SPEAKER pro tempore (Mr. from human blood, they are at an enor- Mr. Speaker, this is a brief outline of LINDER). Is there objection to the re- mous risk of contracting blood-borne why I believe a strong case can be quest of the gentleman from Min- diseases. In the 1980’s, tragedy struck made that this situation—in which we nesota? this community, and approximately have about one death every day of a he- There was no objection. 8,000 Americans—or one-half of all he- mophiliac with AIDS—is unique and re- mophiliacs in this country—became in- f quires a special Federal response. I un- fected with the deadly virus that derstand that the Federal Government ADJOURNMENT TO MONDAY, causes AIDS. This tragedy occurred in cannot become involved in every tragic SEPTEMBER 25, 1995 part because the Federal Government case that occurs in this country. But Mr. ARMEY. Mr. Speaker, I ask failed to fulfill its unique responsibil- this case is unique—and the Federal unanimous consent that when the ity for regulating the safety of blood Government has a unique responsibil- House adjourns today, it adjourn to products and for taking aggressive ac- ity for what went wrong. I urge my col- meet at noon on Monday, September tion to prevent the spread, through leagues to look at H.R. 1023—and I 25, 1995. blood products, of the HIV virus. That again ask that our Judiciary Commit- The SPEAKER pro tempore. Is there conclusion was strongly supported in a tee schedule hearings to consider the objection to the request of the gen- recent report of the Institute of Medi- complex regulatory, legal, and ethical tleman from Texas? cine, a highly respected, objective, sci- questions this tragedy raises. There was no objection. entific analysis arm of the National Mr. Speaker, it is not going to go Academy of Sciences. This report has f away. Every day one more person is confirmed my belief that the Federal going to die tragically, and it is par- ADJOURNMENT FROM MONDAY Government shares the responsibility tially our fault. We need to deal with SEPTEMBER 25, 1995 TO WEDNES- for what happened, since the regu- it. DAY, SEPTEMBER 27, 1995 latory system failed to respond to the f Mr. ARMEY. Mr. Speaker, I ask clear early warning signs of blood- borne AIDS. As a result, in my view HEARINGS ARE NEEDED ON unanimous consent that when the the Federal Government has a clear MEDICARE REFORM PROPOSALS House adjourns Monday, September 25, and compelling obligation to provide it adjourn to meet at noon on Wednes- The SPEAKER pro tempore. Under a compassionate assistance to the vic- day, September 27, 1995. previous order of the House, the gentle- The SPEAKER pro tempore. Is there tims of what has been called the worst woman from Colorado [Mrs. SCHROE- objection to the request of the gen- medical tragedy in modern history. I DER] is recognized for 5 minutes. tleman from Texas? have introduced legislation, called the Mrs. SCHROEDER. Mr. Speaker, I There was no objection. Ricky Ray Hemophilia Relief Fund have come to the floor to talk a bit Act, to establish a compensation pro- f about what my biggest fear as a Mem- gram that would allow the Government ber has always been, and that has been DISPENSING WITH CALENDAR to own up to its obligation. This bill is not being prepared. WEDNESDAY BUSINESS ON named for a 15-year-old Florida boy Mr. Speaker, it is so difficult to try WEDNESDAY NEXT who died in December 1992, and whose very hard to find out what is going on Mr. ARMEY. Mr. Speaker, I ask family today still suffers from his loss and to be prepared. I was trained as an unanimous consent that the business and the ongoing illnesses of Ricky’s attorney, and I learned you never step in order under the Calendar Wednesday two brothers, who are also HIV positive into a courtroom, you never do any- rule be dispensed with on Wednesday hemophiliacs. The Ricky Ray bill, thing without being prepared. next. which carries more than 125 bipartisan Well, let me tell my colleagues in The SPEAKER pro tempore. Is there cosponsors, establishes a trust fund this Medicare-Medicaid debate, there is objection to the request of the gen- from which eligible victims could each no way anyone can be prepared. Here tleman from Texas? claim $125,000. The legislation specifies we are on the eve of the 1 day of hear- There was no objection. that the trust fund, once authorized, ings that they are going to grant on would sunset after 5 years and would be f Medicare, and there is still no bill. capped at a total of $1 billion, with the There is still no bill. SPECIAL ORDERS funds to come from the annual appro- So, if we wanted to go to those hear- The SPEAKER pro tempore (Mr. priation process. Some people have ings tomorrow and be prepared, I do LINDER). Under the Speaker’s an- asked, what makes these victims spe- not know how we would do it. Today, nounced policy of May 12, 1995, and cial? What is it about this tragedy that they released 60 pages of conceptual under a previous order of the House, moves us to provide Government com- language, but there are no numbers. the following Members will be recog- pensation? How do we know if they add up or do What is unique about the victims of nized for 5 minutes each. not add up? We do not know what the hemophilia-associated AIDS? In my Congressional Budget Office is saying. f view, the record is clear: Government Mr. Speaker, I think that this is The SPEAKER pro tempore. Under a has established a unique regulatory playing very fast and loose and I am previous order of the House, the gen- scheme for blood products, overseeing very troubled, because if I were an av- tleman from Florida [Mr. GIBBONS] is their safety under the auspices of both erage American watching this and recognized for 5 minutes. the Food, Drug, and Cosmetic Act and watched the barbs being traded back [Mr. GIBBONS addressed the House. the Biologics Act. In making its regu- and forth across the aisle, they are His remarks will appear hereafter in latory decisions about the safety of filled with both bravado and bluster the Extensions of Remarks.] blood products, the FDA, until just re- and everything else. But the bottom f cently, relied heavily on advice from line is there is no there there. They do an advisory panel comprised in large not have a real bill there. HELPING VICTIMS OF part of people with expertise from the The same thing has happened with HEMOPHILIA-ASSOCIATED AIDS blood banking industry itself. In addi- Medicaid. On Medicaid we did not have The SPEAKER pro tempore. Under a tion, we have a national blood policy, even 1 day of hearings. They just previous order of the House, the gen- established in 1974, that outlines our moved immediately into a markup. We tleman from Florida [Mr. GOSS] is rec- commitment to blood and blood prod- are beginning to find out what is com- ognized for 5 minutes. ucts as a national resource. And blood ing out of that markup, which is really H 9406 CONGRESSIONAL RECORD — HOUSE September 21, 1995 fairly frightening. If we look at Medic- paying, why are they holding it? I Here is a partial list of all the people aid, there are 18 million children that would think the hearings this side of that would be affected by the Istook rely on Medicaid for their health care. the aisle has been asking for and the amendment and their political activi- There are 6 million disabled relying on 201 Members of this body have asked ties in one part of the State of Colo- Medicaid for their health care. Overall, for, I would think they would love rado, 2,000 individuals and organiza- there are 36 million Americans relying those hearings because people will be tions, mostly farmers and ranchers, in- on Medicaid for health care. coming and saying, ‘‘Hosanna, how dividuals from Larry Accord to Henry Now, the numbers. It looks like they wonderful that they got all of this to- Zimmerman, some companies, Ander- are going to cut my State of Colorado gether.’’ son Farms, Boulder Valley Farms, back by about a third. So what hap- So I really hope there is more than Montford of Colorado, Reynolds Cattle pens? How do you treat two-thirds of a the 1 day of hearings, and I think it is Co. Besides farmers and ranchers, oth- child? How do you treat two-thirds of a a very sad day when we are forced to go ers would be regulated, too, because disabled person? Where do you pick up outdoors and have alternative hearings they receive water from this project: the difference? How do you do this? without even a real bill. Ames Junior College, the Archdiocese Well, there were no hearings. People f of Denver, Boulder Country Club, East- from my area were not allowed to come The SPEAKER pro tempore (Mr. man Kodak, First Christian Church, forward. We had many people who IBM, Hewlett-Packard all get irriga- LINDER). Under a previous order of the would like to and, of course, we are House, the gentleman from Indiana tion water from this Bureau of Rec going to see the same act tomorrow project, and because of the Istook [Mr. BURTON] is recognized for 5 min- when it comes to Medicare. utes. amendment, would all have their so- When we look at Medicare, there are called political advocacy activities reg- 37 million Americans that are affected [Mr. BURTON of Indiana addressed ulated according to the bill. by Medicare. Now, when I add 36 mil- the House. His remarks will appear In addition, we could go on into other lion for Medicaid and 37 million for hereafter in the Extensions of Re- categories of persons affected that the Medicare, I end up with 73 million marks.] sponsors of this incredible provision do Americans. And we are holding the fu- f not want you to know about, whether ture of their health care in our hands it is pregnant and nursing mothers get- THE RESTRICTIONS OF THE as legislators. ting WIC vouchers, disaster victims ISTOOK AMENDMENT Mr. Speaker, I find it really out- getting emergency assistance, students rageous, as we hold the future of their The SPEAKER pro tempore. Under a getting subsidized school lunches, health care in our hands, that we do previous order of the House, the gen- whatever. What happens to all of these not have a real bill; that we are not tleman from Colorado [Mr. SKAGGS] is people? They face several major re- having real hearings; that we are not recognized for 5 minutes. strictions on how they can participate having people with the expertise in de- Mr. SKAGGS. Mr. Speaker, the so- in the public life of their Nation and of livering this care looking at real bills called Istook amendment to restrict their communities. So-called political to find out if they will really work. political activities by people and orga- advocacy activities would be regulated, Mr. Speaker, I would never say that I nizations getting any kind of funding restricted and, in many cases, prohib- totally understand how this whole or thing of value from the Federal Gov- ited including, depending upon how thing works. None of us can possibly ernment seems to be having more lives this kicks in, writing to your State understand every specialty that we than the proverbial cat. legislator, school board member, apply- have to deal with. That is what hear- The House, of course, passed it as a ing for a building permit, because you ings are about. Otherwise, we could rider to the Labor-Health appropria- are trying to influence a government save a lot of money and never have tions bill. Now it is hanging up the decision, appealing the tax assessment hearings on anything. House-Senate conference committee as on your home, writing a letter to the So 73 million people, as I add these a proposed rider to the Treasury-Postal editor of your local paper, running for two numbers together, have got to be Service appropriations. office or supporting someone who does. wondering what is happening. And I Let me just say to the members of And beyond those things, it also at- must say, I am very frustrated that to- the conference committee, please, read tempts to regulate essentially deriva- morrow our side of the aisle has got to the text of this dog. Do not believe the tive political activities, doing business start alternative hearings out in the descriptions of the amendment by its with anybody or making a contribution yard somewhere, and hope it does not supporters. It does not just apply, as to anybody who has exceeded the lim- rain, because we have not been able to they would have you believe, to lobby- its on political advocacy in this aw- get even a room assignment to do this. ists or to nonprofits or, for that mat- fully ill-conceived proposal. Now, really, I think when we look at ter, to the so-called special interests. This might be described as a kind of all the other things this body has had With only a very few exceptions, it reg- secondary boycott requirement. time to do, when we look at something ulates every person and every organiza- For example, hiring somebody who this serious, we really should be going tion in this country that gets not only has been especially politically active in with many more facts. funds but anything of value from the would be prohibited to these people Federal Government. getting irrigation water. Can you be- b 1400 Let us just look at one small set of lieve that? Or buying something from a Yes, I have heard people on that side people and organizations that would be company that has just spent over 15 saying, ‘‘You are just to trying to do caught up in this Orwellian net of po- percent of its budget on ‘‘political ad- Mediscare.’’ We do not want to do litical regulation, and they are the peo- vocacy,’’ as might well happen in a Mediscare. But you start being very ple receiving water from just one Fed- year and which they had to get a new scared if nobody gives you the details. eral water project, the Bureau of Rec- building permit and go through a zon- The devil is always in the details. You, lamation’s Colorado Big Thompson ing change. These are the kind of re- also, worry very much about what the water project. strictions that would be applied not end result is going to be. To begin with, those of us in the only to individuals but to family farms Whenever you ask a question, some- West know full well irrigation water is like the Leister family farm that gets one says, ‘‘Well, what is your plan?’’ a thing of value. We can assure you of their irrigation water, or to big compa- The President put our plan out there. that. Looking at the text of the Istook nies like IBM. The people know what our plan is. amendment, the legal counsel for the What happens to them? Chilling, Then the other side continually says, water conservancy district, which dis- chilling requirements. They are barred ‘‘We are just trying to save it.’’ Our tributes this water, has concluded that from getting any kind of Federal Gov- question is: Maybe they are trying to everybody getting water from the Colo- ernment support or assistance if in any kill it. But if it is so harmless, if they rado Big Thompson water project of the previous 5 years they have spent have found this wonderful way they are would be regulated under the Istook more than 5 percent of their own pri- going to save all of this money without amendment. vate funds engaging in an incredibly September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9407 broad range of public advocacy activi- the ratio of 20,000 jobs equaling every 1 right out of this country? It is happen- ties at the State, local or Federal level. billion dollars’ worth of trade. There- ing in every single trade sector of this They cannot spend any of what they re- fore, a $164 billion deficit will put 3 economy. ceived by way of assistance in dealing million more good American jobs at We have got to stop cashing out with anybody that has violated these risk, added to the 2 million well-paying American industries and American jobs political advocacy limits, and on and manufacturing jobs that were de- for the sake of a few trade deals that on and on. stroyed since the 1980’s. make a few traders and their share- This amendment has nothing to do Unfair competition with low-wage, holders rich but bankrupt the rest of with ending welfare for lobbyists, as its undemocratic countries puts continu- America. supporters claim. It has everything to ing pressure, downward pressure, on Look around the towns that you live do with shutting down free and open wages in this country, and it is no sur- in. How does the Clinton administra- political discussion in this country. prise. Real wages and purchasing power tion or Speaker GINGRICH expect to bal- f in America have declined steadily over ance the Federal budget or solve the Medicare problem if real wages for The SPEAKER pro tempore. Under a the past 20 years. Talk to your rel- working Americans are locked in a previous order of the House, the gen- atives, talk to people who work every race to the bottom because of trade tleman from California [Mr. HORN] is day. They know what is happening policies that destroy good jobs and recognized for 5 minutes. with the buying power of their check. Think about this: With 5 million lost good wages here at home? [Mr. HORN addressed the House. His jobs, that is 5 million paychecks, fewer f remarks will appear hereafter in the paychecks, from which FICA, the por- Extensions of Remarks.] tion of your paycheck that pays for TRIBUTE TO A SPECIAL GROUP OF f Medicare and Social Security, is not DEDICATED AMERICANS SERV- The SPEAKER pro tempore. Under a being collected. ING IN THE UNITED STATES AIR previous order of the House, the gen- Think about this, too: Trade deficits FORCE tleman from New York [Mr. OWENS] is have bled our manufacturing base al- The SPEAKER pro tempore (Mrs. recognized for 5 minutes. most dry. America is becoming a na- MYRICK). Under a previous order of the [Mr. OWENS addressed the House. tion of temporary workers, the fastest House, the gentleman from Utah [Mr. His remarks will appear hereafter in growing segment job market in this HANSEN] is recognized for 5 minutes. the Extensions of Remarks.] country. Mr. HANSEN. Madam Speaker, I rise Before, a worker earning a decent today to pay tribute to a special group f wage at General Motors contributed 33 of dedicated Americans serving in to- The SPEAKER pro tempore. Under a cents an hour to Medicare and Social day’s United States Air Force. This is previous order of the House, the gen- Security through their FICA deduc- the incredible story of a new world tleman from Arizona [Mr. SALMON] is tion. But a temporary worker at Man- record for around-the-world flight and recognized for 5 minutes. power who typically earns only $5 an more importantly the demonstration of [Mr. SALMON addressed the House. hour contributes one-fourth as much, a truly unique force projection capabil- His remarks will appear hereafter in about 8 cents an hour, one-fourth as ity within the U.S. Air Force. the Extensions of Remarks.] much as a worker who worked in one of Two B–1B bombers, from Dyess Air f those good jobs that we have contin- Force Base in Abilene, TX, completed ually destroyed over the last 15 years the fastest flight around the world on TRADE DEFICIT WATCH in this country. No wonder the Medi- June 2 and 3 of this year. According to The SPEAKER pro tempore. Under a care trust fund and Social Security are the National Aeronautical Association, previous order of the House, the gentle- in trouble. the flight measured 36 hours, 13 min- woman from Ohio [Ms. KAPTUR] is rec- We have to keep finding new answers utes and 36 seconds and covered a dis- ognized for 5 minutes. to try to refinance them. The high- tance of 22,814.5 miles. This includes Ms. KAPTUR. Mr. Speaker, in Wash- skilled, high-wage jobs needed to fill some 3,000 miles the crews did not plan ington, we hear a lot of talk about leg- the coffers of these programs are dis- on in order to divert around tropical islative train wrecks these days. But appearing right before our eyes, and storms in the Indian Ocean and a hurri- has anyone noticed that America is Washington has been asleep for 15 cane near the Phillipines. The planes hitched to a runaway locomotive rac- years at the wheel. each had 6 in-air refuelings and aver- ing us toward a record trade deficit But corporations and their profits aged over 630 m.p.h. to complete this this year? have continued to soar. In fact, Wall amazing flight. The two B–1B Lancer’s, Today the Jobs and Fair Trade Cau- Street is slaphappy at this point be- from the 9th Bomb Squadron, were cus begins a monthly report to the cause with low-paid workers, corpora- nicknamed ‘‘Hellion’’, and appro- American people called the Trade Defi- tions are required to pay only one- priately enough, ‘‘Global Power.’’ cit Watch. Our focus will be on how our fourth of what they had been paying While these record flights are amaz- Nation’s trade deficit acts as an under- before into trust funds like Medicare. ing in their own right, the awesome tow in our economy, destroying good So, what is the Clinton administra- military power they reflect is even jobs, pulling wages down and displacing tion and the Republican leadership more impressive. To demonstrate the investments and industry here at doing about these trade deficits? Today ability to project power anywhere in home. The latest trade deficit figures the Committee on Ways and Means de- the world and return non-stop to the released yesterday show that this year cided to adopt legislation which will United States, the bombers also America will record an overall trade allow more trade agreements to come dropped 500-pound, concrete-filled deficit of $164 billion, and just looking down the pike without the American training bombs on three continents at the merchandise portion of that, we people having a say in the matter. This during the mission dubbed ‘‘Coronet are talking about over $200 billion is called fast-track, and it is a bill that Bat.’’ Coronet Bat clearly dem- more of goods coming in here from will force Congress to again consider onstrated the immense capability of abroad than we are able to sell in other trade agreements with no debate and the B–1B and reinforced its position as markets. Folks, that is a bigger deficit without the ability to make amend- a vital component of our conventional than the budget deficit we are trying ments. In other words, it is a done deal bomber force. so hard to reduce. when it comes to the floor. Besides the awesome technical capa- How will a $164 billion trade deficit We are again ceding our constitu- bility displayed in this historic flight, this year affect the American people? tional responsibilities to the trade am- it also reflects the ingenuity, dedica- Let us take a look at the historic de- bassadors. tion and professionalism of today’s Air bate that is about to occur here in Con- What, may I ask, are we on a fast Force. This mission required a genuine gress on Medicare. How does our his- track to? Are we going to continue put- team effort and was designed to exer- toric trade deficit play a role in this ting every high-skilled, high-wage job cise the total force capabilities of our debate? The administration often uses with benefits in America on fast track Nation’s military. This type of mission H 9408 CONGRESSIONAL RECORD — HOUSE September 21, 1995 proves the B–1B’s readiness to meet b 1415 I am confident that has never been global mission requirements. done before. The Capitol is a pretty DEBATE OVER MEDICARE Meticulous planning, requiring sup- large building. Meeting rooms all over The SPEAKER pro tempore (Mrs. it. But we have been told that not a port across a full-range of Air Force MYRICK). Under a previous order of the commands, was required for this highly single one is available for us tomorrow House, the gentlewoman from New to hold a hearing. successful mission to prove the long- York [Ms. SLAUGHTER] is recognized for range, power-projection capability of So tomorrow we will have ordinary 5 minutes. Americans, hospital administrators, the B1–B Lancer. Ms. SLAUGHTER. Madam Speaker, caregivers, rural hospitals, community in the 1930s I was growing up in the First, this mission required the idea, health associations, home care special- coal fields of eastern Kentucky, in a supplied by Capt. Christopher Stewart, ists to be here to say what these awful family with four children, and I a native of Logan, UT, the support of cuts are going to do in the services watched for years as my mother and fa- Air Force leadership and the skilled that they can provide. flight planning from dozens of profes- ther took responsibility for the health care of both sets of their parents. Thirty-seven million seniors now are sionals like Lt. Col. David Snodgrass, It was an enormous burden. Health on Medicare, and by the year 2002, if from the 9th Bomber Squadron, Capt. care was not all that good in the 1930s. you factor in for inflation, we will need Jeffrey Kumro, the ground mission Blood transfusions were given by any- to be paying $8,400 a year to cover the commander, and S. Sgt. Scott Fromm, body who came in off the street, and same benefits that $4,800 buys today. now at Officer Training School, from they did not go through typing and The Republican proposal only provides the 7th Operations Support Squadron, crossmatching as we do today. I had a $6,700. Now, how is the difference going who was responsible for coordinating sister that died in North Carolina, as to be made up? Higher premiums, high- the hundreds of airspace issues associ- they were operating on her for appendi- er deductibles, inability perhaps to ated with such a complex mission. citis, and she died of double pneu- choose your own doctor or accept fewer Also key to the success of the mis- monia. So you can see that the benefits services, fewer choices, and lower qual- sion were all the people who made pos- of medicine have increased enormously ity. sible the six in-air refuelings, closely in the past half century. I think that is a rotton set of choices for the elderly in this country. coordinated around the globe, at pre- One of the most important bene- cise times, to be sure the B–1B’s had ficiaries of that improvement has been Last week, the Speaker of the House assured the American people on tele- enough fuel to reach the next ren- the elderly of the United States. Since 1965, families like mine when I was a vision that Medicare beneficiaries dezvous. child no longer have to struggle to could expect their premiums to in- Range support, at bombing ranges meet the health care needs of elderly crease by only $7 a month. Within from Pachino, Italy, to Kadena, Japan, parents. I remember when the debate days, the leadership was forced to to the Utah Test and Training Range, took place in 1965, and I remember admit the figure was actually going to allowed the crews to prove their global when it passed, and there was rejoicing be more like $32 a month, about $400 a power by delivering ordnance on target in the country that senior citizens who year. For people who live on a fixed in- around the globe. were alone or senior citizens who were come, that can be a devastating blow And, of course this tremendous flight in impoverished circumstances could and can really make the difference in would never have been possible without get the same kind of health care, the their lives as to whether they can eat the unsung heroes of military aviation, same appropriate kind of health care as or pay their rent. If they cannot afford the wealthiest person in the country. the maintenance crews, like crew chief, it and if they are lucky enough to have And we felt very good about this devel- Sgt. Kenneth Kisner, who keeps these children or grandchildren who will chip opment. machines flying and safe for the air in, perhaps they can survive it. But a But the debate over Medicare, like lot of our seniors do not. crews. A testament to their profes- the debate over Social Security, was sionalism, these two aircraft left on Those premium increases will hurt vitriolic in both houses. There was no not only the people who are recipients time, completed the grueling mission, unanimity of consent in either the of the care, but we anticipate the clo- most of it a supersonic flight, and re- House of Representatives or the Senate sure of a lot of hospitals and a lot of turned home requiring only minor for Social Security or Medicare. In- services and perhaps even of home care. post-flight maintenance. deed, if you were to read that debate, f Let me also recognize the flight you would be surprised I think at some crews who ultimately made Coronet Members who are still here who voted THE REPUBLICAN MEDICARE PLAN against the Medicare program and Bat such a resounding success. In the The SPEAKER pro tempore. Under lead, and record breaking aircraft, Hel- spoke very strongly against it. It was the Democrat Party that gave the Speaker’s announced policy of May lion, was mission commander and 9th 12, 1995, the gentleman from Texas [Mr. Bomber Squadron Commander Lt. Col. us Social Security. It was the Demo- crat Party that gave us Medicare. Now DOGGETT] is recognized for 60 minutes Douglas Raaberg, aircraft commander it is the Democrat Party that is strug- as the designee of the minority leader. Capt. Ricky Carver, offensive systems gling to try to save Medicare. Mr. DOGGETT. Mr. Speaker, during officer, Capt. Gerald Goodfellow, and There is a recommendation by the this next hour I and a number of my weapons systems officer, Capt. Kevin Speaker of the House of Representa- colleagues are going to be discussing Clotfelter. tives to have the largest cut in Medi- the Republican Medicare plan. It is the The crew of Global Power included care in its 30-year history. They are pay more, get less plan. We have been Capts. Steve Adams, Chris Stewart, recommending $270 billion be cut out of discussing it this week during the spe- Kevin Houdek, and Steve Reeves. Medicare over the next 7 years in order cial orders because of the fact that there is no real opportunity to debate As mission commander, Lieutenant to pay for a $245 billion tax cut for the this plan on the floor of the U.S. Con- Colonel Raaberg said, this was a global rich, the wealthy and corporations. This is going to be done with one gress, except during these sessions. teamwork at its best and reinforces Air hearing, which will take place here to- Indeed, it has been impossible to get Force plans for the B–1B conventional morrow. The Democrats have not been even a public hearing so that citizens upgrade program. Again, I want to allowed to ask for a hearing or even to across America could come forward, offer my personal congratulations to participate very much in the meeting the experts could come forward; and all the members of the Air Force team that let up to the decision for the hear- our seniors are among the leading ex- that made this happen, and the thanks ing tomorrow. And for that reason, the perts on how Medicare works. There of the American people for the tremen- Democrat Party, which gave this coun- has been no opportunity for them to dous service you provide a grateful Na- try Medicare, will have to hold its come forward for all of these many tion each and every day. hearing tomorrow out on the lawn of months really and be heard on a spe- Congratulations on a job well done. the Capitol of the United States. cific Medicare plan. All they know is September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9409 that they will have to pay more and tion of the public, without an oppor- It is real simple that the population get less. tunity to go home and say to our con- served by Medicare is growing, and Tomorrow we will have the only day stituents, what they have ahead of there are going to be more people who that has been allocated to hear their them. will be 65 next year than were 65 last concerns. And as I begin this discus- We do not have anything to take year or the year before. The people, sion, I think it is appropriate, because home to show them. We get little no- thank goodness for our health care suc- the gentlewoman from New York [Ms. tices in the press, and then we hear it cesses, are living longer. And yet when SLAUGHTER] has spoken so eloquently is going to be $7 a month, and then we they say they are only slowing the this afternoon on this matter, to hear find out that that is not true. So, so far growth in Medicare, they are actually the conclusion of her remarks, because we are standing on sinking sand and going to end up rationing in the cut she shares the same concern I do that shifting sands below us, and we do not and in the growth. You either have to if our seniors are saddled with a pay know how it will affect the elderly of push people out of the system or you more, get less plan, this Nation will be this country or indeed the fate of are going to provide people proportion- much the worse off, and I would wel- health care. ally with less services. When they re- come the observations of the gentle- Mr. DOGGETT. I thank you for your duce that growth, they are affecting woman. important observations. not only those who are currently bene- Ms. SLAUGHTER. I thank the gen- I see that we have been joined by ficiaries in Medicare but those people tleman for yielding to me, and I will be other colleagues from Texas. who will become 65 next year and the very brief. Again, I congratulate my colleague, year after and, you know, until the I just want to make the point that the gentleman from Texas, Mr. GENE year 2002. the $270 billion cut in Medicare is al- GREEN, for the work that he has been b most equal to the defense budget of the doing this session and for his victory 1430 United States. I think we pour over this week on behalf of individuals with If we go back to the days when sen- this month after month, and commit- disabilities as he worked to preserve iors had to choose between health care tee after committee looks into it, and our State vocational rehabilitation and food on their tables, are we going debate often takes days on the floor of system. to do that, and I think that is what the House. To this day, a bill that we I know that there are people with will happen by cutting a program with are supposed to vote on next week has disabilities across this country. Even a growing population. We will need ra- not been printed. Nobody has seen a though our focus in talking about this tioning. single written word on what the bill Medicare plan has been that it means Last year I was here. My colleague that the hearing is going to be held on pay more, get less for America’s sen- was still on the Supreme Court of tomorrow will cover, not one thing. iors, the same is true for many people Texas. I was here and involved in the If you want to put this in some kind with disabilities, several million in health care reform, and the fear from of context, imagine, if you will, the fact across America who are not 65 but all of us, and we would have rationing health care plan that was debated in because of a disabling condition are re- if we had some national health care. Congress last year, had there been not liant or dependent upon the Medicare Well, here we have a plan that will cre- a word of what was in it, not one sen- system. Perhaps you are aware of how ate rationing for seniors, and the tence of what the consequences might they will be impacted by this vague health care will be rationed to those be, just simply slash and burn, and that plan that we have had presented. who can afford to pay more out of may give you some idea of what we are Mr. GENE GREEN of Texas. Well, I pocket. They will be asked to pay more facing here with Medicare. thank the gentleman from Texas for and more of their fixed incomes, which Mr. DOGGETT. Would the gentle- yielding to me and my colleague from will lower the standard of living for our woman yield on that point? San Antonio. This is not just the Texas seniors. Ms. SLAUGHTER. I would be happy hour here. Now I have heard and read the arti- to. But it will impact people who are not cles that everyone has read about how Mr. DOGGETT. I am a new Member, seniors, not only those who are dis- our seniors are so much better off and so I was not here last year, but I abled before they are 65 but the sen- today than they were 30 and 40 years read that when that health care plan iors’ families. We all have family mem- ago, and that is true. That is why Med- came up and when the Congress moved bers who are over 65 and enjoy Medi- icare was established, because you real- along near the August recess, it was care, because I have shared with my ized in the 1940’s, and 1950’s, and early the Republican members of this body relatives what we had before 1965 when 1960’s, that seniors were being left out who were saying, even though there we had no Medicare, and we know the of the growth and the benefits of Amer- had been extensive hearings in several difference between 1964 and 1995 when ica after they spent their life to build committees, we need more time, the we had no Medicare. this country, and a number of them lit- people need more time. I rise today objecting to this phan- erally put their life on the line to make Ms. SLAUGHTER. Absolutely, we tom plan that we have that will be re- sure this country can still enjoy the need more. leased today for two reasons: One, it is freedom, and now we are going to take Mr. DOGGETT. I know I read in the a proposed cut; and also objecting to those people who served in World War Dallas Morning News, a well-known the lack of the public hearings on the II and say, ‘‘OK, now you received Med- publication and has been known proposal. icare, and we’re going to make you pay throughout its history to have been Now, we have been told that the com- more for less.’’ known to have at least a slight Repub- mittees have been hearing Medicare I think your poster is so correct, I lican tinge to it, actually referring to proposals and talking about Mediscare say to the gentleman. We need to ask the Republicans this year, and it was tactics on what needs to be done, but ourselves, ‘‘Do you want the force to not my word but theirs, the Dallas we have not actually seen the plan, and pay senior citizens to pay more for less Morning News word, as being guilty of we have not seen it as of today. And service and choose between health care hypocrisy. what they are going to have a hearing and food? Do you want our elderly How is it in 1 year, after having on tomorrow, 1 day of hearings is just loved ones to have to have surgery in a weeks of hearings on a health care wrong. hospital pushed to the brink of bank- plan, they could come to this Congress The propaganda being dumped on ruptcy due to cuts in Medicare fund- and deny us and the American people American people by the Republican ing?’’ all but 1 day to focus on this essential Medicare plan that will be released, In my district in Houston we have a problem? that it is not a cut and just slowing the number of hospitals that their patient Ms. SLAUGHTER. I think it is safe growth is preposterous. We know that base is substantially Medicare, and to say that nothing on the magnitude we have to plan, whether we are in Medicaid, and managed care, and man- of this cut has ever gone through the business or in government, your ex- aged care is forcing hospitals to trans- Congress of the United States without pected growth in your business or in fer those costs to Medicare recipients, complete hearings, without participa- your senior population. and there is just no place to go if you H 9410 CONGRESSIONAL RECORD — HOUSE September 21, 1995 cut the cost of Medicare. You are going in the United States. You do not go to passed, but right now we can deal with to have hospitals close not only in that hearing without having a piece of fraud, abuse, and waste in Medicare rural areas, but in urban areas. Do you legislation to consider. In other words, and do some of those reforms that will want to have to be operated on by a instead of just going there, and save us some money and reform Medi- physician or surgeon whose training scratching your head, and thinking care, but not for $270 billion to pay for may have been reduced by the cuts in about somebody’s good idea, or some $245 billion in tax cuts. Medicare that we do now for medical think tank that has come up with some Mr. DOGGETT. Let me ask you about education? theoretical approach to deal with the that because we do hear examples on We hear a lot these days about avoid- security of health care for 37 million the press. Seldom do you go out and ing a train wreck. Well, the seniors of people, you do not go there without a visit with seniors, as I know you do in our country will experience one of the specific proposal; do you? your district, and I do up in Austin, most destructive train wrecks in his- Mr. GENE GREEN of Texas. We have without hearing about an incident tory if this plan is passed. had this proposal abolishing the De- where a health care provider perhaps If you answered no to any of these partment of Commerce that I am not abused the system. That is the kind of questions, then I hope it is not only our in favor of. I agree, in fact, that when subject that we ought to have some bi- duties as Members of Congress, but our we were in the Texas Legislature, you partisanship about. I have not seen constituents and people all over the were the father of the sunset legisla- anyone yet come on the floor and de- country, to oppose this Republican tion, and you were in the State senate, fend fraud, maybe someone will, but we Medicare train wreck that will be fos- and I was in the House, and I served on ought to be able to come together and tered on us tomorrow. the sunset commission. I like the idea work together. My second objection is lack of public of looking at agencies and reforming But let me ask you about in that re- hearings that we have had to this not- them, but we reform them over a pe- gard in trying to achieve some biparti- yet-released plan, and here we are riod of time. We do not all of a sudden sanship. I am amazed to hear this. Ex- Thursday, and you and I have not seen wake up on Thursday and say we are cept for the experience we have had it. Of course we do not serve on the going to abolish and we are going to within the last few weeks here, I under- Committee on Ways and Means, so we change this agency to deliver services stand that the chairman of the Com- might not see it even until tomorrow and provide assistance to American mittee on Rules, actually the ranking when it is released publicly. businesses. We are going to have vote member of the Committee on Rules, But I participated in 10 days of hear- on that Friday. You do not do that on the gentleman from Massachusetts, ings on the Waco incident. I saw 28 those agencies, and why should we do Mr. MOAKLEY’s office went over to the days of hearings on Whitewater and 8 it to the most important issue that chairman of the Republican Con- days of hearings on Ruby Ridge, and I this Congress may consider? It is like ference’s office to ask for the 30-page do not object to those hearings. you said the health care for 37 million outline that is now available on this Mr. DOGGETT. If the gentleman will elderly U.S. citizens. plan, that this happened as we have yield on that, so that is 10 days about Mr. DOGGETT. And you know I am been here debating this afternoon, and the tragedy that happened in Waco, 28 reminded by your comment that an- was told that is not available to Demo- days about what the President may or other of our fellow Texans who does crats. may not have done; was that 12 years not serve in this body, though I know Now, I do not know if you have seen ago? Some long time ago, back when he he aspired to come to Washington, other incidences of that kind of rude was Governor of Arkansas. Twenty- Ross Perot, who recently commented and arrogant behavior here before, but eight days on that. And how long on on this plan, though I have some dif- those who come and say you need to be this incident in Idaho? ferences with him about this subject more bipartisan, it is a little different Mr. GENE GREEN of Texas. Well, 8 among others, but he suggested if we to be bipartisan with people that would days on the Ruby Ridge incident that were going to have these big changes in not allow a hearing and would not even happened in 1992, long before most of the way Medicare works, that just as give an outline of their sorry plan to us, least the majority in the House, you pointed out with business, you do you. were ever elected. So we had all those not just jump what you have got and Mr. GENE GREEN of Texas. Well, in days of hearings after the fact, and go to something else. You test it before an outline that is 30 pages long can you here we are only going to have 1 day of you proceed to apply that to everyone imagine how big the plan must be for hearings, 1 day on a plan that will be and suggested that new ideas should be us to be able to analyze it before the released maybe today for hearing to- tested out before you make 37 million hearing tomorrow and before the mem- morrow, and that is where our prior- Americans the guinea pigs for this new bers of the Committee on Ways and ities are wrong, and that is why the Re- approach that really amounts to little Means may have to have it? The num- publican majority is wrong, and they more than pay-more, get-less. bers on the plans are that we have need to look at what the American peo- Mr. GENE GREEN of Texas. Well, we heard leaked out just do not seem to ple are saying, that we need to get our need to ask ourselves then why is the add up either. We talk about increases priorities straight here in Washington. Republican majority rushing the Medi- in seniors paying their monthly We need to realize that we need to lis- care reform bill to the House floor for amounts that they pay doubling it over ten to our constituents, we need to a vote before the American people the next 7 years, or maybe more. But have more than just 1 day to hear from without time to review the con- there is still an $80 billion hole that them, and the people are asking us, sequences. Well, I think the answer is they are looking for. ‘‘Don’t go to Washington and lose clear. The Republican majority does The President has come up with, has touch.’’ Well, this is a prime example not want the American people to know a Medicare reform plan, and even the of losing touch, by announcing a plan what is in their Medicare reform bill trustees, who our majority, have on Thursday, have 1 day of hearings on because it is incredibly harmful. talked about that they are running Friday, and then the whole House has Frankly, it is no wonder that the plan around like the world is going to end to consider it. is shrouded in secrecy. If I had a plan unless we listen to the trustees’ report, Mr. DOGGETT. Let me ask you about that was going to make seniors pay these very same trustees said we do not that. more for less service and force them to need to cut $270 billion out. We can do When you say ‘‘announcing a plan’’ it give up their, possibly their, lifelong $90 billion worth of reform and safe- is true that the press release this week doctor, and all to pay for ill-advised guard Medicare. is thicker than the press release from tax cuts, I think I would be scared, too, Now 10 years from now, 8 years from last week, but you are going to be and I would want to rush it through on now, Congress is going to have to re- going, I know, in a few minutes back to a short notice. visit that issue because again I wish a hearing on one of the other Repub- We hear a lot of times about how you and I could stand here today and lican ideas of this session, which is to Medicare is in trouble and we need to solve our problems today, but that does destroy, or abolish, one of the Cabinet reform it. We have reformed it over the not work. We always have to be ready offices that has been here for decades last 30 years from the time it was to change in reform whether you are in September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9411 government or whether you are in busi- at all. Instead he was cut off without says that mid-sized trucks don’t need ness. There are different ways to do being able to say a word, a vote was safety equipment is a crazed notion at things. But we can solve Medicare’s taken in an autocratic method, and so best, and has nothing to do with bal- problems by without cutting $270 bil- his remarks were confined to what oc- ancing the Government’s books. lion, and again I hope the American curred in the hall outside this Cham- In my own Banking Committee, the people understand we are looking at ber. Republicans are using the reconcili- cutting $270 billion at the same time Again it is an example of how dif- ation bill to wipe out what’s left of the they are granting $245 billion in tax ficult it is for those of us who want to savings and loan industry. They’re cuts, $245 billion. Medicare is paying achieve a bipartisan solution not only moving fast and ignoring lessons of the for those tax cuts, and, if they can to the issue of Medicare and the secu- past that time after time have proven stand there on the floor and say that, I rity of our Nation’s health care, but on you have to be very careful when you want to be bipartisan? a widening range of matters in this change banking laws in such basic Let us solve Medicare’s problem, but House that, when you proceed with ways. let us take those $245 billion in tax such arrogance, with such high-handed- Another project of dubious merit is cuts off the table, and then we will talk ness, with such determination, to do it the Republican plan to gut something about solving Medicare. Do not use your way or no way, that it is very dif- called the earned income tax credit, Medicare to pay for tax cuts. We need ficult to have a basis for reason and for which is a tax benefit that goes to to balance the budget, but we do not moderation. poor, low-wage workers. The tax bene- need to do it on the backs of Medicare. It is not only the State of Florida, of fit doesn’t go to anybody that earns I thank my colleague from Texas for course, who has contributed heroes to more than $11,000 a year, but it has the the time, and I look forward to con- this country like the gentleman from effect of putting $25 billion a year of tinue to being in the trenches. Florida [Mr. GIBBONS]. We have done money where it does the most good— Mr. DOGGETT. I know you have to our share in Texas as well. One of his right in the hands of underpaid and be back for a piece of legislative mark- contemporaries, I suppose, and some- hard-working Americans who want to up, and, as you are departing, I will one who I have admired since earlier have the pride and dignity of work just continue some observations on days in the public school system of even at low wages. But the Republicans this, and I think an appropriate obser- Austin where he served as a distin- want to cut this benefit, by perhaps a vation in discussing this matter is to guished member of the Texas legisla- third. reflect on Congressman GREEN’s re- ture, is the gentleman from San Anto- marks that many of the people who If we want people to work instead of nio, TX [Mr. GONZALEZ], my colleague drawing welfare benefits, we should will be most directly affected by this who I know has some observations that are people who served our country both adopt policies that make it possible to bear on Medicare and a number of earn a living wage. One way to do that at home and abroad during World War other things that are occurring here, II, and I do not think anyone served is to adjust the minimum wage upward, and I would like at this time to yield which hasn’t happened in many years. our country in a more distinguished for remarks that I know he has. role than a gentleman who figures And another way to help people get off The dean of our Texas delegation, the welfare and into work is to be certain prominently in this debate and was on Honorable HENRY B. GONZALEZ. national television last night, and that that they get child care and medical b is the distinguished gentleman from 1445 care. But guess what? The Republicans don’t want to do any of those things. It Florida [Mr. GIBBONS], the ranking Mr. GONZALEZ. Madam Speaker, I, member of the Committee on Ways and in turn, want to thank my colleague looks as if they’re simply aiming to Means, who will be considering this from Texas, a young gentleman I have make the poor a whole lot more miser- measure. admired from the beginning and have able. The gentleman from Florida [Mr. watched his political trajectory as he The greatest asset any country has is GIBBONS], for those of you who do not rose in Texas and am so proud of him. its own people. Laws that help people have personal familiarity with him, is I want to thank him for his kind re- get an education; laws that help people a true American hero. He was a para- marks. to get a decent, affordable house; laws trooper on June 6, 1944, D-day, in Congress is getting ready to pass that help people earn a living wage; France. He fought for this country. He something called the Budget Reconcili- laws that enable people to get adequate fought against fascism and against tyr- ation Act, which is a bill that’s re- medical care at a reasonable cost— anny, and since returning is now serv- quired to bring Government spending those are the kinds of laws that make ing his country in another way in this into line with the budget resolution this or any other country a better body. He continues to be a true Amer- passed earlier this year. Usually, budg- place. Sadly, every one of the laws that ican patriot. It is not unlike the expe- et reconciliation is pretty straight- are intended to make this a cleaner, rience I just reflected on, about the in- forward, but this year the new Repub- better, safer, and more decent country ability of Democrats to even receive a lican majority in the House is putting are under attack in Congress. There copy of this measure, the incredible ex- together a bill that does far more than are some who think that it doesn’t perience that he had yesterday. line up spending with the desired tar- matter, but the truth is in the end, all True, sometimes the news media gets. This year, the reconciliation bill of us will suffer together if poverty likes to focus on the fight rather than is being used for all kinds of radical grows, if schools aren’t improved, if the the substance of what produced the projects that the Republicans hope to air we breathe and the water we drink fight. But the American people and all force through, without letting anybody are degraded, and if more and more of of our colleagues who were not there have a fair hearing, let alone a fair us find it impossible to get and keep a should know that the reason that the shake. decent job or to afford decent housing gentleman from Florida [Mr. GIBBONS] The biggest piece of this stealth leg- and medical care. expressed the anger and the dissatisfac- islation involves changes the Repub- Many of the actions that are about to tion that he did was because of what licans want to make in Medicare. So unfold in the so-called budget rec- occurred in the Committee on Ways far, we’ve seen only the barest outlines onciliation bill are downright silly or and Means which was supposed to get a of their proposal, but what we’ve seen verge on the irrational—but others are full outline of this measure yesterday makes clear that senior citizens are mean spirited and can only result in a and have a hearing on it as we are de- about to get less medical care and pay country that offers less hope to those bating here this afternoon. But instead more for it. who are struggling to rise above pov- the committee met and refused to even But the reconciliation bill is also erty and personal tragedy. permit the ranking member, a distin- going to be loaded down with other I feel certain the President will veto guished and senior Member of this body ideas, like legislation to eliminate all the reconciliation bill, and will also who served his country with such valor federally required highway speed limits veto many of the worst bills that are and distinction, to say word one. They and just about all safety requirements working through Congress these days. would not let him discuss the proposal for mid-sized trucks. Legislation that But no doubt about it, the next couple H 9412 CONGRESSIONAL RECORD — HOUSE September 21, 1995 of months are going to be as mean as They do not fix it, they kill it. So, Mr. covenant with the American people and they ever get. Speaker, this is just the first assault we do not want to gut it. We do not I thank my colleague. on Medicare as we know it. want to hurt senior citizens. Mr. DOGGETT. Madam Speaker, I If we cut $270 billion from the pro- They are afraid when their plan is ex- thank the gentleman so much for his gram, we are, in essence, killing the posed that seniors will understand that observations. I think actually, in refer- program. It just starts that way and it it hurts them; that it will be terrible ring to my colleague, Mr. GIBBONS, and goes on and on. One thing really ought for the senior citizens in this country. some of his contemporaries, I may have to be made very, very clear. Medicare So how do they get around it? Let us referred to World War I. There actually is a program that serves middle-class only hold one hearing on this particu- may be some World War I folks that America. This is not some boondoggle lar bill. will benefit or be adversely affected by or some program that is being doled Now, the hearing is tomorrow. I do what we do on Medicare, but the gen- out to people who have not worked in not know what is in their plan. I have tlemen from Florida [Mr. GIBBONS] is their lives, or people who have not not seen their bill. How can anyone not quite that senior and served during made sacrifices in their lives; to people have an intelligent hearing when we do World War II. I think it is particularly who have not done what they should not know what is in the bill? They that World War II generation that will do. Medicare benefits middle-class would like to just blindfold us, gag us, be most troubled and has most reason America, senior citizens who have not allow us to ask questions, and not to be concerned about what is happen- worked hard and struggled all their allow us to hold hearings. What is so ing here on Medicare. lives, put a few dollars together only to terrible with an open procedure? Madam Speaker, I see that my col- see it dissipate in their later years. Madam Speaker, the Republicans league from New York, who has spoken They are as scared as can be. ranted and raved on the other side of so many times about the importance of Madam Speaker, I take the case of the aisle in previous Congresses about not taking the care out of Medicare has my mother, who lives in Florida, and muffling the minority. We are not talk- arrived, and I would yield to him for all her friends. They do not have ing about the minority or the major- such observations as he might have money for prescription drugs right ity. We are talking about the American about the troubling developments of now. Many have to choose between eat- people. They have the right to under- the day where the Republicans issue a ing well and buying medicines. Can any stand what this Congress is about to bigger press release but do not give as of us imagine what it will mean when do. The only way we can do that is by much in the way of a detailed plan. $270 billion is cut out of Medicare? To holding hearings. Mr. ENGEL. Madam Speaker, I thank my Republican friends who say, well, it The hearings we are going to hold to- my friend from Texas, who has cer- is not a cut, we are actually increasing morrow are going to be on the lawn of tainly been one of the shining lights of the funding; and, how could it be a cut the Capitol. That is because we could the new freshman class of this Con- if we are increasing the funding? Ev- not get a decent hearing room in the gress, who has spoken so eloquently on erybody knows if we do not increase Capitol to hold these hearings. What a the floor not only today but many, the funding, with the rate of inflation, disgrace. It is absolutely a gag rule. It many days, and the gentleman is quite it is a cut. Everybody knows if we ma- is being perpetrated not on the Demo- right, the Republicans simply want to nipulate part A and B, it is a cut. crats in Congress but on the American take the care out of Medicare. The bottom line is this, Madam people. Madam Speaker, Medicare actually Speaker, what kind of care do seniors So the bottom line here, for me, is was a program that was put into effect get now under Medicare, and what kind what is the quality of health care that in the 1960’s. It is a plan that many Re- of care will they be getting in the year senior citizens get under Medicare now, publicans want to kill. And, in fact, 2002 after there is $270-billion worth of in 1955, and what will be the quality of that has been the modus operandi, the Republican cuts? The answer is very care that they will get under the Re- way the Republicans have operated, easy. Senior citizens, as my colleague publican plan in 2002? When we couple during this whole Congress. They take from Texas says, the GOP Medicare the 270 billion dollars’ worth of cuts in plans, they take bills, they take laws plan means seniors will pay more for Medicare and, at the same time, give that they have wanted to kill for their health care and get less. That is $245-billion worth of tax breaks to the many, many years and say this law the bottom line. Pay more in pre- rich, that only adds insult to injury. To needs fixing. So instead of just fixing miums, get less health care, get less my friends on the other side of the it, what do they do? They kill it or gut choice, be forced into HMO’s, be forced aisle who say one has nothing to do it. to accept strange doctors, because they with the other, well, $245 billion and We have seen it time and time again, sure will not be able to choose their $270 billion sounds pretty equal to me. not only with Medicare and Medicaid, doctors. If we eliminated the tax breaks for the but we have seen it in assaults against As we are talking right now, I will rich, and even if we had to cut the Med- working people in this country. We bet that senior citizens will suffer from icare Program, 270 minus 245 is only $25 have OSHA, which protects people; oc- a lack of choosing of their own doctors. billion. So we would have to cut it a lot cupational safety and hazard laws, It is not right, Madam Speaker. All we less if we gave up on the tax breaks for which protect the safety of American are saying on the Democratic side of the rich than we would under the Re- workers. Do they want to fix it? No, the aisle is we want to have open hear- publican plan. they want to kill it. They want to gut ings on this. The Republicans in this Mr. DOGGETT. Let me ask the gen- it. The National Labor Relations Chamber have the votes. They can out- tleman one question about these hear- Board, which monitors unfair labor vote us every time. What is so terrible ings. Beginning about 9:30 or so eastern practices. They are trying to cut it, cut to let the light shine in so that the time tomorrow morning the gentleman the funding and kill it. Davis-Bacon, American people can understand what has referenced hearings that will occur which guarantees construction workers this means? just outside the House Chambers here prevailing wage, a decent salary. They In the last Congress President Clin- on the Capitol Grounds. Do I under- want to get rid of that, too. ton proposed a health care plan. At the stand those hearings will continue into As my colleague from Texas just very, very beginning everyone seemed next week? mentioned, all the good environmental to be in favor of it, but as more and Mr. ENGEL. Yes, those hearings are laws that bipartisan Congresses have more people found out about it, for planned to continue into next week, be- put into effect for so many years, what whatever reason, they decided they cause if we cannot get 4 weeks of hear- are they trying to do? Not fix those would not support it. And the Repub- ings, as we requested, we feel that we laws, but kill it and gut it. Student licans, quite frankly, are afraid that if could at least have 4 days of hearings loans. The same thing. Kill it and gut we let the light of day shine on their where senior citizens and representa- it. Medicare sham, or their Medicare pro- tives of senior citizen groups and peo- The Republicans have been using the posal, that the American public will ple involved with Medicare can come fact that they believe certain bills, cer- say, wait a minute, guys, this is not and testify and tell us their opinions tain laws like Medicare need fixing. what we want. Medicare is a sacred and tell us what Medicare means to September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9413 them and tell us what the GOP Medi- Medicare as much as they rely on So- their plan, they turn and say, ‘‘Why do care plan will be. cial Security. So it is an absolute fraud not you Democrats come up with a Those are the only open hearings, un- to say we are not going to touch Social plan to cut $270 billion out of Medi- fortunately, that are going to be held Security, when at the same time you care,’’ they are going to have to cut an on Capitol Hill. are devastating Medicare. awfully long time, because we do not Mr. DOGGETT. I thank you very b 1500 believe $270 billion ought to be cut out much for your observations. I see an- of Medicare. Mr. DOGGETT. They are open hear- other colleague of ours, Mr. BENTSEN, Mr. BENTSEN. I think the gen- ings. That is, any American citizen from Houston, TX has joined us, and tleman is correct. He will recall that who would want to come forward and may have an observation in response to earlier this year many of colleagues present their testimony, if we are not your comments. from the other side of the aisle would able to hear from all of them orally, Mr. ENGEL. We have all these good come down and hold up a pamphlet can file their written testimony with Texans here. It is nice to join with from the trustees of the Medicare sys- us and get that to the attention of peo- them. We can bring New York and tem saying ‘‘Medicare is going broke ple, at least within the Democratic Texas a little closer together. and we need to do something to save Caucus, the 200-plus Members here who Mr. DOGGETT. Certainly when the it.’’ But the facts are, if you read the would want to hear their observations. issue is health care security and mis- report, not just the pamphlet, but if Mr. ENGEL. The gentleman is abso- representation that is being made to you read the report and talk to the lutely right. We welcome testimony, our seniors about their health future, trustees and hear what they have to written testimony and people testify- we all need to come together. I wish we say, No. 1, Medicare has always been ing, from seniors in all walks of life, could get more of our Republican col- projected, part A of Medicare, the hos- because we think it is very, very im- leagues coming together. There is pital insurance program has always portant to hear all points of view. nothing in the rules of the House that been projected to have shortfalls in the Again, if the Republicans absolutely prevents them from coming to the floor out-years, and it has been the Con- insist on ramming whatever they want this afternoon and utilizing their hour gress, and I would have to say the to ram through, they have the votes in of time to outline in detail their plan, Democratic Congress, which has al- this Congress, but it ought not to be but apparently they have chosen not to ways stepped in to ensure that Medi- done under the secrecy of darkness. It do that. care is a solvent program that runs for- ought to be done after we have an open Mr. ENGEL. It really is unfortunate, ward. In fact, that is how the program and full hearing and the American peo- because I think the bottom line is, the was originally designed. ple understand what is about to happen only way we are really going to get a It is interesting to note that in the to them in Medicare. plan that helps our senior citizens is by previous years, when both the gen- Mr. DOGGETT. Indeed, given the doing it in a bipartisan fashion; not in tleman from Texas and myself were not ramifications of this particular plan, it this way, ramming it down everyone’s Members of this body but innocent by- might be well advised to have these throat without any kind of open hear- standers, I guess, back in Texas, watch- hearings at a variety of different loca- ings. I thank the gentleman. ing what was going on, that our Repub- tions, since the Republicans are not Mr. BENTSEN. I thank my colleague lican colleagues did not see any prob- doing that and we are forced to have from Texas for yielding. I thank him lem with the Medicare situation or the ours outside the Capitol, for those citi- for taking the time today to speak part A hospital insurance situation. zens around the country who will not about the issue of Medicare. But, lo and behold, a year later, they be able to come personally, perhaps Let me just start out briefly by talk- are out crying wolf and saying we have someone who is confined to home and ing a little bit about procedure. I am this major probable out there. unable to leave and be here. Would glad to see that the dean of the Texas Mr. DOGGETT. In fact, is it not true there not be a mechanism where they delegation, Mr. GONZALEZ, is on the that last year, the trustee used the could forward their comments here to floor, because I was with him the other very words, save one or two, that they the Capitol and advise people of their day in the Committee on Banking and used this year, to express concern concerns about this plan or their sug- Financial Services where we were about the future of the trust fund. gestions improvements in Medicare to going through a similar process on leg- Mr. BENTSEN. That is absolutely strengthen it? islation affecting the financial laws of correct. In fact, if you go back and read Mr. ENGEL. Constituents can abso- this Nation. That appears to be similar the study, as I have done, the actuarial lutely write to their Member of Con- to what is going on with Medicare. tables, you can see the points in time gress, be it Democratic or Republican, We are now engaged in policy by the where the trustees in the past have and let us know what you feel, let us numbers, as opposed to policy for good said that Medicare would have an even know what you think is happening to government sake. I do not think there shorter life than is projected today. Medicare. I would hope that some of is any Member of the House who does You can also see the points in time our colleagues would, and I know I plan not believe that our duty here is to where the Democratic Congress came to do it in my district in the Bronx, have an efficient Government that in and made the necessary adjustments NY, and Westchester, NY, to have hear- works for all the people, but what ap- to make the cash flows work. ings in my district, have open forums pears to have happened is we are now So I do not think that there is much in my district, so I can hear from the driven purely by trying to achieve basis of fact to that argument. Fur- rank and file, from my constituents, numbers in a budget and to form and thermore, we have heard from the who will be most affected by whatever fit the policy into that type of budget. trustees of the Medicare system that in Congress does on Medicare. I want to That is what has brought us to his situ- fact you do not need $270 billion to save hear from them, what Medicare means ation of having to cut $270 billion from the program, and what little we do to them, how important it is, not only Medicare and $180 billion from Medic- know of the plan that will be released not to cut Medicare, but to expand aid. tomorrow, I guess, the Republican plan services. I want to see prescription I would start out by saying simply on cutting $270 billion from Medicare, drugs, for instance, expanded. I want there is just no good way to cut $270 is that there is no evidence whatsoever seniors to be able to get prescription billion from the Medicare Program, that any of that money is actually drugs. and that is why we continue to hear going back into part A of Medicare. There was one very interesting point. little about what this Medicare plan The fact you are raising premiums on The Republicans have said that they will be. Unfortunately, we will have elderly citizens, something along the want to balance the budget and they do very little to say about it before it is lines of $60 or $80 billion, if you look to not intend to touch Social Security. put before the Committee on Ways and see where the money goes, as they used Well, for my senior citizens, if you do Means and put before the Congress. to say in the Nixon times, you cannot not touch Social Security, but you Mr. DOGGETT. In other words, when find it going back into part A, which touch Medicare, it is the same darn our Republican colleagues coming up would lead me to believe that if in fact thing, because senior citizens rely on here, instead of giving us the details of there is a problem in the fact we are H 9414 CONGRESSIONAL RECORD — HOUSE September 21, 1995 taking money out of the system and with only what the market will be able Mr. DOGGETT. Congressman, rep- not putting it back in the system, we to give them because of the price con- resenting the city of Houston, I think are only going to exacerbate the situa- trols set by the plan. you represented one of the world’s fin- tion that exists, and it does appear we Mr. DOGGETT. I would like to talk est health care systems, research hos- are shifting money out of the Medicare about each of those. You have exten- pitals, teaching hospitals, hospitals system by raising premiums on the el- sive experience in business and invest- that provide services all around the derly into other parts of the budget, ment banking, are familiar with prin- world, but particularly provide a wide presumably a tax cut. That really ciples of financial planning, and you range of services to people who are sen- makes no sense whatsoever. referred to this look-back provision. As iors and who are people without sub- Mr. DOGGETT. That strikes me as I understand it, and I do not believe, stantial means to pay for them. such a critical point. As you say, dur- though there are many pages in this What kind of impact could a look- ing the Nixon years they said follow new press release, that there has been back provision like this, continually the money. It was a good trail, to fol- any explanation of how it is of this $270 cutting payments, have on a world low the money back there during the billion, how they are going to cover class hospital system of the type that Watergate era. It still is with this Re- their $80 billion or so gap. Just from you have there in Houston? publican Medicare plan, because the the standpoint of good, sound business, b 1515 first plank of the Republican Medicare financial planning, what kind of plan is plan is pay more. But from looking at it that says we will cut $270 billion, ex- Mr. BENTSEN. I am afraid that if we the press release that came out today, cept we do not really know how we are continue along this process, that it will the pay more part is over in the part B going to get $80 billion of that $270 bil- start to cut into research. I think that premiums. lion? We have just kind of guessed if as a result of a lot of work that has As you were pointing out, I believe I everything we are thinking about but been done to try to explain to the Re- have this correct, they will increase have not put in a bill anywhere hap- publican majority the impact on medi- the part B premiums that every senior pens to come out, maybe like we hope cal education, we are starting to hear has to pay, but not one penny of those some day under the best of all cir- that, yes, we do understand the impor- increased premiums will go into this cumstances it will, we still got another tance of medical education, and we are Medicare trust fund that they said $80 billion out there hanging and we do going to start to provide for that. That they were so concerned about after not know where we are going to get is good. they read the trustees report saying that. However, we still do not know all the the same thing the trustees had been Mr. BENTSEN. The gentleman is cor- details. We still have clinical research saying for years when they did not care rect. I guess you would say it is less which is carried out in these academic a flip about it. than creditworthy in trying to put to- hospitals through the Medicare system. Mr. BENTSEN. The gentleman is ab- gether a plan. What it will result in, I As you clamp down on the payments to solutely correct, that in fact money think, is that at some point they will the hospitals, at the same time that from part B is going elsewhere in the come back and say well, gee, we are $80 you have health maintenance organiza- budget, and if there is a problem in billion short and have to make it up, so tions which are trying to pay as little part A, it continues to exist. So I think we are just going to cut you across the as they can, because they are in the that that is a major flaw in the pro- board. Sorry, Medicare recipients, we business of doing that, and that is the posed Medicare plan from the GOP, and did not think we were going to hit you way the system works and that is fine, it is something that the American peo- as hard as we did, but we came up short the problem is going to become that ple need to know about. and are going to have to take more you are going to lose the necessary I think that, furthermore, when we money out of your pocket. clinical research dollars that better the look at what has been released so far, Mr. DOGGETT. If I understand it, health care system, make it more cost- we find a gaping hole of something then someone in the bureaucracy here effective, and make it more efficient along the lines of $80 billion that is in Washington, acting under the au- for seniors and for everyone else. You going to be made up in something that thority of the Secretary of Health and also are going to end up with not only is called the look-back. That is sort of Human Services or the Health Care Fi- cutting back on that research, but you a ‘‘trust us’’ type approach to govern- nancing Agency, when the year is gone are going to end up with jobs being lost ing, that we think we can get there, by and there is this big old gap there of in large medical centers. and if we do not get there in a couple billions of dollars, will go back and say Mr. DOGGETT. Madam Speaker, the of years, we will just tell the Secretary well, the gap is there, next year we are gentleman you mentioned another ef- of Health and Human Services to come just going to have to cut how much we fect of continuing to cut down to too up with $80 billion. pay these health care providers by 50 low a level the payments made to Well, where is that $80 billion going percent, 30 percent, or 25 percent, or health care providers. I just happened to come from? Is it going to come out however much it is. Is that the way to come across a report here on the im- of somebody’s pocket? Higher this so-called look-back provision pact in central Texas of problems we deductibles, higher premiums, higher works? already have with Medicare, the kind copayments? We do not know. But that Mr. BENTSEN. I think in terms of of thing that I know you and I want to is a major problem. trying to set a budget, that is what you do to improve Medicare to deal with When you add to that the global would have to do. It would be equiva- these problems. price control which will be set on serv- lent to sequestration, which was pro- There is the story of Richard Bergin, ices provided by hospitals and doctors vided under the Gramm-Rudman Budg- who is 74 years old, has lived in Austin as a result of this, you in effect will et Act. for 40 years, served as a naval officer, push the price for fee for service, Mr. DOGGETT. That was a real win- as a professor at the University of choice of doctor health care, down to a ner. Texas at Austin, and he was doing fine level where I think you will see physi- Mr. BENTSEN. The problem that ex- and had a relationship of his own with cians who will get out of the business ists with that is it does not allow for his primary care doctor. However, because they just cannot lose money any strategic planning on the part of when his 83-year-old brother moved and do the business. You will see hos- health care institutions, hospitals, pro- into town from out of town to live with pitals who will say that we have no viders of health care services. So if you him, they could not find any doctor choice but to go into a captive program are going out several years and you are there that would take Medicare in all with a health maintenance organiza- trying to set your budget based upon of their initial searching. The Amer- tion, and seniors will no longer have prices that you think you were going ican Association of Retired Persons re- the choice as current law provides; to receive reimbursement from Medi- ports that about 80 percent of the doc- they will no longer have the choice to care, but you know out there, there is tors in most Texas towns today will choose between a health maintenance a $80 billion footnote that can come not accept new Medicare patients. plan like an HMO or a fee for service into play some time, it is going to be If they have this look-back provision like they have had. They will be left very hard for you to set your plan. and they keep chopping back the September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9415 amount that health care providers are erage. Most of the people that are in COMMUNICATION FROM THE HON- getting, will it not make it even more nursing homes today, who do not have ORABLE JOSEPH M. McDADE, difficult for people like Professor substantial means, are there with sup- MEMBER OF CONGRESS Bergin and the others across Texas, port from Medicaid. The SPEAKER pro tempore (Mrs. whether it is in Houston, LaGrange, or There is another thing that comes MYRICK) laid before the House the fol- Lubbock, or anyplace else in this coun- out of that system Of Medicaid. That is lowing communication from the Honor- try for that matter, will it not make it that the Federal Government estab- able JOSEPH M. MCDADE, Member of more difficult for them to find a physi- lishes some patient abuse standards, Congress: cian that will take care of their needs? some safety standards in our nursing Mr. BENTSEN. I think you are abso- CONGRESS OF THE UNITED STATES homes that they have to meet in order HOUSE OF REPRESENTATIVES lutely right. I think the fewer doctors to receive Medicaid funds. Washington, DC, September 21, 1995. who participate in the system, the Yesterday, at the same time that a Hon. NEWT GINGRICH, harder it will be, particularly on rural Speaker, House of Representatives, Washington, communities and smaller urban com- slash effort was going on with ref- DC. munities, where there will be even erence to Medicare, another committee DEAR MR. SPEAKER: This is to notify you fewer doctors who are willing to par- was slashing in Medicaid. Now, if that formally, pursuant to Rule L(50) of the Rules ticipate in the system. committee’s handiwork becomes law, of the House that a member of my staff has I think there is another problem that there will not be one Federal regula- been served with a subpoena for testimony comes into play here. By moving more tion on the books to assure the quality and the production of documents by the Court of Common Pleas, Lackawanna Coun- people into health maintenance organi- of patient care at nursing homes in this country. I think that by itself is ty, State of Pennsylvania in connection with zations, which again let me say, Medi- a civil case. care Select under current law already an outrage, that there are people who After consultation with the office of the provides that choice, but what happens have become so committed to a rigid General Counsel, I have determined that when you move more and more people ideological agenda that they have for- compliance with the subpoena is consistent into that system, basic macro- gotten their good sense, they have for- with the privileges and precedents of the economics will tell us that you will gotten our responsibility to protect House. start to lose the efficiencies, and you vulnerable seniors. It seems that the Sincerely, only time people get interested in some JOSEPH M. MCDADE, will start to lose the ability to save Member of Congress. costs or save money under that system. nursing homes is when someone is Therefore, I think that the projected found with abuse, with a death occur- f ring. That is not the way it ought to cost savings from moving to an HMO THE IMPORTANCE OF REDISTRICT- be. system, where seniors do not have a ING DECISIONS IN GEORGIA choice of their doctors, are probably There are many fine nursing homes not correct. They are probably in- out there doing their best to provide The SPEAKER pro tempore. Under a flated. It is very hard to make those quality care, but there are always some previous order of the House, the gentle- projections in the first place. that try to skim, and it is only with woman from Georgia [Ms. MCKINNEY] is I think if you move from having 7 the support of these Federal safety recognized for 60 minutes. percent of the elderly population which standards, and some inspections, that Ms. MCKINNEY. Madam Speaker, I are currently in managed care plans we have been able to address some of come again this afternoon as a con- going to 90 percent, as is the desire of the worst of these abuses, and now that tinuing part of my mission. That mis- this legislation, that the cost savings will be totally eliminated. sion involves the educational process that thus have been achieved will not around the issue of redistricting, and As if that were not enough, the same carry forward at that time. why what is happening in Georgia is so Committee on Ways and Means that Mr. DOGGETT. I thank you very important, not just for the people of did not want to hear about Medicare much for your observations and very Georgia, but for all of the people of this yesterday has, within the last several helpful comments and, of course, your country who value democracy, who days, approved a proposal that will en- service here on behalf of all of the peo- value the opportunity for all people courage corporations to withdraw as ple of the Houston area and of our who call themselves American citizens much as $40 billion from their pension whole State. to be able to sit at the table of public My comments, of course, this after- plans, $40 billion from their pension policymaking and feel that they have noon and those of my colleagues have plans, something that people who are an investment in the decisions that are focused on the Republican pay-more- not only retired now but may hope, being made about this country. get-less Medicare plan. But I want to like many of us, to retire some day in I want to begin by commending the take just a moment here in concluding the future, should be amply concerned members of the Georgia Legislative to tell people who are out there, who about. There are a number of troubling Black Caucus, who have endured a tre- are thinking ‘‘Well, they really cannot developments that only by Americans mendous trial during the recently dis- do that. They really cannot intend to speaking out and making their con- banded, recently adjourned special ses- make the kind of cuts that they are cerns known are we going to be able to sion. The United States Supreme Court making to the American people,’’ that change. ruled that Georgia’s 11th Congressional they have not heard it all yet. Yester- As for the Republican pay-more-get- District was unconstitutional, and as a day, about the same time that the less Medicare plan, lest anyone think result of that decision, the Governor of great American hero, the gentleman that I have a partisan attitude on that the State of Georgia called the Georgia from Florida, SAM GIBBONS, was being plan, let me end by quoting a Repub- Legislature into special session. The denied across the hall even a chance to lican who was on the radio this week, purpose of the special session was to mutter a few words in defense of Medi- September 19, Kevin Phillips. He said redraw the congressional districts to care and to raise questions about why of his fellow Republicans’ Medicare correct those flaws that the Supreme these hearings were not occurring, an- plan: ‘‘Today’s Republicans see Federal Court found, particularly in the 11th other of our committees here in the Medicare outlays to old people as a Congressional District of Georgia, but House was considering a plan concern- treasure chest of gold for partial redi- also, in the call for congressional redis- ing Medicaid. rection in their favorite directions: to- tricting, the Governor included legisla- Most people think of Medicaid as ward tax cuts for deserving corpora- tive redistricting. being a program that provides assist- tions and individuals. The revolution- There had been no lawsuit against ance to the poorest of Americans, and ary ideology driving the new Repub- the State legislative districts. There it is true that it does; but it also, be- lican Medicare proposal is simple: Cut had been no finding of unconstitution- cause of some need for improvement in the middle class and give back the ality against those districts, but for the Medicare system, is about the only money to the high-income taxpayers.’’ some reason, some predetermined rea- way that seniors and people with dis- That is the problem we face, but Amer- son, those districts were included in abilities can get nursing home cov- icans can turn it around. the call. So begins the tragic story of H 9416 CONGRESSIONAL RECORD — HOUSE September 21, 1995 the experiences of the Georgia Legisla- But this district, that is 91-percent protecting incumbents, protect me, tive Black Caucus that fought val- white, has been declared constitutional too. Because when I cast my vote here iantly to protect its three democratic by the courts. in Congress, my vote counts the same incumbents who are now in Congress, What is going on here? Is it that as my Democratic colleagues, my vote and to protect itself against what some there are only funny-looking black dis- counts the same as my Republican col- have called a hoax. tricts? Obviously the answer is no. leagues, and when I come here, I speak I am going to begin by just a discus- Is it that only black districts are de- out on behalf of the people of the State sion of these districts that have been clared unconstitutional? Black dis- of Georgia who have a valid voice to be much maligned by supposedly powerful tricts and those districts that are ma- heard. and very intelligent people. The 11th jority Latino so far have been targeted There were some folks in Georgia Congressional District was called a for unconstitutionality. who had something else in mind, and so monstrosity by the lower court, the I have here Georgia’s 11th Congres- before the special session even began, court in Georgia, a monstrosity. How sional District, 64-percent black, one of something happened. What happened can you call a district that allows for the most integrated districts in the was the Georgia General Assembly be- the first time people to have represen- State of Georgia, one of the most inte- came hostage. It was held hostage by tation in the Halls of Congress a mon- grated districts across the South. This the plaintiffs, along with the Demo- strosity? The district worked, it district, that gives rise to voices that cratic leadership of the State of Geor- worked because people understood that have been left out of the political proc- gia, because 17 State house districts the had an opportunity to elect their ess to finally be heard, this district was and 5 State senate districts were tar- candidate of choice. They did not have declared unconstitutional. geted. These were districts that were to always be on the losing end. Those I would have to conclude that when majority black in the State legisla- people in the 11th Congressional Dis- it comes to the issue of redistricting ture, and they were said to be uncon- trict chose to send me to Congress to and the shapes of districts, it ain’t stitutional. So the Georgia Legislative represent their interests, to speak out about shape at all. It is about the color Black Caucus was told, ‘‘Now, y’all on their behalf. I have tried to do a of the representation that is elected don’t play ball and you’re going to end good job at it. from these districts, and the possibility up in the same boat as CYNTHIA, out of The 11th Congressional District of that in the old South we could finally office.’’ Georgia is no monstrosity. In fact, if herald in a new era that bypasses, gets The Georgia Legislative Black Cau- there is a monstrosity, it rests with us across that bridge of racial divide cus, caught between a rock and hard those people who would like to deny and allows black people, white people, place, did what it could to protect its these people who have never had an op- people of color, women, Latinos to sit members, to protect the three Demo- portunity to have someone walk in down at the table of policymaking and cratic incumbents of Congress who just their neighborhood and then walk fashion strategies to resolve our com- happen to be black, and they were these Halls of Congress, to deny to munities’ problems. fooled. It was a hoax. It was a cruel those people, those people whom I call What better America could we want hoax. They were tricked. In fact, State my valiant warriors, the opportunity for? The America of promise, the Senator Donzella James was so out- to be elected by someone of their America of the American dream, the raged—she happens to be with us now, choice. America which strives to include ev- up in the gallery—she was so outraged I have some maps here. The first map erybody? Or do we want to go back to by what had happened that she felt is the Sixth District of Illinois. Some yesterday? To go back to that infa- compelled to put it down on paper. might say that it is a monstrosity. It mous day when black people, who had She concludes: been duly elected by the citizens of the certainly is not pretty, but it is an ef- In this episode of political gamesmanship, fective district, because it allows the various States throughout the South, Republicans attempted to play the white people who live inside this district the were expelled for no other reason than Democrats against the black Democrats by opportunity to elect their candidate of the color of their skin? promising both sides their support in ad- choice. This district is comprised of a What we are looking at today is the dressing their redistricting concerns. supermajority. The supermajority just possibility that I could become the sec- Further, the struggle within the Demo- happens to be 95 percent white. This ond African-American of the 20th cen- cratic Party between competing political in- district has gone unchallenged in the tury to be expelled for no other reason terests was transformed into one involving courts. What is wrong with this dis- than the color of my skin. We cannot race. The eagerness on the part of the white afford to allow that to happen. Democrats to ‘‘Republican proof’’ their dis- trict? Nothing is wrong with this dis- tricts blinded them to their overall goal. trict. This district functions according What happened in Georgia particu- That is, to foster equal and inclusive rep- to our democracy. larly? What happened in Georgia can be resentation for all of the people of Georgia. I have another map here, Texas’ summed up by the headline in this Self-serving individuals on all sides of the Sixth District. It also might be called a newspaper: ‘‘Committee Okays One debate practiced deceitful game playing and monstrosity, but it has not been. It is Black District.’’ The bottom line, it ap- clever trickery and have made a mockery of composed of a supermajority. The pears to me, is that the tolerance level the reapportionment mandate. The Georgia supermajority just happens to be 91- for people from the State of Georgia to General Assembly may come to regret this entire ordeal. A number of questions will percent white. This district, along with have three black people in Congress is not very high, and so there were some have been answered concerning our legisla- the entire map of Texas’ congressional tive process. For example, was the court districts, was challenged in the courts. people who took an active involvement order legislative undertaking a hoax? And if in trying to make sure that in the elec- b 1530 so, could this be a needless waste of the tax- tions of 1996, Georgia is no longer rep- payers’ money and will the lawyers laugh all The Texas court came back with a resented in Congress by three African- the way to the bank? decision that invalidated the historic Americans. My fear is that when it is all over and district represented once by Barbara Now, I am a Democrat and I am a done, will the redistricting issue be remem- Jordan. It invalidated the district that proud Democrat. I am proud to be a bered as racial rights versus civil wrongs? is currently represented by EDDIE BER- Democrat. But the head of my Demo- The Georgia Legislative Black Cau- NICE JOHNSON of Dallas, TX, a new dis- cratic Party in the State of Georgia, cus, Representative George Brown trict. who is the Governor of the State of compiled some information, Represent- But the court said that this district, Georgia, said he was going to stay out ative LaNett Stanley circulated it. that goes from here and all the way of the redistricting fray. This was not After all the dust had settled, the around just like this and picks up peo- something that was going to occupy Georgia Legislative Black Caucus, ple here, picks up people there, leaves very much of his time. along with the other leadership of the out people there, that district is con- So I wrote a plea to the Democratic State, voted to dismantle nine major- stitutional. Barbara Jordan’s district leadership of the State of Georgia, ity black districts in the House and is unconstitutional. EDDIE BERNICE ‘‘Ain’t I a Democrat, Too?’’ When it two majority black districts in the sen- JOHNSON’s district is unconstitutional. comes to this issue of redistricting and ate. September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9417 All in all, in the senate, out of 56 ture on congressional reapportionment. The It also chronicles here Grant Smith, seats, they changed 46 of them. In the leadership, therefore, used legislative re- who lives in a Milledgeville mental house, from a total of 180 seats, 69 were apportionment as a stick and forced legisla- hospital, does not know that he is at changed. tors to make concessions they would other- the center of a dispute over his fami- wise not have made. There was a redistricting legislative The enclosed statistics show the degree of ly’s former farm and its kaolin riches. free-for-all on the backs of black peo- retrogression and discrimination. For all of Gentleman Gary Chambers: The in- ple in the State of Georgia. these reasons, we urge you to object. dustry leaves pits and craters and gul- One of the districts that was diluted lies on the surface of Georgia’s soil. was a district that I helped to draw in b 1545 Ten-mile railway that links the kaolin 1992. I was just the vehicle that the This is sad. It is absolutely sad that belt in Georgia to the sea has made people used. the Democratic leadership of the State some of our richest Georgians. Robert I served on the house reapportion- of Georgia would use black people as Lee Watkins, a man who was sent to ment committee. We had a hearing spare parts to bolster the political as- Federal prison, what the Atlanta news- down in Savannah, and a gentleman pirations of their favorite sons. And I papers may have called a political pris- came to the hearing, obviously proud do put emphasis on the word ‘‘sons,’’ oner, this Grant Smith might have to be able to be counted among those because there is no room for women been a millionaire, but his guardians who would come, to travel so far to try also in the good old boy network. sold the family farm. Gary Chambers and get a little justice. He began his re- Who comprises this good old boy net- turned his land into a rutted ruin. Tar marks. He said, ‘‘The name of my coun- work? Well, as it turns out, we also dis- buttons, ten-mile railroad put them on ty is Liberty, but they still treat us covered that there were some rich and the track to wealth and power. like slaves.’’ powerful people that just did not seem ‘‘Crime and Punishment in Kaolin At the end of the 1992 redistricting to be able to deal with this new black Country. Businessman who challenged process, that gentleman had a district woman who was representing poor the chalk companies receives a 5-year from which to elect his candidate of folks, some of the poorest people in the sentence for another man’s lie.’’ Noth- choice. But after this cruel hoax in the country. They could not deal with this ing happened to the man who lied. special session of 1995 that should go black woman from Georgia. ‘‘Companies versus Landowners in down in infamy, that gentleman lost And so, Madam Speaker, seizing ad- White Gold Country.’’ This is from the opportunity to elect his candidate vantage of an opportunity, driven by USA Today. Another picture that I of choice. the racist politics of race, they could wish I could have blown up. The As a result, there is a letter that has also move forward on the agenda of scarred landscape of my beautiful been drafted and signed by some of the greed. State of Georgia. ‘‘Weak Laws Slow members of the Georgia Legislative We learned, in fact, State Senator Restoration of Ruined Land.’’ Black Caucus. That letter is to Assist- Donzella James was moved once again Shortly after the lawsuit was filed, I ant Attorney General Deval Patrick, during the special session to put out a had an interesting conversation with asking that the Department of Justice press release entitled ‘‘Senator one of our State’s constitutional offi- deny preclearance to those two bills Donzella James Implicates Kaolin In- cers who told me, ‘‘CYNTHIA, you made that were passed by the legislature— terests in Driving Redistricting Agen- some rich and powerful people mighty the bill that dismantled the State da.’’ upset with you.’’ And we have been house districts and the bill that dis- State Senator Donzella James expressed hearing about this impending lawsuit mantled the State senate districts. concern today that Georgia kaolin compa- against the 11th District, but somehow I am going to read this letter, be- nies are exerting undue influence on the it never materialized. And suddenly, a cause if I have not been clear, I think State’s redistricting process. As legislators letter appeared in the Sandersville this letter is. slowly hammer out a new congressional map, Progress, which is a local newspaper It says: Senator James is increasingly convinced down deep in kaolin country. Dear Mr. Patrick, I am submitting this that kaolin interests in Washington, Jeffer- The letter was written by the execu- comment urging you to object to the re- son, and Glascock Counties have issued a veto threat over any congressional map tive vice president of one of kaolin apportionment plans passed by the Georgia companies. And guess what it said. It General Assembly in its special session in which puts them in the 11th District rep- 1995. These plans were enacted by the State resented by Democrat Congresswoman Cyn- said that the 11th District ought to be of Georgia with a racially discriminatory thia McKinney. dismantled. And then, miraculously, purpose and will have a retrogressive effect Now, what is it? What is kaolin in folks who do not have much were able on black voters throughout the State. the first place? After we came to this to amass the hundreds of thousands of The plans for the State senate and State floor, we got quite a few telephone dollars that it takes to take a lawsuit house also violate section 2 of the Voting all the way to the United States Su- Rights Act, because those plans dilute black calls from folks wanting to know what is kaolin? Well, kaolin has been called preme Court. voting strength. In carrying out these The general assembly came up with redistrctings, the State legislature specifi- Georgia’s white gold. I guess Louisiana cally aimed their sights at legislative dis- has oil; Kentucky has coal; Georgia has some maps, some maps that were pret- tricts with majority black voting popu- kaolin. ty darn near the mark. But those maps had one target left out and that was lations. The decision by the legislature, Georgia’s richest mineral resource is ka- therefore, was targeted at black voters with olin, a white clay used to make chemicals, those 7 kaolin counties. the intent to reduce the black voting medicines, and coated paper. Last year, a The Atlanta Constitution has done strength throughout the State. handful of mining companies, many of them some stories on our plight. ‘‘Bring in The legislature undertook this action even foreign-controlled, dug a billion dollars’ the Feds to Probe Kaolin.’’ ‘‘McKinney through their had been no court decision in- worth of kaolin out of Georgia’s soil. They Takes on Kaolin Industry. Her nosing validating our existing plans, nor had there pay rural landowners as little as a nickel a around has infuriated the industry.’’ even been a lawsuit challenging any of the ton for it, and after refining it, sell it for $50 districts. ‘‘King Kaolin’s Political Prisoner.’’ to $700 a ton. They pay no mineral taxes to This is about the story of Robert Wat- The context in which these new plans were the State, whose wealth they are exporting drawn is also important to understand. The and they operate in virtual, total secrecy. kins. special session in which these new reappor- ‘‘This should not be CYNTHIA MCKIN- Reporter Charles Seabrooks spent 5 tionment plans were enacted was called to NEY’s fight, but Georgia’s politicians months reporting the operations of the address also the reapportionment of the con- are so afraid of the kaolin companies, gressional districts pursuant to the decision kaolin companies and their impact on they do not dare raise a peep.’’ ‘‘Tak- in Johnson v. Miller. the lives of thousands of poor Geor- ing On King Kaolin.’’ The white leadership in our legislature gians, and in this, it says: What is ka- forced the assembly to address legislative re- olin used for? Glue, newsprint, maga- So McKinney is now trying to get the U.S. apportionment first and then proceed to con- Justice Department to look into the prob- gressional reapportionment. zines, cosmetics, china that we eat lems. Politically, that may not be a very In exchange for cooperation in legislative from, paint. It has a lot of different smart move on her part, because kaolin reapportionment, the leadership promised to uses. Toothpaste. Kaopectate. The money will try to unseat her. But then work with the black Members of the legisla- ‘‘kao’’ is kaolin. again, who knows, maybe McKinney will H 9418 CONGRESSIONAL RECORD — HOUSE September 21, 1995 prove that a woman with a backbone can have running water in their homes and dental. I had never intended to be in- succeed in a State run by men with weak it is a crying shame, and that those volved in politics. But this was the knees. people need to have representation. issue. And that was that because of And so Georgia’s special session, And that all of the largesse of the Fed- laws and constitutional provisions in called for the purpose of redistricting, eral Government ought to be delivered the Texas State constitution, it was ended. They adjourned sine die. What to them, too, that we have people who just accepted that a good portion of did they accomplish? Well, they got rid are suffering from teen pregnancy rates our citizens in Texas would be deprived of some minority districts. They even that ought to make us ashamed. And of even the elementary right to partici- diluted the district of a sitting Member that we need to have an opportunity to pate in the most basic of all activities. of the Georgia legislature who is black; help those people, because they are And that is the right to vote. dropped his district down to 41 percent. Americans, too. But that is just a little So I am proud of the fact that very The gentleman who represents the dis- bit too much for some folks. I am just young and even before I ever even con- trict of the man who said, ‘‘I come about finished. sidered a politically active career, my from a county named Liberty, but they I am reminded of a statute on the thoughts were certainly not that way, still treat us like slaves.’’ grounds of the Georgia State capitol, I had my eyes opened early. And I have We do not know if we can even get and the name of that statue is Expelled watched, of course, with great elation Reverend Tillman reelected in that dis- Because of Color. It commemorates the what has happened since those sad trict, but we are darned sure going to service of 33 African-Americans who, days, and elections such as yours. I try. during the period of Reconstruction, cannot tell you in words how they have But congressional redistricting never were duly elected to serve in Georgia’s thrilled me. happened. It did not happen. So now general assembly. I am saddened to hear of this retro- the issue of Georgia’s 11th Congres- But something happened. They did gressive activity, not surprised. The sional District is right back where it not have the right color. And so they forces of retrogression and return to, started: In the hands of the Court. We were expelled. And this statue is from no matter what efforts they make, are, of course, law-abiding people, and the slave ship to the ship of state, Afri- days and times that will not be re- whatever the dictates of the Court, I can-Americans holding up the State of turned, thank goodness, is always will be prepared to accept them. Georgia, holding up the ideals of this going to be confronted. They will never However, I do not think anybody in country. cease. The forces of retrogression are this country ought to have a good feel- In 1901, there was an African-Amer- there. And when there is no forward ac- ing about what happened in the State ican also who had to exit from these tivity on the part of the progressive of Georgia. Nobody who cares about di- halls. His name was George White from forces, they can gather strength and versity, inclusiveness, real deep-down North Carolina. And he said, this is the they can set back the clock somewhat. So I want to praise you for, first, democracy, should be thrilled or even Negro’s temporary farewell from Con- your presence here, your willingness to happy about the picture that we have gress. But Phoenix-like, the Negro seek a position of representation on painted. shall rise again, and walk the Halls of this national body; and then, very hap- Now, after Georgia comes North Congress. pily seeing how through your com- Carolina and Texas and Florida and Il- It happened in this country. It hap- petency and ability you have mixed linois and New York and Mississippi, pened as a result of the Voting Rights right in the middle of the fray. You because all of those States now have Act of 1965. Black people, white people, challenges to their minority districts. have not held back. died. Our own Representative, JOHN I just cannot tell you with what sad- And what happened in the State of LEWIS, had his head broken open at the ness I feel pervading in my heart as Georgia—the trickery and the tom- Edmund Pettus Bridge. No, I was not you report on some of the things that foolery and the deceitfulness—can hap- there. are still happening, 30 so many years pen to good-hearted, well-meaning peo- But I was there 30 years later. And I ago, that we thought we had at least ple in those legislatures across this am here today as a result. A few people made it difficult to return even in country. in this country want to turn this coun- these areas. So all I can say is that So the State representatives and the try around. The majority of us have some of us are with you, there are State senators who now understand got to say no. We are not going to more here now than we used to count that they might be called into special allow a few people to take back all that on, and that is a very happy thing. session or special duty to address the we have gained. But I cannot begin to describe in issue of redistricting also need to un- I am pleased that I have a hero right words my admiration for your courage derstand that something else might be here on the floor of the U.S. Congress. and your ability, above all, your will- afoot. And in 1992, after I was elected, the ingness to serve, and of course to first person I came to was a Represent- b 1600 pledge to you my absolute support and ative from Texas. And I told him, ‘‘You loyalty to your cause. My father serves in the Georgia legis- are my hero,’’ because his legacy in Ms. MCKINNEY. I thank the gen- lature. My dad has been there for 23 this body has been one of complete de- tleman very much. I would like to con- years. He is what I call a warrior, too. votion to his constituents, complete clude by acknowledging that in Geor- So I am really just a chip off the old devotion to the people of Texas, com- gia we have come a long way. But we block. plete devotion to the people of this still have a long way to go. When he got elected in 1972, the first country. His name is Congressman And in reporting the events of the thing he did was file suit against the GONZALEZ. special session and those events that State of Georgia for unfair hiring prac- I am very proud to yield to my lead- took place just prior to the special ses- tices. State of Georgia continues to be er. sion, it is not my intent to indict any- under a court order regarding that law- Mr. GONZALEZ. I thank the gentle- one who is innocent in this whole play. suit that is over 20 years old. woman very much. But there are some people who are very And all I have done is to take advan- I cannot find the words with which to guilty. And those people know who tage of a district that was borne of the adequately express my feelings at hear- they are. pain of people in the State of Georgia ing your words, especially from you, There were some good people in the and to elevate their pain right here on the gentlewoman from Georgia, Ms. legislature who spoke out and said, the floor of the House of the U.S. Rep- MCKINNEY. I, of course, cannot describe quite frankly, what the problem was. resentatives, and to remember them as to you the thrill and the happiness But their voices were too few, too pow- I go about my business of casting my when I first was able to greet you here erless, too muted. But I do want to vote, speaking out in my committees, at your swearing in, and to have fol- take this opportunity to extend my ap- speaking to my colleagues, and speak- lowed the course in your native State preciation and my thanks to them, be- ing to the press, to always let people in leading to your election. cause they did not have to say those this country know that in the State of For in my own experience, one reason kind things and they did not have to Georgia we still have people who do not I am in the Congress is in a way acci- say those true things, but they did. September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9419 They wear a badge of courage, and subcommittee, for their wonderful engaged in to encourage lobbying by they are now my additional warriors, leadership on this issue. other groups. who may not be in the 11th congres- Let me begin the colloquy by making Mr. EHRLICH. Of course, that is the sional district, but they are warriors an observation. It seems as though problem. That is really the problem. nonetheless for that which is right. In there are a lot of people paying atten- Mr. MCINTOSH. Exactly. And it is a the gallery, aside from State Senator tion to what we have done in the House continuous cycle that has led to huge Donzella James, who participated in so far, with respect to grant reform, deficit spending in this country. the special session and who spoke out Mr. Speaker. Every major newspaper in Then there is another group who say, so eloquently against what happened, the country has editorialized with re- we are not lobbying groups, but we do we also have State Senator Connie spect to grant reform over the last few not like this reform. And what I want Stokes, who represents a portion of the weeks, and we certainly hit a nerve to know from those groups is, what do 11th congressional district. with the American people. they do to ensure that their donors And I would like to take this mo- Now I direct my first question to the have accurately been informed of what ment to thank my own State Senator gentleman from Indiana [Mr. lobbying they do do? for her actions on behalf of preserving MCINTOSH], the chairman of the com- There are some very highly regarded the 11th congressional district of Geor- mittee and one of the leaders along groups in this country. I am thinking gia. The members again of the Georgia with our friend, the gentleman from of groups like the United Way, the Red Legislative Black Caucus worked day Oklahoma [Mr. ISTOOK], in our effort, Cross, the Girl Scouts, the Boy Scouts, in and day out, and they only had one and, of course, the gentleman from who also receive Federal grants, and goal in mind. And that goal was to Washington [Mr. TATE], being one of they engage in very worthy and noble make sure that all of the folks of Geor- the more recent victims of the opposi- activities. Some of them tell us they gia at the end of the day had an oppor- tion with regard to this issue. also want to be lobbyists, not exten- tunity to case a vote, a meaningful sively, but part-time. And I think we b 1615 vote, for the representative of their need to tell their donors, did you know choice. My question to you, my friend, is a that they also want to lobby with some And so while the venue has moved to lot of people thought we would never of the money that you have given a new place and a new time, the cama- get this far. And here we are. We had a them? How much of that money is raderie, the loyalty, the love, the cohe- resounding victory on the House floor. spent on lobbying? Is there a problem sion of the Georgia Legislative Black We are now in the Senate conference with the Washington groups lobbying, Caucus, and the way that I was able to committee. whereas the groups in the States and interact with all of the members, I will I see the gentleman from Washington the communities do not do that but never forget. [Mr. TATE] putting up a piece of de- are, in fact, engaged in charitable ac- From that, I know, will come a new monstrative evidence we have used on tivities? and stronger, more lasting relation- this floor in the past. I know my chair- We are going to try to develop a ship. And also a better relationship man of the subcommittee wants to record in our committee on those is- will come from the Democratic leader- make a few remarks at the beginning sues. ship of the State, that saw that under here, and I will yield to him. Mr. EHRLICH. If the gentleman no circumstance were they able to Mr. MCINTOSH. Mr. Chairman, I would yield, really is that not the break the glue that struck the mem- thank the gentleman for taking the threshold fundamental problem here? bers of the Georgia Legislative Black lead in making the American people It seems as though we have addressed Caucus together. And that was their aware of what, quite frankly, has been this both here on the floor and at var- loyalty to the people of the State of a dirty little secret in this town, that ious times we have had to discuss this Georgia. Federal taxpayer money has been going issue off the floor, and it seems for In conclusion, I would just say that it to lobbying groups in the form of some reason, and the reason appears to is a pleasure for me to serve in the U.S. grants. be Federal money, to have developed House of Representatives, and I have The chart that our colleague [Mr. over the years a distinction between come to love, to truly love many of my TATE] has shown how this welfare for acting as an advocate and fulfilling the colleagues with whom I interact daily. lobbyists works. The taxpayers paying mission of the particular organization. I appreciate all of them for their strong $39 billion, some people estimate it I believe it is fair to characterize our shows of support, for their kind words would be as many as four or five times piece of legislation as an attempt to re- of support, and I want them to know that amount in grants to many special turn these groups. And we are not talk- that no matter how this fight ends, interests. ing about, by the way, many groups they have a friend in me. Now, some of them are very worthy out of thousands, tens of thousands of f charities who are doing the right groups, only a few hundred who, in our things in their communities, but there view, have violated both the letter and MESSAGE FROM THE PRESIDENT are a lot of those groups who are really the spirit of the law, by trying to get A message in writing from the Presi- lobbying and political front groups who rid of that distinction, trying to limit dent of the United States was commu- are taking taxpayer dollars and using that distinction to return these groups nicated to the House by Mr. Edwin them to engage in political tactics. to their fundamental mission, which is Thomas, one of his secretaries. Now, let me say I think everyone has to provide service for the less fortunate f a right to speak out in this country, in our society. but they do not have a right to speak Mr. MCINTOSH. The gentleman is ex- GRANT REFORM out with somebody else’s money and to actly correct. The SPEAKER pro tempore (Mr. be funded by the taxpayer. We heard testimony in one of our EHLERS). Under the Speaker’s an- One of the things that our committee hearings in July from Mrs. Arianna nounced policy of May 12, 1995, the gen- is committed to doing is holding a se- Huffington who told us that there was tleman from Maryland [Mr. EHRLICH] is ries of hearings on this, looking into a serious problem in the charitable recognized for 60 minutes as the des- these groups and finding out some an- community that, rather than doing ignee of the majority leader. swers to some basic questions. Those good works, helping the elderly, help- Mr. EHRLICH. Mr. Speaker, I rise groups that are lobbyist groups, we ing clean up the environment, helping today to engage two freshmen col- want to know, is it true that you are the young people, and you may remem- leagues personal friends and people I segregating the grant money you are ber she talked about Mrs. Hannah Haw- have high regard for, in a colloquy con- receiving from political activities? Is it kins here in Washington who had used cerning grant reform. I want to take true that you have safeguards in place her own money to set up a home for this opportunity to publicly thank the to make sure that you do not violate children after school in the inner city gentleman from Washington [Mr. the current law that prohibits that di- neighborhoods. They are moving away TATE] and the gentleman from Indiana rect funding? And then we also want to from those charitable missions into be- [Mr. MCINTOSH], the chairman of the know what plans that group has been coming lobbyists and advocates that H 9420 CONGRESSIONAL RECORD — HOUSE September 21, 1995 the Federal Government take over attacking me back in my district. The which includes Citizen Action, the Na- those programs, and she thought that attacks have ranged from anywhere tional Conference of Senior Citizens, was, in fact, corrupting the spirit of that there would be a greater chance of the AFL–CIO, the Service Employees charity in this country and that our workers maybe being killed by the leg- Union, and others, are the ones that bill would do a lot in this country to islation being passed to somehow Medi- are paying for the millions of dollars of restore the true sense and purpose of care is being cut. Two lies. Two lies. ads across this country. And the thing charity. And they are being subsidized by the to keep in mind with that organization So I think you are exactly correct on taxpayers. is that they receive over $70 million that point. I can give you a couple of examples of every year, which makes up 96 percent Mr. EHRLICH. Now, I know we have the organizations and how much of their entire budget, and then they a lot to say about some of the misin- money they have received in public turn around, and they are spending formation our opposition has used, but grants. For example, in my particular money with advertising. I think probably the best Member to district, the AFL–CIO, under the guise Mr. MCINTOSH. Do you mean to tell talk about that is our colleague, Mr. of Stand Up For America, spent over me that they receive over $70 million of TATE, and I yield to Mr. TATE. $80,000. These on are ads back in my taxpayer funding? You have been a victim. What hap- district. Mr. TATE. Absolutely. Taxpayer pened? Another organization called Save money, $750 million every year in tax- Mr. TATE. Well, first of all, I would America’s Families spent over $85,000 payer money, 96 percent of their entire like to thank the gentleman from on television and radio ads, not count- budget, and then they are turning Maryland [Mr. EHRLICH] and the gen- ing the amount of money they spent on around and using money to lobby tleman from Indiana [Mr. MCINTOSH]. Medicare events, spreading the big lie against reforms that preserve and pro- Mr. Speaker, these gentlemen, along at taxpayer expense. tect Medicare. Taxpayer funding of the with the gentleman from Oklahoma For example, the AFL–CIO, which is big lie. [Mr. ISTOOK], have done a phenomenal the umbrella group for these organiza- Mr. MCINTOSH. So this group has job of bringing this issue to the fore- tions, received in grants last year, 1994, been receiving all of this taxpayer front. $1.2 million; and so far this year that money, and yet they are spending it on Some of the arguments, and I will get commercials that are not even truthful into some of the attacks that are oc- we can document, they have spent $1.4 million in attack ads spreading the big to senior citizens? curring at home by some of those orga- Mr. TATE. You are exactly right. lie across the country. nizations that are receiving public Mr. MCINTOSH. That is incredible. So, basically, what we are doing is, grants, mind you. Some of the opposi- Mr. EHRLICH. If the gentleman tion, for example, is: Well, you are vio- once again, hard-working people send would yield, I think I speak for all lating free speech if you are limiting at their money to Washington, DC. They three of the sponsors of this rider when some capacity what they can do with turn around, the Government turns I say we have a great deal of confidence their private dollars. around and gives it out to organiza- that your constituents will see through The point is, how can it be free? Once tions that spend it attacking people all of these misrepresentations, be- again, how can it be free if the tax- trying to change the status quo. cause facts are dangerous to dema- payers are subsidizing it? The tax- So those are the kinds of changes gogues. payers are paying for this so-called free that we are trying to make back here. Mr. TATE. If the gentleman would speech. I guess we should be judged by our en- yield, we have received, I think as of I am not here to tell an organization emies. Those organizations that are mid-yesterday, about 660 calls on this what they can do and cannot do with the defenders of the status quo do not particular commercial that is running their own money. The point is, they like what is going on back here, and it back in our district, and over 640 of the are being subsidized by the taxpayers. is a sign that we are doing our job. If calls were saying, RANDY, stick to your So we have an obligation to watch out you are not making some enemies in guns; do not give up; we elected you to for what is going on. Washington, DC, you are not doing go back there and make real change. The other point is that somehow it is your job. What they are outraged about is the intrusive in some other capacity, that I yield to the gentleman from Indi- outrageousness of the lines and the somehow it is Orwellian to tell these ana [Mr. MCINTOSH]. fact that the opposition has no plan organizations what to do. Mr. MCINTOSH. You mentioned that and that it is all being paid for, these I can think of nothing more intrusive this advertising was going on in Wash- ads, or at least subsidized, by their own to me or the people of the Ninth Con- ington State in your home area, and tax dollars. gressional District of Washington that in many cases they were, in fact, Mr. EHRLICH. The moral here is State than to reach into my pocket misinforming the public about what that these people are smarter than and take my hard-earned money, to was happening and doing so from these organizations give them credit give it to some organization or to the groups who have been receiving a lot of for. Government that gives it to some orga- grant money. Mr. TATE. Exactly. nization that turns around and lobbies I had received some information that Mr. EHRLICH. I see we have been for things I do not believe in. there are a list of eight different joined by our colleague and friend, Mr. I mean, we have some great exam- groups who have received nearly $100 ISTOOK from Oklahoma, and I know he ples, if I may. The American Bar Asso- million in grants, who have spent over has a lot to say on this subject. And I ciation, for example, just this year as $6 million in lobbying and political ac- know I join my colleague, Mr. we were working on the flag amend- tivities, giving people bad information MCINTOSH from Indiana, in congratu- ment. We can argue whether we should about what is happening. lating him on his great leadership on have an amendment to protect the flag One of the groups that is not listed this bill, and I would like to recognize or not to protect the flag. That is part there is 60 Plus, and they commended him. of our political system. What I find us for our effort to try to end the sub- As a lead-in to his comments, I would very offensive is when organizations sidy for these groups that are engaged just like to point out the fact that I sat like the American Bar Association re- in this type of political activity. The 60 next to Mr. ISTOOK on the floor when ceive millions of dollars in public Plus Association represents senior citi- we had our debate here a few weeks grants and then turn around and lobby zens in this country. They felt seniors back, and we were frustrated. Obvi- against legislation. That is wrong. were being mislead by a lot of this. ously, we had a time limitation with It hit close to home the last couple of Was the National Council of Senior respect to how we could respond to weeks, I can tell you, in my particular Citizens one of the groups that was in- some of the charges from other side. I district; and the Washington Times has volved in this type of political advo- believe we were termed as fascists, one done a good job of chronicling what has cacy? of the more interesting adjectives used been going on. Mr. TATE. It is my understanding to describe us on the floor that day. Basically what is going on is tax- that they have been involved. In fact, I know it has been very, very frus- payer funding of the big lie. They are the Save America’s Families Coalition, trating for all of us involved in this September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9421 issue to have to respond to simple rep- when actually they are extensions of ment agencies to implement a safe and resentations about what this rider is government agencies. If they are an ex- effective blood supply in this country about. We have heard that it stops all tension of the government, they should are political activities that are a prob- advocacy, that Pell grants are affected, accept the same type of safeguards lem. I do not think they should be de- that specific groups are affected, that which would control a Federal agency fined as political activities. entitlements are affected, that the if it were carrying out a particular pro- Mr. SKAGGS. Mr. Speaker, but that courts are affected, that States and gram. is what the legislation does. local governments are affected, edu- They would never be allowed to en- Mr. MCINTOSH. If the gentleman cational grants. gage in the type of advocacy that is in- would let me finish, Mr. Speaker. No, Is there any end to the misrepresen- volved there. So if they are carrying we have carefully, carefully crafted tations we have heard on this floor? I out a private function, that is great. this bill to make it very clear that direct the question to our colleague They ought to be satisfied with the pri- those activities are not covered. We from Oklahoma. vate dollars. If they want public dol- have worked with the Red Cross and Mr. ISTOOK. Well, I thank the gen- lars, then they ought to accept the their attorneys in letting them know tleman. I appreciate people standing types of limitations that accompany that it is our understanding that that firm on this effort, because you hear public dollars. would be the case. outrageous things. You hear people It is wrong to ask taxpayers to sub- What we are worried about are saying, well, if you receive some sort of sidize political viewpoints through groups that would take Federal grants farm assistance or if you receive a stu- this. Thomas Jefferson had a state- for those activities and then would dent loan or if you receive welfare ben- ment on this, and he said to compel a begin running television advertise- efits. And yet the legislation clearly man to furnish funds for the propaga- ments or running media campaigns states that we are not talking about tion of ideas he disbelieves and abhors where they are advocating a particular government assistance payments to is sinful and tyrannical. I have no de- point of view. So let me assure the gen- any sort of individual. We are merely sire, and I know you do not either, to tleman we do not intend to cover those talking about government grants try to limit the ability of people to ex- types of activities. We have worked which go to organizations. ercise their free speech rights with with language that we think does not The situation is such that we have their own resources and their own apply to them and have offered with had what I feel is a perversion of the money. But if they want to be depend- the Red Cross to specify that very true reason for the existence of char- ent upon Federal funds instead, then clearly. ities in this country, and Chairman they need to decide they should not be Interestingly enough, even when we MCINTOSH and his subcommittee has political advocacy groups. That is the did that, they said, no, we still could had hearings that has helped develop key distinction that we are trying to not support this bill because we are this. People talking about, you know, address in the legislation. concerned about the ability to be advo- we were part of a group that was I thank the gentleman for the chance cates. Then my question is, have they formed to be a nonprofit charity. We to speak to that and want to yield back let their donors know that that is one raised money trying to help people, the floor to him. of the things they have in their mis- trying to do good. Then we found peo- Mr. SKAGGS. May I ask the gen- sion statement? Have they done a good ple trying to take it over and saying, tleman one question. I do not want to job when they have done fundraising the way we can really do good is to waste a lot of time. If it is the gentle- for these other activities of protecting spend all of our time and effort, or man’s intention not to yield at all, I the blood supply, working on emer- most of it, anyway, and our resources will leave the floor. gency preparedness, of telling people, lobbying government for more govern- Mr. EHRLICH. It is our intention not well, we also think it might be impor- ment programs, more resources, higher to yield. tant that we could preserve the right taxes to pay for it, and they call that Mr. SKAGGS. Mr. Speaker, the gen- to be a lobbyist? If they have done that charity. tleman does not want to defend any of disclosure, then they have acted in this with anybody with another point b good faith with their donors. 1630 of view? Mr. SKAGGS. Mr. Speaker, if the That is not charity. We need to help Mr. EHRLICH. Mr. Speaker, since the gentleman would yield. the private charities in this country to gentleman trekked over from his of- Mr. MCINTOSH. Yes, I will yield for a fulfill their true mission by helping fice, we will yield. question. separate them from those that are Mr. SKAGGS. Mr. Speaker, I thank The SPEAKER pro tempore (Mr. masquerading as charities, but are the gentleman for yielding time. EHLERS). It is the gentleman from really extensions of the Federal Gov- I think the point that the gentleman Maryland’s time. Does the gentleman ernment and extensions of lobbying from Oklahoma was just making is yield? groups and political advocacy groups. very, very revealing of the fundamen- Mr. EHRLICH. The gentleman will We need to draw a clear distinction be- tal distortions that are going on in this yield for a short followup. tween them. debate. Does the gentleman believe Mr. SKAGGS. Mr. Speaker, does the If someone says we want Federal that the efforts made, for instance, by gentleman not understand that very money, now they are not forced to ask the American Red Cross to work with facile shift from advocacy to lobbying? for Federal money, they are not forced local and State governments on emer- Now, advocacy presumably does in- to take Federal money, they volun- gency planning is political advocacy clude the work of an organization like tarily say they want Federal grants to that is somehow a problem in this the Red Cross to make sure that we are further a purpose, which is different country? Does he believe that the ef- prepared for an emergency or we have from so many other charitable groups. forts of the American Red Cross to a safe blood supply. But with the nice Yet at the same time, they want the work with all levels of government to easy elision to lobbying, we are sud- Federal handouts, but they say never- ensure that regulations are in place to denly into a whole different range of theless we want to continue to be polit- make the blood supply safe, is that activity. ical advocates rather than true char- somehow political advocacy that war- Why is it that we should restrict the ities. rants restrictions? That is what the ability of an organization like the Red There is a difference. There is a cru- legislation will do. Cross to advocate, not to lobby the cial difference in who we ought to be Mr. MCINTOSH. Mr. Speaker, I think Federal Government with Federal providing assistance to, and it really our colleague from Colorado makes a funds, that is against the law already, scares me that there have been some very good point there. There has been a but to advocate for good emergency reports that say that the typical non- lot of misinformation about the con- preparedness at the State and Federal profit group today receives a third of tent of the bill. and local level, what is wrong with its money from the government. Now, No, I do not think those activities of that? Is that not absolutely consistent that frightens me. We do not want peo- helping to plan for emergency pre- with what their donors expect them to ple to be saying they are charities paredness and working with govern- be doing? H 9422 CONGRESSIONAL RECORD — HOUSE September 21, 1995 Mr. ISTOOK. Mr. Speaker, will the stand our colleague from Colorado So, to answer the gentleman’s ques- gentleman yield? picking an easily discussed case, the tion, $165,000 that we can identify just Mr. EHRLICH. Mr. Speaker, I will Red Cross. To my knowledge, the Red from newspaper reports, not counting yield to the gentleman from Okla- Cross has never put PAC money for or the countless Medicaravans and other homa. against any Republican or Democrat in misrepresentation of the truth that are Mr. ISTOOK. Mr. Speaker, of course either Chamber on this Hill. subsidized once again by the taxpayers, the key is to understand, as we were There are groups sustained 95 percent $39 billion every year is being spent on careful to point out in the legislation, by taxpayers’ money that give not only lobbying, welfare for lobbyists. despite many misrepresentations that 100 percent money to Democrats, but Mr. EHRLICH. Mr. Speaker, I believe different people have made, is that we they have to be of a liberal ideological the chairman of the subcommittee, the did not put in the legislation an abso- bent. They are not just lobbying for a gentleman from Indiana [Mr. lute prohibition recognizing that some cause like Red Cross earthquake assist- MCINTOSH], has a comment as well. people may say, well, there is a gray ance. They are lobbying to fatten their Mr. HOYER. Mr. Speaker, after that line between things that are giving in- own coffers, particularly whiplashing I would like my friend from Maryland formation back to government, and so senior citizens. If we cannot reform to yield. forth. Some people may see some gray that in this Congress, then there are Mr. MCINTOSH. Mr. Speaker, if I area between that and being an advo- going to be people coming up here with could point out one thing that I think cate, not an advocate for safety, not an torches as though this were Dr. Frank- is undermining a lot of the public con- advocate for emergency preparedness, enstein’s castle to burn this place down fidence of charitable groups, that is but a political advocate. in about 4 to 6 years. when they see activities like we are de- So we specified in the legislation Mr. EHRLICH. I thank the gen- scribing where groups who are sup- that we were not saying there is an ab- tleman for his comments. posed to be engaged in charity in fact solute prohibition. We simply said that I have a question for our colleague turn themselves into political groups you should not be expending more than from the State of Washington. He has and engage in that type of activity. 5 percent of your non-federal funds, earlier described some of the ads being That comes on the heels of a few which is a threshold that has pre- run against him. This has really hit years ago tremendous scandals with viously been adopted through courts him in a very personal way, and the the United Way and groups where they were misappropriating funds. By the and through the IRS as a key and rea- good news being that of the, I believe, way, they have cleaned up their act. I sonable threshold. 660 phone calls he received? So we never said that a group could Mr. TATE. Mr. Speaker, there were certainly hope they end up supporting not engage in any type of political ad- 640 positive saying, stick to yur posi- our effort to end welfare for lobbyists vocacy. We just wanted to make sure tion. to reassure people that they have Mr. EHRLICH. Mr. Speaker, with re- changed and do not want to see the they were not engaging to any signifi- spect to the negative calls, the 20 or 30, continued practice where a charity cant degree in that, and that very well did they actually buy what the com- says they are doing one thing and then takes in any type of gray area with mercials were trying to sell them? Was in fact does something else with the which anyone may have a concern. So the staff able to articulate what these money they have raised. In this case it the opponents of this bill unfortu- organizations were about and who was is engaging in political tactics that are nately have grossly misrepresented and funding these organizations? totally unacceptable because they are overstated it, calling it, for example, a Mr. TATE. We are getting that mes- misleading the public about very key gag rule, which is totally absurd. sage out as each call comes in. Mr. and critical issues. We have tried to take a common Speaker, our phones light up each time So there is a question of confidence sense approach to it and understand the commercials run. Like I said, 99 about what can citizens expect from that reasonable people may differ. Yet, percent of the calls are positive. When charitable groups. We heard from a lot I think that just about every American we do get someone who is misled by of the charities who are very active in taxpayer who studies the issue would what I call the big lie at taxpayers’ ex- a day-to-day basis in helping people, agree, it is wrong for taxpayers’ money pense, we spend the time to talk to saying they want to see this bill passed to be used for lobbying. It is wrong for them and let them know that they are because they want to restore that con- taxpayers’ money being used to prop up being subsidized basically by their own fidence. They want us to go forward in and be the difference between success tax dollars, and that alone is enough to this area and clearly separate lobbying and failure for an organization. outrage them. But when they find out and political activities from charitable With that in mind, I would like to that the advertisements are a complete activities. refer to an audit report which was part misrepresentation of what the truth is, So I think we can do them a tremen- of the audit report, and I understand it they are even more outraged. dous favor in this country by helping was an internal audit report for the Mr. EHRLICH. Mr. Speaker, The to restore that confidence. National Council of Senior Citizens short follow-up question, the gen- I also appreciate the gentleman from which receives 95 or 96 percent of its tleman is one freshman. Washington being willing to share with budget from the taxpayers. Their own Mr. TATE. Right. us his experience in his State as an ex- internal audit said the heavy reliance Mr. EHRLICH. How much money ample of what has been happening on governmental grants poses a poten- with regard to the gentleman’s best es- there. tial danger to the long-term structure timate at this time has been spent by Mr. EHRLICH. Although this is high- of NCSC. Absent such grants, the coun- all of these organizations just in his ly unusual, out of an overabundance of cil would be unable to continue its cur- district within the last month? friendship for my colleague, the gen- rent level of operations. Mr. TATE. Mr. Speaker, within the tleman from Maryland [Mr. HOYER], I This is a group that is heavily en- last month, we estimate about $165,000. will yield to him for a brief question. gaged in lobbying in this country, and That is the estimate that comes out of Mr. HOYER. Mr. Speaker, I appre- yet without government grants, they the newspaper by these particular or- ciate very much my friend from Mary- would not be able to sustain them- ganizations in their press conferences; land yielding. We are pleased to have selves. They do not have enough pri- $80,000 by Stand Up For American him as a member of our delegation, vate sector support. They depend upon Families, which once again is an um- even though from time to time we may taxpayers’ money, and I think that is brella group for the AFL–CIO, which disagree. wrong. received millions of dollars in ads. The I ask my friend from Maryland, I Mr. EHRLICH. Reclaiming my time, other one was for the Saving America’s have a letter here addressed: Dear Mr. Speaker, I yield to our friend and Families Coalition, another organiza- STENY. It makes some comments, but colleague, the gentleman from Califor- tion made up of the national seniors, it concludes with this: ‘‘To unduly re- nia [Mr. DORNAN]. the Council on Senior Citizens, the or- strict our ability to work with govern- Mr. DORNAN. Mr. Speaker, one of ganization that receives over 95 per- mental representatives and agencies the clarifying things about this aspect cent of their money from the Federal through the additional regulation envi- is what type of lobbying, and I under- Government. sioned by the Istook amendment would September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9423 not be in the best interest of millions Mr. ISTOOK. What we have said, and philosophical orientation to give the of people who rely on the Red Cross the gentleman is aware, of course, from American taxpayers a break. when help cannot wait. Sincerely, Eliz- being a conferee with me on the Sub- We have groups, I know, on the right abeth.’’ committee on Treasury, Postal Serv- who have opposed this bill; now we ice, and General Government, what we b 1645 have groups on the left and in the cen- have said, I have said it to the gen- ter. I believe the ‘‘defunding the left All of us know that Elizabeth Dole, tleman from Maryland [Mr. HOYER] and charge’’ is now an empty charge. And the wife of majority leader of the Sen- to the gentleman from Colorado [Mr. certainly if we look at the groups ac- ate, is head of the Red Cross. Through- SKAGGS], I have said it to Members of tively lobbying against this bill, it just out this letter, as the gentleman may the Senate and the House, and con- does not make sense. know, she is very concerned about the veyed it to White House representa- Mr. Speaker, I yield to my colleagues Istook amendment’s proscription on tives, that anyone who has construc- from the State of Washington. the ability of the Red Cross to advo- tive recommendations to make sure Mr. TATE. Mr. Speaker, I have two cate positions which it believes to be in that this legislation is put in its best the best interest of the people of this quick questions in response to the com- possible form so that it does not have ments from across the aisle to the country. unintended consequences, we want to Mr. EHRLICH. Mr. Speaker, I thank chairman of the committee. What is listen to and we want to work with. the threshold, Mr. Chairman? my colleague from Maryland for asking We do have a problem sometimes a very legitimate question and I know with some groups, rather than trying Mr. MCINTOSH. The key threshold is my colleague from Oklahoma, who has to make constructive recommenda- that for groups who take no Federal had very, very recent communications tions, they make a knee-jerk reaction money at all, they are not covered by with the Red Cross, as well as my col- just opposing it, and, frequently, that this provision. They can lobby. They league from Indiana, wants to answer comes from organizations that are can do whatever they would like to my friend’s question. heavily dependent on Federal funds and with their money. Mr. ISTOOK. Surely. there is, as the gentleman knows, a lot For those groups who do take a Fed- Mr. Speaker, I think what we have of discussion about it and a lot of rep- eral grant, are subsidized by the tax- seen is there has been a vast resentations made to people about payer in their activities, they can disinformation campaign that has been what is or is not in the bill. spend up to 5 percent of their own stimulated by groups receiving Federal We want to work with all persons funds, no money from the taxpayer but funds. They have made contracts, they that are concerned, and that will be re- 5 percent of their own funds, to lobby, have made some, frankly, scurrilous flected in the final product. and we are allowing that so they can be statements to all sorts of organiza- Mr. EHRLICH. Mr. Speaker, in fur- advocates at the local and Federal tions, trying to use scare tactics, and ther answer to my colleague from level. But when they start becoming certainly they have prompted concern Maryland’s inquiry, I recognize my predominantly a lobbying group and go to be expressed by those groups. What friend, Mr. MCINTOSH. over that 5-percent threshold, we are we have certainly done, in working on Mr. MCINTOSH. And let me say, Mr. asking them to give up that taxpayer this legislation, is to have an open door Speaker, in the effort of being con- subsidy. policy, whether a group is for us or structive in this, our subcommittee of They make a choice, Mr. Speaker, against us or in between, for an expla- the Committee on Government Reform they can be a lobbying group or they nation. and Oversight will be having hearings can be a charity, but we are not going We have certainly been working with further into the application of this bill. to let them lobby with taxpayer dol- the Red Cross both to explain to them One of the hearings will be taking lars. the difference between what was told place next Thursday. We have invited Mr. TATE. One last question, I guess to them prompting their communica- Mrs. Dole to come and talk with us a two-part question. One is, the 5 per- tions and what is really being pursued, about areas where she thinks she cent, up to the first $20 million. That and to make sure, of course, that the might be hindered in her legitimate would work out to be a million dollars final form of the legislation is a form charitable activities so that we can ad- in lobbying, is what we are talking that does not put any undo restrictions dress that problem. about. Not exactly shutting down lob- on any sort of legitimate charitable or- We will also be asking if there are bying, as we know it. They would still ganizations. What we have to do is areas where she wants to cross over be able to lobby. They should be able to make sure that the legislation has the into the lobbying area, and is that get the job done on a million dollars. appropriate filter to separate the good more than 5 percent of their budget or And after that first $20 million, as I from the bad from the ugly. would they be protected with that pro- understand it, it is 1 percent after that. Mr. Speaker, just because a group is vision. I think that will allow us to So we are talking about a significant organized with a so-called nonprofit build a record there of exactly how this amount of money. We have not ended it structure does not mean that it has the bill would work, and, hopefully, reas- all together. We are not limiting free reputation of the good deeds that the sure her of that. speech, but we are putting some limits Red Cross, of course, is noted for. So I am looking forward to next Thurs- so they cannot abuse the process, if I we are working with the Red Cross and day and, hopefully, Mrs. Dole will be am not mistaken. other organizations to address all le- able to join us at that hearing. gitimate concerns that are brought to Mr. TATE. Mr. Speaker, would the Mr. MCINTOSH. That is correct, and our attention, and I think that is going gentleman yield. if the gentleman will continue yield- to be reflected in the final product. Mr. EHRLICH. Mr. Speaker, I want ing. Mr. HOYER. Would the gentleman to further yield to my colleague from Mr. EHRLICH. Mr. Speaker, I yield yield so I can enter into this colloquy? Washington, but I think my colleague to the gentleman from Indiana. Mr. EHRLICH. Yes, I would yield to from Maryland raises a very legitimate Mr. MCINTOSH. Let me also point the gentleman. point. I want to enlarge it, however, out another key feature of the legisla- Mr. HOYER. Mr. Speaker, I under- because one of the prime criticisms of tion. If a group decides to spend up to stand what the gentleman has said. our initiative has been, quote-unquote, a million dollars in lobbying, they have Presumably, Mrs. Dole, who has an defunding the left. to disclose that to their donors, so that ability to find out about the sub- If anything has occurred over the we cannot have this secret effort on stantive legislation, in her letter to me last few weeks, Mr. Speaker, it is a fact lobbying on the one hand with a group of September 11 understood the legisla- that groups from the right, the middle, that is posing as one that is doing good tion as it was then crafted; is that and the left have problems with this works in charities when they go out to what the gentleman says? And if that legislation. I was driven by no particu- solicit money from the public. I think is the case, have there been changes lar philosophical orientation in becom- the donors have a right to know about made since September 11 to the Istook ing a cosponsor, along with these two that activity when they are making amendment? gentleman, of this bill, other than my contributions as well. H 9424 CONGRESSIONAL RECORD — HOUSE September 21, 1995 Mr. EHRLICH. Mr. Speaker, reclaim- by giving them these resources. In fact, in lobbying and wanted to have Federal ing my time, the gentleman just ana- we have judged that Catholic Charities subsidies for that through the Tax lyzed the various categories of recipi- does good work, and we want to give Code. ents, and it is true, is it not, that cat- them resources because we believe they The Court noted that Congress does egory A, those groups who do not take will more effectively distribute those not have to subsidize lobbying. In fact, any Federal grants, account for 9 per- funds than will the government. the U.S. Supreme Court specified that cent of all the groups we are talking So I say to my friend, as he can see, ‘‘The Federal Government is not re- about; is that correct? it is not just that, yes, they have Fed- quired by the First Amendment to sub- Mr. MCINTOSH. That is correct, al- eral funds, because we have decided sidize lobbying. We reject the notion though, as the gentleman from Okla- that we believe they can apply those that First Amendment rights are some- homa pointed out earlier, those small funds effectively. As a matter of fact, I how not fully realized unless they are percentage who do receive Federal think that is consistent with some of subsidized by the State.’’ funds receive enormous amounts of the philosophy that Members on the The notion that the government has Federal funds, and yield a dispropor- other side of the aisle have discussed to buy you a microphone or buy you a tionate influence. recently. newspaper or give you funds with Mr. HOYER. Would the gentleman Mr. EHRLICH. Reclaiming my time, which to carry on your lobbying activi- yield? I intend to yield to the gentleman from ties, I think is blatantly absurd. The Mr. SKAGGS. Would the gentleman Oklahoma, who is chomping at the bit taxpayers are not required to subsidize yield on that point about who is cov- over there, but, first, two points. lobbying. If a group wants to lobby, ered? First of all, the gentleman raises a that is fine. That is their constitu- Mr. EHRLICH. Mr. Speaker, I yield very legitimate point, again, with re- tional prerogative, but it is not free to my good friend from Maryland. spect to the mission of these nonprofits speech if they say, ‘‘We want the tax- Mr. HOYER. I thank my good friend and for-profits we are talking about, payers’ money.’’ That is a clear delin- from Maryland, Mr. EHRLICH, who makes a point that this legislation was because that also has been lost in this eation and distinction. The gentleman also mentioned, of originally perceived as defunding, try- dialog, the fact that we also cover course, Mr. Speaker, something from ing to defund the left. He points out under our version of this initiative for- correctly that those in the middle and profits. someone at Catholic Charities, U.S.A. those on the right have now raised Mr. SKAGGS. And individuals, too. He may not be aware, Catholic Char- similar concerns to those on the so- Mr. EHRLICH. No, no. ities, U.S.A. annually receives from the called left. Mr. MCINTOSH. Actually, they are taxpayers, from the government, al- As a matter of fact, I have in my expressly exempt. most $1.3 billion. It is two-thirds of hand another letter from Fred Mr. SKAGGS. Wrong. their operating budget. I think there is Kammer, Father Kammer, who is presi- Mr. EHRLICH. Mr. Speaker, the gen- a bona fide question, anytime an orga- dent of Catholic Charities of the United tleman is right. Over the years, there nization has that level of funding, States of America. I do not know has built up a momentum so that cer- whether they are really an organiza- whether the gentleman from Maryland tain organizations have not only as- tion separate and apart from the gov- puts them on the left or on the right or sumed a responsibility for their origi- ernment, or themselves have become in the middle. I would suggest they nal mission but also a dual responsibil- an extension of the government. probably have a number of views which ity to advocate on behalf of their mis- If we have that kind of money flow- fall into maybe all of those categories sion. ing through the Department of Health at any given time. That is the bottom line philosophical and Human Services or HUD or the Mr. EHRLICH. Depending on the question here when we get down to it, EPA or the Labor Department or Edu- issue, I guess. where that line really should be drawn. cation or anything else, we would in- Mr. HOYER. Depending on the issue. We believe that line has gone out too sist upon safeguards to limit its use, to That is the point I make. I would sug- far, and I think we have some evidence assure it is not used for lobbying or po- gest this is a very serious issue, and we presented with respect to Members of litical advocacy. are discussing it seriously, and I think the freshman class, particularly con- When any group has that level of its that is important for the American cerning advocacy efforts around the funding, $1.3 billion, just a little under public. country today in support of that point. that, two-thirds of its budget coming I have read a number of legal opin- Also, the gentleman from Maryland, from the U.S. Government, we have a ions, or CRS reports, including Profes- being a learned lawyer of good reputa- serious question at what point do they sor Cole from Georgetown University tion, I will have delivered to his office cease to be a private group and become Law Center, the law center from which tomorrow a memorandum from Profes- an extension of the government. I graduated. I have not seen a case that sor Harrison, I believe from Virginia We are talking about safeguards with justifies or condones or holds constitu- concerning the constitutionality of the taxpayers’ money. We are trying to be tional the proscription of private dol- Istook-McIntosh-Ehrlich initiative, very reasonable and prudent in the ap- lars, nonpublic dollars, on lobbying or which the bottom line is that it is con- proach. We are open-minded, we are lis- contact of government or trying to im- stitutional. In fact, government does tening to that, but this is a severe pact on policy activities of nonpublic this all the time, attaches specific re- problem that does need to be addressed. groups. quirements, and I will yield in a mo- Mr. HOYER. Mr. Speaker, will the Furthermore, let me suggest not only ment to the gentleman from Indiana, gentleman yield? is that why it is a serious issue, be- but I will be glad to engage my friend Mr. EHRLICH. I yield again, for the cause whether it is left, right or mid- from Maryland in a colloquy after he third time, to my colleague, the gen- dle, we believe this is violative of the has an opportunity to read that memo- tleman from Maryland. constitutional right to free speech and randum as well. Mr. HOYER. I want to thank pro- the right to petition one’s government, I will at this time yield to my friend fusely my colleague from Maryland, but, in addition to that, I say to my from Oklahoma, Mr. ISTOOK. because I know this is their special friends, who I know feel very strongly order, but this is an important issue. b about this, that the issue here is the 1700 We need to discuss it back and forth. reason so many of these groups have Mr. ISTOOK. Mr. Speaker, I thank I would say to my friend, the gen- public funds is because we have decided the gentleman for yielding. tleman from Oklahoma, for whom I as a Congress and as a people that it is I would like to address the two points have a great deal of respect, because he better to give to the American Red that the gentleman from Maryland is one of the hardest working Members Cross or the Catholic Charities or some mentioned, one regarding court deci- of this House, he has a good intellect other group funds to solve certain sions. In 1983 the U.S. Supreme Court, and is industrious in applying that in- problems. in the case of Regan versus Taxation tellect, but I would say to my friend in They are not necessarily doing us a With Representation, addressed that this instance, he does reference lan- favor. We are not doing them a favor point when a group wanted to engage guage, but that language refers, as the September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9425 gentleman knows, specifically and ex- Mr. EHRLICH. I yield to the gen- nizations supporting this initiative— clusively to taxpayers’ money. The tleman from Indiana. the National Association of Manufac- gentleman’s amendment relates to Mr. MCINTOSH. I thank the gen- turers, and the list goes on and on, a nontaxpayers money, because it would tleman for yielding. lot of these groups appreciate the im- not be necessary, because under This is really in response to the ques- portance of this particular initiative. present law, taxpayers’ money is al- tion from our colleague, the gentleman That is why they have come forward to ready legally precluded from being from Maryland. One of the things we support us. spent on lobbying activities. heard in our subcommittee over the I yield to the gentleman from Okla- The gentleman seeks to get at non- summer when we had hearings on this homa. Federal taxpayers’ money. That is the was that there are groups out there Mr. ISTOOK. Mr. Speaker, I thank very significant and important distinc- who receive Federal funds and actually the gentleman for yielding. I realize tion that the Court draws. It drew it in violate the provisions of their grants, our time is running low. I just want to Russell versus Sullivan, it drew it in and end up using those funds to, in the say that I applaud my colleagues for the Regan case that you referred to, case that came before us, to conduct a working on this effort, the gentleman and it has drawn it in every case that symposium on how to lobby local gov- from Washington [Mr. TATE], the gen- I have reviewed. ernments. When the agency was noti- tleman from Maryland [Mr. EHRLICH], Mr. Speaker, I would say to my fied of this, they did nothing to prevent and the gentleman from Indiana [Mr. friend, I thank him for yielding, and that and did not ask that the grant be MCINTOSH]. I think this is an extremely look forward to reading the memoran- repaid and, in fact, were implicitly important issue. dum that he is going to provide me condoning that type of activity. Again, the heart of the matter I with, but that is the nub of this issue. Therefore, I think some of the bill’s think was summed up, I am told, and I We are not talking about taxpayers’ provisions we have are aimed at, first, did not witness it, but I am told by a funds, we are talking about private forcing disclosure on how both the pri- colleague that the President was good funds. vate and the public sector funds are enough to appear on a local talk show Mr. EHRLICH. There is also a ques- spent; and second, making it a very, recently while he was visiting another tion here with regard to fungibility, very clear demarcation that if you are State. The first question asked him and I know my colleague is going to receiving a Federal taxpayer subsidy, was how he felt about groups that are address it. you should not be lobbying. That, I lobbying receiving Federal grants, tax- If you read the Regan case, it was not think, is a very simple formula that payers’ money being used to subsidize a question of whether the subsidy underlies all of this effort, and one that that. His response was to say, ‘‘Well, I would be received in the form of a I am very convinced the American peo- am in favor of free speech,’’ and then check. The question was whether the ple want to see. changed the subject. The essence of this point is it is not organization would enjoy the tax-ex- Some of the editorial boards in my free speech. If you have organizations empt status which, as the U.S. Su- district have been commenting on this. sometimes receiving a half a million preme Court said, is a form of subsidy, By the way, they do not agree with a dollars, $1 million, $10 million, $76 mil- just as a Federal check, a direct pay- lot of the things I have been trying to lion, $100 million, over $1 billion, in one ment, would also be a form of subsidy. do as a freshman Republican in reform- case, that is not what we categorize as Mr. ISTOOK. Mr. Speaker, if the gen- ing this, but in this area they do think free speech. We are talking about pub- tleman will yield further, speaking we are on the right track, because, lic money which has to have public both in terms of money received from quite frankly, they did not know this protection. If there were a Federal private sources but protected by the lobbying was going on and they do not agency engaging in these matters with Tax Code, private money but therefore, think it is appropriate to be doing it taxpayers’ money, everyone in this a form of Federal subsidy, or direct under the subsidy of a Federal tax- body, I would hope, would be outraged. payments from the Government and payer grant. When Federal money is being used to therefore also a Federal subsidy, the Mr. EHRLICH. It is certainly a new more or less have extensions of Federal Court applied the same standard in the issue, and I think, quite frankly, that agencies or extensions of a political language of the Regan case to both of has been part of the problem. I know party to do their bidding, that money them when it mentioned and held that the gentleman from Indiana would deserves to have the same safeguards taxpayers are not required to subsidize agree with me, that certainly has been as if it were being spent directly political activity or lobbying activity, part of the problem. People were not through a Federal agency, and we are whether that subsidy came in the form ready to interpret this issue, to hear trying to honor that principle. of a direct payment from the Govern- the terms of the debate. They really Mr. EHRLICH. What we are really ment or whether it came in the form of did not know what the status quo was. talking about, at a very bottom line, favorable treatment through the Tax You may have received some opposi- fundamentally, is the Federal tax- Code, even though you were talking tion from your local editorial boards, payer’s dollar being spent on direct about the use of privately earned but it is nice to know. service, actually helping the American money. Mr. MCINTOSH. If the gentleman people. I congratulate the gentleman So I would submit to the gentleman will yield, in this case the editorial from Oklahoma [Mr. ISTOOK] for his that the Court was addressing funds boards are strongly in favor of it. great leadership on this bill as well. from a private source as well as funds Mr. EHRLICH. That is nice to know, I yield to the gentleman from Indi- directly from a public source. as well. ana. Mr. EHRLICH. Mr. Speaker, I would Mr. MCINTOSH. I will submit for the Mr. MCINTOSH. The gentleman is ex- say to the gentleman from Maryland, I RECORD some of the editorials they actly right. We are talking about using am happy to have had his part of the have written. In this case, fairly liberal this Federal money for real services colloquy. This is a very important folks are saying, ‘‘You are on the right that help people, in contrast to what issue. He has raised some very impor- track, we need to clean up the outfit in our colleague, the gentleman from tant questions. I know you disassociate Washington and end this government Washington [Mr. TATE] pointed out, yourself from some of the terms that subsidy of lobbying.’’ where they are funding the big lie and were used to describe the three of us Mr. EHRLICH. In addition to your misleading the public about very im- during the debate on this floor a few local editorial boards, it is nice to portant issues. weeks ago. That is why I specifically know that groups, highly respected Mr. EHRLICH. What better lead-in to recognized both the gentleman from groups like the National Taxpayers close our colloquy than to yield to our Colorado [Mr. SKAGGS] and the gen- Union, Citizens Against Government friend, the gentleman from Washington tleman from Maryland [Mr. HOYER]. Waste, the National Association of [Mr. TATE]. They are both well respected and we Wholesale Distributors, the Eagle Mr. TATE. Batting clean-up on this, appreciate their input. Forum, the Competitive Enterprise In- I just want to thank the gentleman Mr. MCINTOSH. Mr. Speaker, will stitute, the 60-Plus Association—in from Maryland [Mr. EHRLICH], the gen- the gentleman yield? fact, we have two senior citizens orga- tleman from Indiana [Mr. MCINTOSH], H 9426 CONGRESSIONAL RECORD — HOUSE September 21, 1995 and the gentleman from Oklahoma Committee on International Relations Primakov. I have met with him in KGB [Mr. ISTOOK] for their leadership on of the gentleman from New York, BEN headquarters with HENRY HYDE some this particular issue, and once again to GILMAN, they did not affect Christian years back. He is now helping to build reiterate $39 billion every single year is first names, probably because they are up the intelligence capability of terror- spent on lobbying. It comes in many not Christians, they are Buddhists. But ist states like Iran, so designated by forms, whether it is lobbying against if they had taken an anglicized name, the State Department, even under lib- the flag amendment, which we recently it would be easier to imprint in the eral leadership under Clinton’s ap- had on the floor, or right back in my consciousness of the American people pointed secretaries and under Secretar- own district where they are funding and freedom-loving people in Europe ies. $165,000 in radio and television com- and around the world the name of a Not only do we have that emerging mercials spreading the big lie. And victim of Communist tyranny, as we problem in the much-reduced empire once again, that is taxpayer-funded, if were able to do with Mr. Wu, because that is now down to Russia and a few not directly, indirectly, subsidizing the he took my father’s first name, Harry. adjoining countries they consider with- spreading of the big lie. ‘‘Harry Wu’’ became a battle cry for in their hegemony, countries that rely What we are trying to do, as the liberal Democrats like the gentle- on them for gas and oil and other criti- chairman, the gentleman from Indiana woman from California, NANCY PELOSI. cal things to keep cities running. There [Mr. MCINTOSH], has said, is bring trust It got all mixed up with the trip of the are terror regimes still, depending on back in Government. People will know First Lady over to the Beijing Con- how you count the numbers of people that when money is sent to the Govern- ference, the very controversial U.N. that are terrorized, in Cuba, North ment, it is being spent as it is designed, conference. Korea, we do not get much argument not for partisan politics. It should be b on North Korea, and communist Viet- spent to help the people of the United 1715 nam. States and spent wisely. What we are So much international pressure that Very few, if any, Democrats in the trying to do is bring trust and respon- the Chinese communists in Beijing other body, and most of the Repub- sibility back to Government, and this knew there would be no trip of Hillary licans who voted against Mr. SMITH, all really puts faith back in Government. I Clinton if they did not release Harry of them as a matter of fact, they am excited by what you folks are Wu. dropped the word ‘‘communist’’ from doing, and I just want to commend But meanwhile, in the other Cham- any discussion of Vietnam and Hanoi, your work on this issue. ber, and I am going to go slow here so using it occasionally because ‘‘social- Mr. EHRLICH. Directed to the gen- that I do not skirt a line and violate ist’’ is in their title, as it was with all tleman from the State of Washington, comity with the other Chamber on the the communist countries at the height you have helped me to regain some of north end of this building. But how is of the cold war when they were killing my faith; not that I have lost much, it it that the Senate could vote yesterday and jailing people by the tens of thou- has been a great 8 months here, but blocking Senator BOB SMITH of New sands, and killed hundreds of thou- your constituents can still discern the Hampshire’s reasonable amendment, sands, if not millions, in the Vietnam difference between the truth on one endorsed by the chairman of Foreign Southeast Asia area and in the Korean hand and a lie on the other, and I think Affairs, Mr. HELMS, the chairman of War. They always substituted the word you will be all the better for it. I thank Defense, Mr. STROM THURMOND, and the ‘‘socialist’’ for ‘‘communist.’’ Even my colleagues very much. leader of the Senate and leading presi- they knew the dreaded impact of the f dential candidate, BOB DOLE? How is it word ‘‘communist.’’ that a bunch of Republicans over there But with Cuba, North Vietnam, now AMERICAN CITIZENS RECENTLY could dismiss Senator SMITH of New all of tortured Vietnam, North Korea, SENTENCED TO IMPRISONMENT Hampshire’s reasonable amendment and communist China still engaging in IN COMMUNIST VIETNAM that no trade negotiations could be massive human rights violations, why The SPEAKER pro tempore. Under a furthered with United States tax- are two naturalized United States citi- previous order of the House, the gen- payers’ money, let alone setting up an zens written off, rotting in prison for 2 tleman from California [Mr. DORNAN] is embassy in the communist capital of years this November in Saigon? recognized for 30 minutes. Hanoi, unless these human rights vio- Here are their names: Nguyen, N-G- Mr. DORNAN. Mr. Speaker, we have lations are reversed and these two U-Y-E-N which is the Vietnamese cul- a tragic situation going on, as this, the Americans are set free, as Harry Wu tural equivalent to Jones and Smith most powerful, deliberative body in the was set free in China, and that we get combined. It is the most common name free or democratic world, meets. We a fullest accounting, that is a very key in Vietnam society. Nguyen Tan Tri. have American citizens sentenced to 7 word. Not ‘‘full’’ or ‘‘fully.’’ But ‘‘full- Not a hard name to remember. Nguyen and 9 years of imprisonment in Saigon, est’’ means reasonable accounting with Tan Tri. and some day it will be renamed Sai- the communist giving up the politburo He was given a 7-year sentence. Tran gon again, not named after a Com- and the Communist Central Committee Quang Liem. My ninth grandchild is munist killer named Ho Chi Minh. Just records on our missing in action. named Liam, Irish-Gaelic. Liem should as Lenin’s name was removed from Unless those two things, and a hand- not be so hard to remember. Mr. Tran beautiful St. Petersburg in northern ful of other reasonable small things, and Mr. Nguyen, 7 and 4 years respec- Russia, and as Stalin’s name was re- are conformed with by this communist tively sentenced, and the U.S. State moved from a strategic battle area in government in Hanoi, as we put tre- Department said it was unwelcome; World War II, Stalingrad, and the city mendous pressure on Castro and the that it was an unwelcomed deed. has back its less bloody name of communist government in Havana Further on in the press release from Volgograd, some day it will be Saigon Cuba today, unless these reasonable re- an Associated Press story on August 16, again. So as a free man, I will continue quests are taken care of, then no the day after they were sentenced dur- to call it Saigon. money from the taxpayers of the Unit- ing our break; no one here to speak up In Saigon, and I want to speak slowly ed States Treasury should be provided for them on the House floor, myself in- for our official recorder of debate here, to the communist government in cluded, the State Department state- so we get these names right, and unfor- Hanoi. ment goes on further to say that it was tunately, the Americans sentenced to There is a cover story on a national ‘‘disappointing.’’ ‘‘Disappointing and prison in Saigon are naturalized Amer- magazine in the last couple of weeks unwelcomed.’’ icans; as was Alexander Hamilton nat- about communism being far from dead. Disappointing, because the sentence uralized, as is Henry Kissinger, as are a Not as long as it is persecuting happened 6 days after the U.S. Sec- lot of great Americans who have in- 1,260,000,000 people in China. That is the retary of State, in the job that was vented things and fought and died for United States plus a billion people. Not first held by Thomas Jefferson, whose this country and our liberty. as long as Russia is rebuilding its KGB beautiful marble medallion is up here, Unlike Harry Wu, who I had a chance apparatus under a new name, under one Warren Christopher posed in front of a to meet as he was testifying before the of their old leaders, Yevgeniy bust of communist killer, Ho Chi-Minh, September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9427 and 6 days later American citizens are tage of the right of freedom and democ- thereof, which are a matter of public sentenced to 6 and 4 years. Teddy Roo- racy to damage the interests of the record, and factual descriptions relat- sevelt, where are you when we need government and social institutions.’’ ing to Senate action or inaction con- you to speak up for these two lost So, of course, great bipartisan groups cerning a measure then under debate in American citizens, Nguyen and Tran? like Human Rights Watch/Asia, have the House, but may not include charac- And by the way, they are both con- attacked this. Again, weak words from terizations of Senate action or inac- stituents of the Orange County delega- our State Department. So the Ho Chi tion, or other references to individual tion from southern California. Then, Minh City, that is Saigon, People’s Members of the Senate.’’ another constituent who used to be one Court jailed this monk for 5 years. Members will recall that on October of mine when he first fled communism This is going on while the U.S. Sen- 8, 1991, the Chair held as unparliamen- and arrived in Westminster, that city ate debates, and my colleague, BOB tary remarks in debate advocating cer- since the reapportionment is now rep- SMITH, pours his heart out. And then tain Senate action with respect to the resented by my pal, DANA another one of my friends gets up and pending nomination of Judge Clarence ROHRABACHER, this gentleman is attacks me and another couple of Mem- Thomas for appointment to the Su- thrown in prison—a businessman who bers of this House. preme Court. went over there to promote democracy PARLIAMENTARY INQUIRY Members should be guided by that re- peacefully. But the communists have Mr. DORNAN. Mr. Speaker, I may cent precedent. The Chair expects the found out that if they capture busi- have to ask for some parliamentary cooperation of all Members in main- nessmen, just like they are some Mafia guidance on this. I was described as in- taining a level of decorum that dig- thug operation, they can demand from significant, Mr. Speaker, by a U.S. Sen- nifies the proceedings of this body and their family in the United States ran- ator. That is OK. I am a peacetime maintains comity with the other body. som money, like it is King Richard the combat-trained warrior. But our col- Mr. DORNAN. Mr. Speaker, you will Lionhearted. league and friend, one of the greatest certainly get that. Let me ask one We will spit them out of our com- heroes, including all the heroes who clarification problem. Yesterday’s CON- munist country if you give us ransom came home from World War II, who GRESSIONAL RECORD is public record money; $15 thousand is the going price. serves in this Chamber, was attacked now. Now, how can I discuss that de- This businessman from Westminster, a also as insignificant, SAM JOHNSON of bate and the words in that debate? Fur- member of the Lien Viet party, his Dallas, TX. ther clarification, if I do not mention a name is Van Thanh Nguyen. SAM spent 7 years in Communist cap- Senator’s name, can I read his—well, I Here is a lady from Corona, just up tivity; 31⁄2 years in solitary confine- have already eliminated the seven or the road from me, the first city out of ment. Was one of the most tortured eight women over there—can I read his my district into L.A. County. She is men, and one of those so loyal that like remarks from the public RECORD, the another businesswoman, one of seven other people, would not play basketball CONGRESSIONAL RECORD of yesterday? I thrown in prison, ransom being de- or volleyball or decorate fake Christ- know I can give the results of the vote. manded on them. Her name is Mrs. mas trees, because he knew they would Binh Thy Nguyen, and then her mar- be filmed and used in propaganda films. The SPEAKER pro tempore. It is the ried name, Tran. You can call her for He and 10 other men stood up to the Chair’s understanding that the ref- short, Mrs. Binh Tran. She is rotting in Communist manipulation of them. erence is improper unless there is a prison. He was put in a little camp that measure under consideration in the She was pregnant when they arrested they, with great American bravado and House. her, and because she was 2 months spirit, called Alcatraz, and for 11 years, Mr. DORNAN. There is. pregnant and in great emotional dis- Senator Jeremiah Denton, who served 6 The SPEAKER pro tempore. Only tress and complications set in, they great years in the other body, and when under debate, then on the floor of forced her to have an abortion. This is Coker and McKnight and another hero the House, that the gentleman should not China I am talking about, killing who just died recently in a plane crash refrain from referring to the proceed- babies for gender selection and infan- that his grown son mercifully survived, ings in the Senate. ticide, on top of an abortion Holocaust God’s calls are strange indeed, some- even worse than the United States toll times. Eleven of the best, including a Mr. DORNAN. Right There is nothing of 1,500,000 American babies killed in man who got the Medal of Honor that on the House floor now, except my Spe- their mother’s womb. This is forced Alcatraz camp, who Ross Perot chose cial Order. So that is not the business abortion in Saigon by a communist to be his Vice President in 1992, James relating to this business of Vietnam. government. It is unbelievable. Bond Stockdale. However, we have in conference a How about a monk, a Buddhist They are all on a letter that I will unanimous agreement by voice vote, monk? Considering how it turned put in the RECORD saying that we with the only debate carried by the America’s newspapers upside down should not normalize relations with aforementioned SAM JOHNSON of Dal- when Buddhist monks immolated Vietnam. las, TX, a House item in our Inter- themselves in 1963 and 1964. Here is a My squadron commander, Robby national Relations conference that no monk who, without government per- Risner, also tortured months on end, as money shall be expended from the U.S. mission, went to help the flood victims was SAM JOHNSON and James Bond Public Treasury to send an ambassador of the constant flooding, seasonally, of Stockdale, decorated with the Air to Vietnam, or to increase the size of the Mekong River, and because he did Force Cross. They are in agreement our delegation there beyond what is it as a religious person, a Buddhist with me. Are they also insignificant, as was on July 12. monk and a leader, he gets 4 years in this Senator has called me? Now, since that has already passed prison. I will look up the exact time he I want to ask a question to the Chair, the House and it is in conference, and is going to have to rot in prison. He because I want this to be perfect, what the conference is pending, and I am goes to prison. They would not even I put in the RECORD according to our meeting with the conferees in 5 min- give him the dignity of his religious rules of the House. Since I am mention- utes, does that make me able to make name. His religious name is Thich ing a Senator, responding to him, try- the case in countervention to the Sen- Quang Do. They tried him under his ing to be respectful, I am not allowed ate case made yesterday that lost 58 to former name, before he became a to mention his name; is that correct, 39? priest, and he is a deputy leader of the Mr. Speaker? Would you ask the Par- b 1730 Unified Buddhist Church in Vietnam. liamentarian. But that is a church that believes in a The SPEAKER pro tempore (Mr. The SPEAKER pro tempore (Mr. Supreme Being, so it is banned in Viet- HOBSON). For the benefit of the Mem- HOBSON). The short answer is no, you nam. ber, the Chair will read the pertinent may not speak in characterization of They said, ‘‘You are undermining na- language of clause 1 of rule XIV. ‘‘De- that. tional solidarity,’’ these are the com- bate may include references to actions Mr. DORNAN. Right. OK, let me munists speaking, ‘‘and taking advan- taken by the Senate, or by committees broaden this. H 9428 CONGRESSIONAL RECORD — HOUSE September 21, 1995 Mr. Speaker, I am not a courtroom State Department, one African-Amer- And people are saying, in this city, attorney, and I do not want to be un- ican, one Hispanic heritage American, that it is good, that Vietnam is over fairly clever since I have already men- and one just generally Anglo-looking and the American people overwhelm- tioned part of this, and do a Jonathan American. That statue and a plaque at ingly want it over. Swift ‘‘Gulliver’s Travels’’ trick here the base of the flag that says they Well, I guess I cannot put the CON- that I see happen all the time on the served under difficult circumstances. GRESSIONAL RECORD in the RECORD other side of the aisle now, and talk Yes, alluding to a war criminal named here. It would be redundant, but I about characterizations. But let me Robert Strange, and Strange in his would like it to be a part of my debate, broaden it out then to those people out mother’s maiden name. People ask me so I would ask people, the million-plus there in America who try to compare if I make that up. Robert Strange audience of C–SPAN who quite intel- Vietnam to Germany where we won the McNamara, a war criminal, is on his ligently and historically follows the war, hung the war criminals, walked way to Hanoi and it is being set up for proceedings of this Chamber, Mr. the battlefields, solved most missing in him by the Council on Foreign Rela- Speaker, I would tell them that I can action, captured most of the archives, tions. read this, something congratulatory, and sill had young Americans dis- Friends of mine like our speaker and BOB DOLE saying he hopes the House appear into Stalin’s gulag. Because our Alexander Haig and Bill Buckley, my language prevails on the Missing In Soviet ally became our enemy before pal, and other distinguished Americans Act we are trying to enact into law. the ink was dry on the German uncon- who belong to the Council on Foreign Here is a letter from 85 former POW’s. ditional signed surrender. Relations, ask me why I have never Lt. Gen. John Peter Flynn, Robinson When this debate is couched in these joined and why my friend, Ronald Risner, Brigadier General, my former terms on Communist Vietnam, that Reagan, who slam-dunked George Bush squadron commander, SAM JOHNSON, people hope the debate will go away, in 1980 on February 23, 1980, and I was our proud Member of Congress, Eugene that it is over, the inflammatory lan- the only one there for Reagan when he ‘‘Red’’ McDaniel, the most tortured guage coming only from the House of said, ‘‘I do not belong and I never will.’’ man in all of those captive men. Any- Representatives, so few in number, al- They wonder why some of us find not body tortured beyond him died under though there is more than a few of us, a conspiracy, but an elitist group, peo- torture. And ‘‘Red’’ was one of the ones that we are insignificant, that Mr. ple who do not care about the average that helped to get this letter. I am Clinton was right to normalize rela- family as kids die in these wars. They looking at those who have written tions with Vietnam. Actually, that was are sending a team over to Hanoi next great books and are still inspirational his fifth deed in a rapid 18 months to week to grease the path for war crimi- speakers. Charlie Plum. It is a roll call try and insert this Communist dicta- nal Robert Strange McNamara who of the bravest and the best. Michael torship into the civilized nations of the walked off the battlefield on the blood- Benge, who was over there 11 years, world. And when people say that the iest month of the war, January 30 Col. Ted Guy, who testified before my Nation breathed a sigh of relief that through February 29. He resigned on Military Personnel subcommittee on Vietnam was finally over, it is not over leap year day, February 29, 1968, so he June 28, Ted Guy, 4 years in solitary for the families of missing in action would only have to think about it confinement. He was Senator JOHN Americans. every 4 years, and then he went on va- MCCAIN’s commander at the Plantation It is not over for the families of all of cation for a month at Aspen and skied POW camp. these people I have just discussed who while our hospitals were filled to ca- Look at this list. Here is Jack are now in filthy, Communist dungeons pacity, the worst month of the whole Bomar, one of the four colonels. They in Saigon. It is not over for those who 10-year decade, with amputees, double had four bird colonels in their hands. were arrested and throw in prison in amputees and yes, triple amputees, Leo Thorsness is my pal, Medal of Hanoi for wanting open elections. This more blind American soldiers in hos- Honor winner, former Senator in the is what is causing Castro to be embar- pitals, four or five nurses dead, women State of Washington, now president of goed into his fourth decade, because he captured and dying on the Ho Chi Minh the Medal of Honor group. will not have an election. He is dic- Trail, forced marches up to the North, As former POW’s in Vietnam, here is tator for life. and McNamara is skiing in Aspen for what they say led by Red McDaniel, What do we have in North Korea? For the whole month of March in 1968. now president of the Defense Policy As- the first time in history, the worst of But that wasn’t enough. Then he sociation, ‘‘I strongly support the royal bloodline governments combined went to the Caribbean for another House version of the Missing Persons with Communist tyranny. A vicious week to meet with officials that he was Act.’’ And yet on ‘‘Meet The Press,’’ a dictator, Kim Il Sung, turns the reigns going to serve with at the World Bank, member of a legislative body around of power over to his pornography-lov- and then he went off to the World here told me that my figures were ing and collecting son, Kim Jong Il, Bank, thanks to one of our corrupt wrong when I said most POW’s sup- and it is ill for the country. Presidents, corrupt in all of the history ported the gentleman from New York, They are busy with Communist books if you read them, and not even Mr. GILMAN, and BOB DOLE’S language China and Iran, developing missiles and carefully, either, it is right out there on this. nuclear warheads to combine them blatant. Ask Bill Moyers about corrup- Here is a letter from the National Al- with those missiles, and we have to tion, including womanizing. liance of Families. I have a letter from spend millions and millions of United Then we see McNamara at the Carib- Ann Griffith and the League of Fami- States taxpayers dollars to watch them bean about to start drawing his World lies. Here is a letter from the Korean like a hawk, with satellite imagery and Bank salary that he drew for 13 years Cold War Family Association of The slant imagery from outside their bor- at $250,000 a year. I must slow down and Missing. These three I am pretty sure, ders to make sure that they do not ig- say this carefully three times: Tax yes, I know I can put them in the nite that whole pathetic torn little pe- free, tax free, tax free, and the Library record. Vietnam Veterans of America. ninsula into yet another Korean war. of Congress told me in now dollars that The Marine Corps League, just came in Remember, when Clinton went to the is between $900,000 and $1 million a yesterday. A letter to FLOYD SPENCE, dedication of one of the most stirring, year. For 13 years McNamara, the ar- chairman of the Committee on Na- tear-ripping memorials in this city, the chitect of Vietnam, who created that tional Security from Ted Guy. Veter- Korean War Memorial, different from immoral, sick vocabulary of gradual- ans of the Vietnam war from their pro- the Vietnam Memorial which was made ism, escalated response, strategic ham- gram director. sacred the second the first hero’s name lets, body bags, fire fights, body Mr. Speaker, I will include all of was chiseled into the wall, but to this counts, free fire zones, and the worst of these following my remarks. date, still does not have an American all to airmen, Mig sanctuaries and Disabled American Veterans. A letter flag on it. The American flag was SAM missile sites protected as they are to my counterpart on the Senate side, pushed into the woods along with the built and only allowed to be targets chairman of the Senate Armed Serv- statute of three heroic Americans com- intermittently after they have killed ices Subcommittee on Military Person- ing out of the woods looking at the your wing man. Unbelievable. nel to DAN COATS, our good friend and September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9429 colleague who served with us here. Cambodia, the killing fields, Laos, Armand J. Myers, Col, USAF (ret). From John Sommer, executive director Vietnam with over 100,000 executed, Terry Uyeyama, Col, USAF (ret). of the American Legion. I cannot put Richard D. Vogel, Col, USAF (ret). 68,000 people who befriended us, Ted Guy, Col, USAF (ret). that in, because it is critical of a mem- thought we were a superpower and a re- Paul E. Galanti, CDR, USN (ret). ber of the other body. The sister of liable ally, and they were executed Laird Guttersen, Col, USAF (ret). Maj. Robert F. Coady begging that it under death orders, under the same Lawrence J. Stark, Civ. go in. Pat Plumadore, who has lost a Communist killers that shake hands Michael D. Benge, Civ. family member. The sister of a marine Marion A. Marshall, Lt. Col, USAF (ret). with Members of Congress or are toast- Richard D. Mullen, CAPT, USN (ret). missing. When I went on ‘‘Meet The ed to by Members of Congress and by Philip E. Smith, Lt. Col, USAF (ret). Press’’ and said that overwhelmingly, General Giap who is called a war hero. William Stark, CAPT, USN (ret). veterans groups want this Missing Per- General Giap is a war criminal who or- David F. Allwine, MSgt, USA (ret). sons Act, so we will not relive the dered children to be killed. I shall be Bob Barrett, Col, USAF (ret). nightmare of Korea and Vietnam and Jack W. Bomar, Col, USAF (ret). back on this issue. Larry J. Chesley, Lt. Col, USAF (ret). oppose normalization with Vietnam. Mr. Speaker, I include for the C.D. Rice, CDR, USN (ret). When I said most POW’s, when I said RECORD the material previously re- Robert L. Stirm, Col, USAF (ret). most Vietnam veterans of that conflict ferred to. Bernard Talley, Col, USAF (ret). and Vietnam veterans of Korea, when I AMERICAN DEFENSE INSTITUTE, Paul Montague, Civ. gave the percentages on most Vietnam- ALEXANDRIA, VA, Leo Thorsness, Col, USAF (ret). ese-Americans, and it is about 85 to 95 September 18, 1995. Robert Lerseth, CAPT, USN (ret). Ray A. Vodhen, CAPT, USN (ret). percent, when I talked about every per- Hon. ROBERT K. DORNAN, U.S. House of Representatives, Richard G. Tangeman, CAPT, USN (ret). son of the Democratic Freedom groups John Pitchford, Col, USAF (ret). Washington, DC. in Vietnam and in this country, and Steven Long, Col, USAF (ret). DEAR CONGRESSMAN DORNAN: As a former Brian Woods, CAPT, USN (ret). there is 1 million Vietnamese-Ameri- POW in Vietnam and now president of a de- cans, about 700,000, 800,000 already Dale Osborne, CAPT, USN (ret). fense policy organization, I strongly support Ralph Galati, Maj, USAF (ret). American citizens, another 200,000 or the 1995 House version of the Missing Per- Ronald M. Lebert, Lt. Col, USAF (ret). 300,000, they have great family respect, sons Act (H.R. 945). I am dismayed to learn of Harry T. Jenkins, CAPT, USN (ret). a better than average birth rate among the efforts of some to ‘‘water down’’ this im- John C. Ensch, CAPT, USN (ret). the Vietnamese community. This year portant legislation and decrease its impact. Render Crayton, CAPT, USN (ret). or next, the Vietnamese-American I can think of nothing more critical to the Henry James Bedinger, CDR, USN (ret). community will tie the valiant anti- morale of our fighting men than to know Brian D. Woods, CAPT, USN (ret). that, if they should go missing while fighting Read B. Mecleary, CAPT, USN (ret). Communist Cuban-American commu- America’s battles, their country will do ev- Ted Stier, CDR, USN (ret). nity, and the valiant anti-Communist erything humanly possible to determine James L. Hutton, CAPT, USN (ret). Hungarian-American community. their fate. Especially in view of the tragic John H. Wendell, Lt. Col, USAF (ret). When I gave all of those figures, some- manner in which information about our John W. Clark, Col, USAF (ret). one from another legislative body says, MIAs and POWs in Southeast Asia has been Carl B. Crumpler, Col, USAF (ret). Verlyne W. Daniels, CAPT, USN (ret). ‘‘I do not buy any of Congressman DOR- handled by our government, active duty per- sonnel and their families need reassurance of Roger D. Ingvalson, Col, USAF (ret). NAN’s figures or percentages or statis- SEPTEMBER 20, 1995. tics,’’ but offered none on the other their nation’s commitment to them—and in the strongest language possible! Hon. FLOYD SPENCE, side. These are the facts. Get the It is hard for me to imagine any high-rank- U.S. House of Representatives, Washington, DC. DEAR CONGRESSMAN SPENCE: Strong legis- RECORD from today. I would hope, Mr. ing military officer implying that limited lation that will ensure the accountability of Speaker, that any American would get time and resources during conflict preclude past and future missing in action (MIA) and the RECORD from today and read how accounting for missing soldiers. How can prisoners of war (POW) is an absolute neces- those of us, who are not insignificant, such an officer possibly lead men into battle? sity. The revelation in the September 18, Accounting for missing personnel is a matter who are fighting for the honor of the 1995, U.S. News and World Report concerning of military honor—and a matter of national 58,300 men and 8 women’s names who former President Bush and the Vietnam honor. are on that wall who should be honored POW/MIA issue confirms this necessity. Sincerely, with a plaque at the apex of the wall Many former POWs, family members, ac- EUGENE ‘‘RED’’ MCDANIEL, tivists and I have long suspected and have that simply says, ‘‘These good Ameri- CAPT, USN (RET), knowledge of Hanoi continually lying about cans died fighting Communism.’’ Be- President. the accountability of POWs and MIAs. I, and cause Vietnam and Korea melted down Attachment: I suspect many others, have felt that U.S. the cold war, as its two biggest blood- John Peter Flynn, Lt. Gen, USAF (ret). Robinson Risner, Brig. Gen, USAF (ret). government officials aided and abetted in letting subsets in what John F. Ken- these lies in an effort to save face. Thus the nedy called that long twilight struggle Sam Johnson, Member of Congress. Eugene ‘‘Red’’ McDaniel, CAPT, USN (ret). necessity of a strong and enforceable ‘‘Miss- against communism that is not over John A. Alpers, Lt. Col, USAF (ret). ing Persons Act.’’ yet. And for the Vietnamese-American William J. Baugh, Col, USAF (ret). As you may or may not know, I was the community, as I told them up in New Adkins, C. Speed, MAJ, USA (ret). Senior Ranking Officer (SRO) of all prisoners York on August 19, you must study the F.C. Baldock, CDR, USN (ret). captured in South Vietnam and Laos and success of the anti-Communist Cuban- Carroll Beeler, CAPT, USN (ret). separately interned in North Vietnam. Dur- ing and after ‘‘Operation Homecoming’’ it American community and get into the Terry L. Boyer, Lt. Col, USAF (ret). Cole Black, CAPT, USN (ret). was disclosed that some of us had been de- political process, get your LINCOLN Paul G. Brown, LtCol, USMC (ret). clared ‘Killed in Action. Body not Recovered’ DIAZ-BALART’s and ILEANA ROS- David J. Carey, CAPT, USN (ret). (KBNR). In at least one case, one of my en- LEHTINEN’s and BOB MARTINEZ’s on the John D. Burns, CAPT, USN (ret). listed men’s ‘‘remains’’ had been returned to other side of the aisle, get people of James V. DiBernado, LtCol, USMC (ret). the United States and buried! Needless to your heritage elected to this body so F.A.W. Franke, CAPT, USN (ret). say, he was still very much alive. that they can speak up to those who Wayne Goodermote, CAPT, USN (ret). The term missing in action (MIA) should be banished and all persons who disappear would dismiss all of this history in this Jay R. Jensen, Lt. Col, USAF (ret). James M. Hickerson, CAPT, USN (ret). during a conflict should be carried as alive long struggle, bloody struggle against James F. Young, Col, USAF (ret). unless there is overwhelming evidence that communism that still goes on against J. Charles Plumb, CAPT, USN (ret). survival was impossible. This alive status China, Vietnam, North Korea, at least Larry Friese, CDR, USN (ret). should continue until board action can deter- we kept half of that peninsula free, and Julius Jayroe, Col, USAF (ret). mine status after the cessation of hostilities. yes, Cuba, 90 miles from Key West. Bruce Seeber, Col, USAF (ret). No one expects all to be accounted for, but Mr. Speaker, I will keep returning, as Konrad Trautman, Col, USAF (ret). the lessons of Vietnam strongly suggest that I told several U.S. Senators in con- Lawrence Barbay, Lt. Col, USAF (ret). premature actions were taken. The cost of ference, I will return to this issue until Ron Bliss, Capt, USAF (ret). pay and allowances to the family is insignifi- Arthur Burer, Col, USAF (ret). cant when compared to other daily expendi- the day I die. The motto is, ‘‘faithful James O. Hivner, Col, USAF (ret). tures of the U.S. government. until death,’’ for me. I am not going to Gordon A. Larson, Col, USAF (ret). I assure you that Senator John McCain forget the missing or what communism Robert Lewis, MSgt, USA (ret). does not speak for the families of the non re- did to Southeast Asia, what it did to James L. Lamar, Col, USAF (ret). turned nor for the majority of the returned H 9430 CONGRESSIONAL RECORD — HOUSE September 21, 1995 POWs. As I recall, Senator McCain was the cans, will seem increasingly irrelevant. Nor- this bill. It is the view of the Families that leading advocate of normalization with Viet- mality is the enemy of grudges and hatreds. this bill has already been ‘‘watered down’’ in nam, a move strongly opposed by many At any rate, the deed is done. Congres- excess. former POWs and many veterans’ groups. To sional threats to withhold money for an We, the Families of the Missing, have been let McCain solely influence decisions con- American embassy in Hanoi are likely to battling the bureaucracy for over 40 years, cerning the ‘‘Missing Persons Act’’ is a dis- come to nothing. Mr. Clinton acted just as just trying to get the truth as to what hap- credit to the suffering families and con- the question of full diplomatic ties was be- pened to our loved ones. We have been cerned POWs. ginning to be sucked into the vortex of the shunned, hung-up on, ignored, called crazy Sincerely, 1996 campaign. He could not have waited and generally demeaned for requesting infor- THEODORE W. GUY, much longer, and by moving now, he may mation to which we are entitled. Col. (Ret) USAF, benefit from looking resolute on a tough Most importantly, the Prisoners of War Former POW 68–73. issue. and the Missing in Action are denied their Reminiscing this morning with a reporter civil rights under the old Missing Service he has known since the days of air raids over SYRACUSE, NY, Personnel Law. This law was intended to fi- Hanoi and ground combat in the Central September 11, 1995. nancially assist the Families of the Missing. Highlands, Senator McCain commented that Hon. DAN COATS, We did not know that this law would be used he was determined that his generation not U.S. Senate, Washington, DC. to ‘‘write off’’ the Missing. Even though the leave a legacy of anger and vindictiveness. DEAR SENATOR COATS: As the sister of a HR 945 is not nearly strong enough, it does ‘‘I got over the war about 45 minutes after Marine missing from the Vietnam war, I im- give the Families some recourse when the the plane bringing me home took off from plore you to support the House version of government FAILS to do its duty by these Hanoi,’’ he said. ‘‘But not everyone feels that The Missing Service Personnel Act of 1995. Missing Service Personnel. Any change from the language of the House way. Some people hate me for backing this, call me the Manchurian Candidate, say I’m a There have been letters written by Gen- version of this Bill would be yet another ob- erals and Department of Defense personnel stacle on the path to truth and/or closure for collaborator, the most awful stuff. There will always be people like that, but fewer and saying this new bill would put undue burden the families of our nations missing heroes on them to account for their troops. If this is and abandonment of our loved ones by this fewer. Not many people talk about the dirty Japs anymore.’’ their attitude, God help the men and women government once again. they send into battle because their leaders Sir, no one, not the President, DOD, the MARINE CORPS LEAGUE, certainly will not. Service Casualty Offices, nor the people sup- We would like to hear your response to our posedly responsible for accounting for our September 18, 1995. Hon. ROBERT DOLE, request. missing, ever seem to listen to the voices Most sincerely, that have been screaming for help in unrav- U.S. Senate, Washington, DC. DEAR SENATOR DOLE: Why haven’t you used PAT WILSON DUNTON, eling the mystery of this travesty for so your powerful position as Senate Majority President/Founding Director. many long, long years. What has happened to Leader to push the House of Representatives my brother and subsequently, to his family, language of the Missing Service Personnel is a horror story that at times seems unbe- NATIONAL ALLIANCE OF FAMILIES, Act of 1995? lievable even to me. I have lost faith in so Bellevue, WA, Sept. 19, 1995. We support the House language of the many things that I held sacred and dear, my Re U.S. House of Representatives’ Version of Missing Service Personnel Act of 1995. President, my party, my confidence in the the ‘‘Missing Service Personnel Act of Semper Fidelis, honor and honesty of my elected officials. It 1995’’ WAYNE R. SILL, appears that one of the first Orders of THE (Attention: Mr. Duke Short.) Nat’l Chairman, POW/MIA Committee. NEW WORLD is to wipe the slates clean Hon. STROM THURMOND, VIETNAM VETERANS OF AMERICA, INC., without any real accounting, and to never, Chairman, Armed Services Committee, Washington, DC, Sept. 14, 1995. never use the words POW/MIA again. Washington, DC Hon. BOB DORNAN, Please, I beg you, don’t let yourself be in- DEAR SENATOR THURMOND: The more than House of Representatives, Washington, DC. fluenced by those who have their own agenda 10,000 members of the National Alliance of DEAR REPRESENTATIVE DORNAN: Vietnam Families categorically support the above and who believe that money and the love of Veterans of America (VVA) urges you to pre- money are more important than my brother. ‘‘House version’’ of this legislation which serve the House-passed provisions derived will make great strides in correcting the er- My brother Kenny was left behind in 1967, from the Missing Service Personnel Act please don’t allow them to leave him behind rors of the past and prevent a repeat of those (Section 563) as the conference committee errors during future conflicts. again. We, the families of the missing, need deliberates the Defense Authorization Bill Specifically, we endorse the provisions this legislation as it is written by the House. (HR 1530). The House-passed provisions are which call for board review at three year in- If you could walk in our shoes for even one preferable, as they provide enhanced protec- tervals, access to information for ‘‘imme- day, maybe you would understand why it is tion for families of service personnel listed diate’’ family members, judicial review and so important. My last attempt at getting an- as Missing-In-Action (MIA). swers from our government resulted in their The Missing Service Personnel Act is a retroactivity. telling me it would cost me $3,147.00 to proc- critical piece of legislation for MIA families Many, including ranking military officers, ess my FOIA request. Our government lost because it would spell out in law a procedure are attempting to water down this relevant my brother, yet they want me to pay to find for handling the very delicate question of legislation claiming ‘‘reopening and manda- out how and why! how and when a member of the Armed tory review of cases from the past . . . will Please do not let the language of this bill Forces considered missing-in-action can be only cause great emotional and financial be changed in any way? declared legally dead. VVA believes this leg- strain on the families involved.’’ NAF mem- Sincerely, islation will correct mistakes realized in bership glaringly resents the condescending PAT PLUMADORE. past wars. Most importantly, families would and patronizing attitude of the Pentagon. know what to expect and would be spared Our family members wish the right to choose THE NEW YORK TIMES, years of turmoil and pain. for themselves; if they will or will not avail July 12, 1995. VVA greatly appreciates your strong sup- themselves of those provisions cited in the It may be that many Republican primary port for this legislation in the past, and ‘‘House version’’ of the ‘‘MSPA 1995’’. For voters, a more conservative subset of the urges you to maintain the House-passed lan- too many years, the U.S. Defense Depart- more conservative party, are more opposed guage in the Defense Authorization con- ment has been allowed to ‘‘act’’ on behalf of to Mr. Clinton’s action than are Americans ference report. the families, choosing what information was as a whole. Mr. Dole’s stance may play well Sincerely, or was not submitted to the families for re- with them. JAMES L. BRAZEE, Jr., view. Due to research in the National Ar- But the steps along this road that Mr. President. chives and the Library of Congress, many of Bush and Mr. Clinton took earlier, including our family members are only now, after the lifting last year of a 19-year embargo on KOREAN/COLD WAR FAMILY twenty to forty years after the fact, able to trade with Vietnam, failed to produce the ASSOCIATION OF THE MISSING, view records and documents relating to their groundswell of protest that the die-hards Coppell, TX, Sept. 18, 1995. loved ones’ cases which were not and have predicted. And Vietnam is now clearly a land Representative ROBERT DORNAN. not been provided to them via the military of opportunities, which will inevitably draw DEAR SIR: The families of the POW/MIA’s casualty offices. much more American investment and many from the Korean War (8,177) and the Cold The families are quite capable of acting more visits by American tourists. War (139) sincerely request your assistance and speaking in their own behalf. We resent As a web of everyday political and eco- in passing the SB 256 in its original language any attempt by those in the military to por- nomic links grows between the United States which was very similar to that of the HR 945. tray the families as emotionally fragile, in and Vietnam, as more and more Americans It has come to our attention that Senator need of their protection. Our Family mem- come to know Vietnam at peace, the old pas- McCain and possibly others on the review bers do not need protection. They need the sions, already nearly spent for most Ameri- committee are attempting to ‘‘water down’’ truth. September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9431 In the opinion of our membership, the Thank you for your continued support. CONFERENCE REPORT ON H.R. 1977, ‘‘House version’’ of the ‘‘Missing Service Per- Sincerely, DEPARTMENT OF THE INTERIOR sonnel Act of 1995’’ is the single most impor- THOMAS A. MCMASTERS III, AND RELATED AGENCIES APPRO- tant POW/MIA Legislation to come before National Commander. PRIATIONS ACT, 1996 the U.S. Senate in years. The POW/MIA Families are tired of being lied to, chided, Mr. REGULA submitted the follow- THE AMERICAN LEGION, and patronized by an uncaring Executive and Washington, DC, September 11, 1995. ing conference report and statement on Legislative Branch of the U.S. Government. Hon. DANIEL R. COATS, the bill (H.R. 1977) making appropria- It is time that a truly meaningful piece of Chairman, Senate Armed Services Subcommittee tions for the Department of the Inte- legislation is passed to protect America’s on Personnel, Russell Building, Washing- rior and related agencies for the fiscal fighting men and women. The old unwritten ton, DC. attitude of ‘‘just don’t get captured’’ is not year ending September 30, 1996, and for acceptable! Our service personnel and their DEAR SENATOR COATS: The American Le- other purposes: gion urges you in the strongest possible families deserve protection under the law. CONFERENCE REPORT (H. REPT. 104–259) That protection will come with the passage terms to support Section 563, H.R. 1530, the of this law as is. House version of the Missing Persons Act of The Committee of Conference on the dis- Sincerely, 1995. In particular, there are four features of agreeing votes of the two Houses on the amendments of the Senate to the bill (H.R. DOLORES APODACA ALFOND, the bill we are interested in: board review at National Chairperson. three year intervals; access to information 1977) ‘‘making appropriations for the Depart- for immediate family members; judicial re- ment of the Interior and related agencies, for view; and retroactivity. Senator Robert Dole the fiscal year ending September 30, 1996, and VETERANS OF THE VIETNAM WAR, INC., for other purposes,’’ having met, after full Dallastown, PA, Sept. 19, 1995. has expressed his support of the House ver- sion of the Missing Persons Act in a written and free conference, have agreed to rec- Congressman STEVE BUYER, ommend and do recommend to their respec- Attention: Myrna Dugan statement for the Congressional Record on September 5. We have worked very closely tive Houses as follows: DEAR MYRNA DUGAN: As National POW/ That the Senate recede from its amend- MIA Program Director for the Veterans of with Senator Dole on this issue for some time. ments numbered 4, 21, 24, 26, 40, 54, 57, 67, 77, the Vietnam War, Inc., we need the Con- 83, 85, 94, 99, 100, 105, 107, 111, 117, 118, 123, 136, gressman to back Congressman Gilman’s The House version of the Missing Persons 138, 147, 148, 155, 163, 166, 171, 172, and 173, and language of the House version of H.R. 945 so Act will provide family members the ability agree to the same. that we have the strongest language possible to review records on which the Pentagon has That the House recede from its disagree- to protect our American servicemen and kept close hold but that family members ment to the amendments of the Senate num- women. We strongly urge the Congressman have the right to see. bered 10, 11, 13, 15, 16, 17, 18, 19, 20, 28, 32, 34, to pass H.R. 945 ‘‘The Missing Service Per- The American Legion takes this issue very 36, 38, 45, 46, 48, 50, 51, 52, 56, 59, 61, 62, 66, 71, sonnel Act of 1995’’. We need this bill passed seriously and regards its passage as ex- 72, 73, 74, 75, 76, 78, 80, 81, 82, 86, 87, 88, 93, 96, so that the families of our POW/MIA’s won’t tremely important. This measure directly 97, 102, 103, 106, 109, 113, 121, 124, 126, 127, 128, ever have to endure the suffering that the and substantially supports ongoing efforts to 129, 130, 131, 133, 134, 137, 139, 140, 141, 142, 143, Vietnam families have had to and continue obtain information about missing American 144, 145, 149, 150, 157, 158, 159, 160, 161, and 162, to endure. servicemen. Section 563, H.R. 1530 will pro- and agree to the same. We as Veterans of the Vietnam War, Inc. vide an equitable basis for making status de- Amendment numbered 1: want to guarantee that our present and our terminations on missing personnel not only That the House recede from its disagree- future American servicemen and women from past wars, but also future conflicts. ment to the amendment of the Senate num- have the best chance of being returned home Sincerely, bered 1, and agree to the same with an to their loved ones. That’s why we strongly JOHN F. SOMMER, JR., amendment, as follows: urger Congressman Buyer to pass this very Executive Director. In lieu of the matter stricken and inserted important bill. Thank you for your help and by said amendment insert the following: , time on this urgent matter. I would greatly and assessment of mineral potential of public appreciate a response to this letter on the September 12, 1995. lands pursuant to P.L. 96–487 (16 U.S.C. 3150 Congressman’s feelings on this matter. Senator TRENT LOTT, (a)), $568,062,000; and the Senate agree to the MICHAEL T. BREIGHNER, U.S. Senate, Washington, DC. same. National POW/MIA Program Director. DEAR SENATOR LOTT: As the sister of Maj. Amendment numbered 2: Robert F. Coady, USAF, lost in Laos whose That the House recede from its disagree- DISABLED AMERICAN VETERANS, family believed the Air Force when they told ment to the amendment of the Senate num- Washington, DC, September 20, 1995. us that we would be the first to know if there bered 2, and agree to the same with an Hon. STROM THURMOND, was information on Maj. Coady. Our first amendment, as follows: Chairman, Senate Committee on Armed Services, knowledge of information came 22 years Restore the matter stricken by said Russell Senate Office Building, Washington, after my brother’s shoot down, when I re- amendment, amended as follows: DC. quested to see my brother’s file. I was After the first comma in said amendment DEAR CHAIRMAN THURMOND: As National amazed to find declassified documents that insert: of which $2,000,000 shall be available for Commander of the more than one million were 19 and 22 years old. I worked with Sen- assessment of the mineral potential of public members of the Disabled American Veterans ators Shelby, Heflin, Mack and Johnson who lands in Alaska pursuant to section 1010 of P.L. (DAV) and its Auxiliary, I am writing you to wrote letters on my behalf. The Air Force 96–487 (16 U.S.C. 3150), and; and the Senate express our concern regarding attempts to told the Senators that I had all the informa- agree to the same. erode the effectiveness of the provisions of tion. I was given an opportunity to view my Amendment numbered 3: the Missing Service Personnel Act, section brother’s file (after being told there was no That the House recede from its disagree- 563 of H.R. 1530, the Fiscal Year 1996 Defense more information) only to find new informa- ment to the amendment of the Senate num- Authorization Act. tion. bered 3, and agree to the same with an The DAV supports the House language in We all remember what the Cold War fami- amendment, as follows: the Missing Service Personnel Act because of lies were told and the family from TN whose In lieu of the sum proposed by said amend- the additional safeguards contained in the son was killed in the Gulf War by friendly ment insert: $568,062,000; and the Senate House version. The key provisions include: fire. Along with what has happened in my agree to the same. legal counsel for the missing person, access family’s case are disgraceful examples that Amendment numbered 5: to information by immediate family mem- explain the importance of the House version That the House recede from its disagree- bers of the missing person, the availability (H.R. 945) of the Missing Service Personnel ment to the amendment of the Senate num- of judicial review, and the retroactive provi- Act. bered 5, and agree to the same with an sion of this legislation. We believe that these amendment, as follows: are important provisions; however, these Our country was founded on checks and In lieu of the sum proposed by said amend- provisions are missing from the Senate ver- balances. The House version (H.R. 945) of the ment insert: $3,115,000; and the Senate agree sion. Missing Service Personnel Act is our check to the same. As this measure is being considered in con- and balance for family members that should Amendment numbered 6: ference, I would urge you, in your leadership not be taken away from us. That the House recede from its disagree- position, to encourage your colleagues to As a United States Senator, please protect ment to the amendment of the Senate num- support the inclusion of these key provisions our right to reopen and have a mandatory re- bered 6, and agree to the same with an in the final version of the Defense Authoriza- view as this is the only check and balance we amendment, as follows: tion Act. Otherwise, it is DAV’s position have left. In lieu of the sum proposed by said amend- that this legislation would be seriously Sincerely, ment insert: $101,500,000; and the Senate flawed. JUDITH COADY RAINEY. agree to the same. Amendment numbered 7: H 9432 CONGRESSIONAL RECORD — HOUSE September 21, 1995 That the House recede from its disagree- Amendment numbered 29: Service offices located in the State of Alaska in ment to the amendment of the Senate num- That the House recede from its disagree- consultation with the State of Alaska Depart- bered 7, and agree to the same with an ment to the amendment of the Senate num- ment of Transportation. amendment, as follows: bered 29, and agree to the same with an And the Senate agree to the same. In lieu of the sum proposed by said amend- amendment, as follows: Amendment numbered 41: ment insert: $12,800,000; and the Senate agree In lieu of the sum proposed by said amend- That the House recede from its disagree- to the same. ment insert: $36,212,000 ; and the Senate ment to the amendment of the Senate num- Amendment number 8: agree to the same. bered 41, and agree to the same with an That the House recede from its disagree- Amendment numbered 30: amendment, as follows: ment to the amendment of the Senate num- That the House recede from its disagree- In lieu of the matter stricken and inserted bered 8, and agree to the same with an ment to the amendment of the Senate num- by said amendment insert the following: and amendment, as follows: bered 30, and agree to the same with an to conduct inquiries into the economic condi- In lieu of the sum proposed by said amend- amendment, as follows: tions affecting mining and materials processing ment insert: $93,379,000; and the Senate agree In lieu of the sum proposed by said amend- industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. to the same. ment insert: $143,225,000; and the Senate 98g(1)) and related purposes as authorized by Amendment numbered 9: agree to the same. law and to publish and disseminate data; That the House recede from its disagree- Amendment numbered 31: $730,503,000; and the Senate agree to the ment to the amendment of the Senate num- That the House recede from its disagree- same. bered 9, and agree to the same with an ment to the amendment of the Senate num- Amendment numbered 42: That the House recede from its disagree- amendment, as follows: bered 31, and agree to the same with an ment to the amendment of the Senate num- In lieu of the matter stricken and inserted amendment, as follows: bered 42, and agree to the same with an by said amendment insert the following: In lieu of the sum stricken and inserted by amendment, as follows: $497,943,000, to remain available for obligation said amendment insert the following: until September 30, 1997, ; and the Senate Restore the matter stricken by said $4,500,000 of the funds provided herein; and the amendment amended to read as follows: , and agree to the same. Senate agree to the same. Amendment numbered 12: of which $137,000,000 for resource research and Amendment numbered 33: the operations of Cooperative Research Units That the House recede from its disagree- That the House recede from its disagree- ment to the amendment of the Senate num- shall remain available until September 30, 1997, ment to the amendment of the Senate num- and of which $16,000,000 shall remain available bered 12, and agree to the same with an bered 33, and agree to the same with an amendment, as follows: until expended for conducting inquiries into the amendment, as follows: economic conditions affecting mining and mate- In lieu of the sum proposed by said amend- In lieu of the sum proposed by said amend- ment insert: $37,655,000; and the Senate agree rials processing industries; and the Senate ment insert: $49,100,000; and the Senate agree agree to the same. to the same. to the same. Amendment numbered 14: Amendment numbered 43: Amendment numbered 35: That the House recede from its disagree- That the House recede from its disagree- That the House recede from its disagree- ment to the amendment of the Senate num- ment to the amendment of the Senate num- ment to the amendment of the Senate num- bered 43, and agree to the same with an bered 14, and agree to the same with an bered 35, and agree to the same with an amendment, as follows: amendment, as follows: amendment, as follows: Restore the matter stricken by said In lieu of the sum proposed by said amend- In lieu of the matter proposed by said ment insert: $36,900,000; and the Senate agree amendment amended to read as follows: amendment insert: : Provided, That any funds :Provided further, That funds available herein to the same. made available for the purpose of acquisition of Amendment numbered 22: for resource research may be used for the pur- the Elwha and Glines dams shall be used solely That the House recede from its disagree- chase of not to exceed 61 passenger motor vehi- for acquisition, and shall not be expended until ment to the amendment of the Senate num- cles, of which 55 are for replacement only: Pro- the full purchase amount has been appropriated bered 22, and agree to the same with an vided further, That none of the funds available by the Congress; and the Senate agree to the amendment, as follows: under this head for resource research shall be In lieu of the matter proposed by said same. used to conduct new surveys on private prop- amendment insert: :Provided further, That the Amendment numbered 37: erty, including new aerial surveys for the des- That the House recede from its disagree- Director of the Fish and Wildlife Service may ignation of habitat under the Endangered Spe- ment to the amendment of the Senate num- charge reasonable fees for expenses to the Fed- cies Act, except when it is made known to the bered 37, and agree to the same with an eral Government for providing training by the Federal official having authority to obligate or amendment, as follows: National Education and Training Center: Pro- expend such funds that the survey or research In lieu of the matter proposed by said vided further, That all training fees collected has been requested and authorized in writing by amendment insert: None of the funds in this shall be available to the Director, until ex- the property owner or the owner’s authorized Act may be spent by the National Park Service pended, without further appropriation, to be representative: Provided further, That none of for activities taken in direct response to the used for the costs of training and education pro- the funds provided herein for resource research United Nations Biodiversity Convention. may be used to administer a volunteer program vided by the National Education and Training And the Senate agree to the same. when it is made known to the Federal official Center ; and the Senate agree to the same. Amendment numbered 39: Amendment numbered 23: having authority to obligate or expend such That the House recede from its disagree- That the House recede from its disagree- funds that the volunteers are not properly ment to the amendment of the Senate num- ment to the amendment of the Senate num- trained or that information gathered by the vol- bered 23, and agree to the same with an bered 39, and agree to the same with an unteers is not carefully verified: Provided fur- amendment, as follows: amendment, as follows: ther, That no later than April 1, 1996, the Direc- Retain the matter proposed by said amend- In lieu of the matter proposed by said tor of the United States Geological Survey shall ment amended as follows: amendment insert: issue agency guidelines for resource research Following ‘‘Public Law 88-567,’’ insert: if The National Park Service shall, within exist- that ensure that scientific and technical peer re- for any reason the Secretary disapproves for use ing funds, conduct a Feasibility Study for a view is utilized as fully as possible in selection in 1996 or does not finally approve for use in northern access route into Denali National Park of projects for funding and ensure the validity 1996 any pesticide or chemical which was ap- and preserve in Alaska, to be completed within and reliability of research and data collection proved for use in 1995 or had been requested for one year of the enactment of this Act and sub- on Federal lands: Provided further, That no use in 1996 by the submission of a pesticide use mitted to the House and Senate Committees on funds are available for resource research may be proposal as of September 19, 1995, ; and the Appropriations and to the Senate Committee on used for any activity that was not authorized Senate agree to the same. Energy and Natural Resources and the House prior to the establishment of the National Bio- Amendment numbered 25: Committee on Resources. The Feasibility Study logical Survey: Provided further, That once That the House recede from its disagree- shall ensure that resource impacts from any every five years the National Academy of ment to the amendment of the Senate num- plan to create such access route are evaluated Sciences shall review and report on the resource bered 25, and agree to the same with an with accurate information and according to a research activities of the Survey: Provided fur- amendment, as follows: process that takes into consideration park val- ther, That if specific authorizing legislation is In lieu of the sum proposed by said amend- ues, visitor needs, a full range of alternatives, enacted during or before the start of fiscal year ment insert: $1,083,151,000 ; and the Senate the viewpoints of all interested parties, includ- 1996, the resource research component of the agree to the same. ing the tourism industry and the State of Alas- Survey should comply with the provisions of Amendment numbered 27: ka, and potential needs for compliance with the that legislation: Provided further, That unobli- That the House recede from its disagree- National Environmental Policy Act. The Study gated and unexpended balances in the National ment to the amendment of the Senate num- shall also address the time required for develop- Biological Survey, Research, inventories and bered 27, and agree to the same with an ment of alternatives and identify all associated surveys account at the end of fiscal year 1995, amendment, as follows: costs. shall be merged with and made a part of the In lieu of the sum proposed by said amend- This Feasibility Study shall be conducted sole- United States Geological Survey, Surveys, inves- ment insert: $37,649,000 ; and the Senate ly by the National Park Service planning per- tigations, and research account and shall re- agree to the same. sonnel permanently assigned to National Park main available for obligation until September 30, September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9433 1996: Provided further, That the authority of this Act before the transfers of function be- In lieu of the sum named in said amend- granted to the United States Bureau of Mines to come effective: Provided further, That the trans- ment insert: $500,000; and the Senate agree to conduct mineral surveys and to determine min- fers of function to the Secretary of Energy shall the same. eral values by section 603 of Public law 94–579 is become effective on the date specified by the Di- Amendment numbered 69: hereby transferred to, and vested in, the Direc- rector of the Office of Management and Budget, That the House recede from its disagree- tor of the United States Geological Survey; and but in no event later than 90 days after enact- ment to the amendment of the Senate num- the Senate agree to the same. ment into law of this Act: Provided further, bered 69, and agree to the same with an Amendment numbered 44: That the reference to ‘‘function’’ includes, but amendment, as follows: That the House recede from its disagree- is not limited to, any duty, obligation, power, Retain the matter proposed by said amend- ment to the amendment of the Senate num- authority, responsibility, right, privilege, and ment, amended as follows: bered 44, and agree to the same with an activity, or the plural thereof, as the case may In lieu of the first sum named in said amendment, as follows: be; and the Senate agree to the same. amendment insert: $4,500,000 In lieu of the sum proposed by said amend- Amendment numbered 49: In lieu of the second sum named in said ment insert: $182,994,000; and the Senate That the House recede from its disagree- amendment insert: $35,914,000 agree to the same. ment to the amendment of the Senate num- In lieu of the third sum named in said Amendment numbered 47: bered 49, and agree to the same with an amendment insert: $500,000; and the Senate That the House recede from its disagree- amendment, as follows: agree to the same. ment to the amendment of the Senate num- In lieu of the sum proposed by said amend- Amendment numbered 70: bered 47, and agree to the same with an ment insert: $173,887,000; and the Senate That the House recede from its disagree- amendment, as follows: agree to the same. ment to the amendment of the Senate num- In lieu of the matter stricken and inserted Amendment numbered 53: bered 70, and agree to the same with an by said amendment insert the following: That the House recede from its disagree- amendment, as follows: For expenses necessary for, and incidental to, In lieu of the matter stricken and inserted the closure of the United States Bureau of ment to the amendment of the Senate num- bered 53, and agree to the same with an by said amendment insert the following: Mines, $64,000,000, to remain available until ex- $65,188,000, of which (1) $61,661,000 shall be pended, of which not to exceed $5,000,000 may be amendment, as follows: In lieu of the matter stricken and inserted available until expended for technical assist- used for the completion and/or transfer of cer- by said amendment insert the following: ance, including maintenance assistance, disas- tain ongoing projects within the United States $1,359,434,000; and the Senate agree to the ter assistance, insular management controls, Bureau of Mines, such projects to be identified same. and brown tree snake control and research; and by the Secretary of the Interior within 90 days Amendment numbered 55: the Senate agree to the same. of enactment of this Act: Provided, That there That the House recede from its disagree- Amendment numbered 79: hereby are transferred to, and vested in, the ment to the amendment of the Senate num- That the House recede from its disagree- Secretary of Energy: (1) the functions pertain- bered 55, and agree to the same with an ment to the amendment of the Senate num- ing to the promotion of health and safety in amendment, as follows: bered 79, and agree to the same with an mines and the mineral industry through re- In lieu of the matter stricken and inserted amendment, as follows: search vested by law in the Secretary of the In- by said amendment insert the following: Retain the matter proposed by said amend- terior or the United States Bureau of Mines and $100,255,000 shall be for welfare assistance ment, amended as follows: performed in fiscal year 1995 by the United grants and not to exceed $104,626,000; and the In lieu of ‘‘October 1, 1995’’ named in said States Bureau of Mines at its Pittsburgh Re- Senate agree to the same. amendment insert: March 1, 1996; and the search Center in Pennsylvania, and at its Spo- Amendment numbered 58: Senate agree to the same. kane Research Center in Washington; (2) the That the House recede from its disagree- Amendment numbered 84: functions pertaining to the conduct of inquiries, ment to the amendment of the Senate num- That the House recede from its disagree- technological investigations and research con- bered 58, and agree to the same with an ment to the amendment of the Senate num- cerning the extraction, processing, use and dis- amendment, as follows: bered 84, and agree to the same with an posal of mineral substances vested by law in the In lieu of the sum proposed by said amend- amendment, as follows: Secretary of the Interior or the United States ment insert: $68,209,000; and the Senate agree Restore the number stricken by said Bureau of Mines and performed in fiscal year to the same. amendment, amended to read as follows: 1995 by the United States Bureau of Mines Amendment numbered 60: SEC. 108. Prior to the transfer of Presidio under the minerals and materials science pro- That the House recede from its disagree- properties to the Presidio Trust, when author- grams at its Pittsburgh Research Center in ment to the amendment of the Senate num- ized, the Secretary may not obligate in any cal- Pennsylvania, and at its Albany Research Cen- bered 60, and agree to the same with an endar month more than 1⁄12 of the fiscal year ter in Oregon; and (3) the functions pertaining amendment, as follows: 1996 appropriation for operation of the Presidio: to mineral reclamation industries and the devel- In lieu of the sum proposed by said amend- Provided, That this section shall expire on De- opment of methods for the disposal, control, pre- ment insert: $71,854,000; and the Senate agree cember 31, 1995. vention, and reclamation of mineral waste prod- to the same. And the Senate agree to the same. ucts vested by law in the Secretary of the Inte- Amendment numbered 63: Amendment numbered 89: rior or the United States Bureau of Mines and That the House recede from its disagree- That the House recede from its disagree- performed in fiscal year 1995 by the United ment to the amendment of the Senate num- ment to the amendment of the Senate num- States Bureau of Mines at its Pittsburgh Re- bered 63, and agree to the same with an bered 89, and agree to the same with an search Center in Pennsylvania: Provided fur- amendment, as follows: amendment, as follows: ther, That, if any of the same functions were Retain the matter proposed by said amend- In lieu of the matter proposed by said performed in fiscal year 1995 at locations other ment amended as follows: amendment insert: than those listed above, such functions shall not Before ‘‘: Provided further’’ in said amend- SEC. 118. Section 4(b) of Public Law 94–241 (90 be transferred to the Secretary of Energy from ment, insert: , to become effective on July 1, Stat. 263) as added by section 10 of Public Law those other locations: Provided further, That 1997; and the Senate agree to the same. 99–396 is amended by deleting ‘‘until Congress the Director of the Office of Management and Amendment numbered 64: otherwise provides by law.’’ and inserting in Budget, in consultation with the Secretary of That the House recede from its disagree- lieu thereof: ‘‘except that, for fiscal years 1996 Energy and the Secretary of the Interior, is au- ment to the amendment of the Senate num- through 2002, payments to the Commonwealth of thorized to make such determinations as may be bered 64, and agree to the same with an the Northern Mariana Islands pursuant to the necessary with regard to the transfer of func- amendment, as follows: multi-year funding agreements contemplated tions which relate to or are used by the Depart- In lieu of the sum proposed by said amend- under the Covenant shall be $11,000,000 annu- ment of the Interior, or component thereof af- ment insert: $100,833,000; and the Senate ally, subject to an equal local match and all fected by this transfer of functions, and to make agree to the same. other requirements set forth in the Agreement of such dispositions of personnel, facilities, assets, Amendment numbered 65: the Special Representatives on Future Federal liabilities, contracts, property, records, and un- That the House recede from its disagree- Financial Assistance of the Northern Mariana expended balances of appropriations, authoriza- ment to the amendment of the Senate num- Islands, executed on December 17, 1992 between tions, allocations, and other funds held, used, bered 65, and agree to the same with an the special representative of the President of the arising from, available to or to be made avail- amendment, as follows: United States and special representatives of the able in connection with, the functions trans- In lieu of the sum proposed by said amend- Governor of the Northern Marina Islands with ferred herein as are deemed necessary to accom- ment insert: $80,645,000; and the Senate agree any additional amounts otherwise made avail- plish the purposes of this transfer: Provided fur- to the same. able under this section in any fiscal year and ther, That all reductions in personnel com- Amendment numbered 68: not required to meet the schedule of payments in plements resulting from the provisions of this That the House recede from its disagree- this subsection to be provided as set forth in Act shall, as to the functions transferred to the ment to the amendment of the Senate num- subsection (c) until Congress otherwise provides Secretary of Energy, be done by the Secretary of bered 68, and agree to the same with an by law. the Interior as though these transfers had not amendment, as follows: ‘‘(c) The additional amounts referred to in taken place but had been required of the De- Retain the matter proposed by said amend- subsection (b) shall be made available to the partment of the Interior by all other provisions ment amended as follows: Secretary for obligation as follows: H 9434 CONGRESSIONAL RECORD — HOUSE September 21, 1995 ‘‘(1) for fiscal years 1996 through 2001, That the House recede from its disagree- which shall be deemed sufficient to satisfy all $4,580,000 annually for capital infrastructure ment to the amendment of the Senate num- requirements of applicable law: Provided, That projects as Impact Aid for Guam under section bered 90, and agree to the same with an the Forest Service may amend the plan during 104(c)(6) Public Law 99–239; amendment, as follows: fiscal year 1996 only to the extent necessary to ‘‘(2) for fiscal year 1996, $7,700,000 shall be In lieu of the sum proposed by said amend- accommodate commercial tourism if an agree- provided for capital infrastructure projects in ment insert: $178,000,000; and the Senate ment is signed between the Forest Service and American Samoa; $4,420,000 for resettlement of agree to the same. the Alaska Visitors’ Association: Provided fur- Rongelap Atoll; and Amendment numbered 91: ther, That the Secretary shall continue the cur- ‘‘(3) for fiscal years 1997 and thereafter, all That the House recede from its disagree- rent Tongass land management planning proc- such amounts shall be available solely for cap- ment to the amendment of the Senate num- ess, and may replace or modify Alternative P ital infrastructure projects in Guam, the Virgin bered 91, and agree to the same with an with the selected alternative of a revised Islands, American Samoa, the Commonwealth of amendment, as follows: Tongass Land Management Plan (‘‘TLMP’’) the Northern Mariana Islands, the Republic of In lieu of the matter stricken and inserted which shall, to the maximum extent practical, Palau, the Federated States of Micronesia and by said amendment insert the following: contain at least the number of acres of suitable, the Republic of the Marshall Islands: Provided, $136,794,000, to remain available until expended, available timber lands and suitable, scheduled That, in fiscal year 1997, $3,000,000 of such as authorized by law; and the Senate agree to timber lands identified in Alternative P: Pro- amounts shall be made available to the College the same. vided further, That if the Forest Service fails to of the Northern Marianas and beginning in fis- Amendment numbered 92: complete work on a revised TLMP during fiscal cal year 1997, and in each year thereafter, not That the House recede from its disagree- year 1996, Alternative P shall remain in effect to exceed $3,000,000 may be allocated, as pro- ment to the amendment of the Senate num- until such time as a revised plan is completed in vided in appropriations Acts, to the Secretary of bered 92, and agree to the same with an accordance with this section and is in effect: the Interior for use by Federal agencies or the amendment, as follows: Provided further, That hereinafter, notwith- Commonwealth of Northern Mariana Islands to In lieu of the sum proposed by said amend- standing any other provision of law, any timber address immigration, labor, and law enforce- ment insert: $1,256,253,000; and the Senate sale or offering that was prepared for accept- ment issues in the Northern Mariana Islands. agree to the same. ance, or was awarded to a purchaser after De- The specific projects to be funded in American Amendment numbered 95: cember 31, 1988, which has been the subject of Samoa shall be set forth in a five-year plan for That the House recede from its disagree- an Environmental Impact Statement under the infrastructure assistance developed by the Sec- ment to the amendment of the Senate num- National Environmental Policy Act (‘‘NEPA’’) retary of the Interior in consultation with the bered 95, and agree to the same with an and a review under section 810 of the Alaska American Samoa Government and updated an- amendment, as follows: National Interest Lands Conservation Act nually and submitted to the Congress concur- In lieu of the sum proposed by said amend- (‘‘ANILCA’’), and was subsequently offered or rent with the budget justifications for the De- ment insert: $163,500,000; and the Senate awarded to a different purchaser or offeree shall partment of the Interior. In developing budget agree to the same. not be subject to additional analysis under Amendment numbered 98: recommendations for capital infrastructure NEPA or ANILCA through any action of the That the House recede from its disagree- funding, the Secretary shall indicate the highest Federal government or by order of any court of ment to the amendment of the Senate num- priority projects, consider the extent to which law if the Forest Service determines in a Supple- bered 98, and agree to the same with an particular projects are part of an overall master mental Evaluation that no such analysis is nec- amendment, as follows: plan, whether such project has been reviewed by essary: Provided further, That section 502 of In lieu of the sum proposed by said amend- the Corps of Engineers and any recommenda- P.L. 104–19 shall be deemed permanent law. ment insert: $41,200,000; and the Senate agree And the Senate agree to the same. tions made as a result of such review, the extent to the same. Amendment numbered 110: to which a set-aside for maintenance would en- Amendment numbered 101: That the House recede from its disagree- hance the life of the project, the degree to which That the House recede from its disagree- ment to the amendment of the Senate num- a local cost-share requirement would be consist- ment to the amendment of the Senate num- bered 110, and agree to the same with an ent with local economic and fiscal capabilities, bered 101, and agree to the same with an amendment, as follows: and may propose an incremental set-aside, not amendment, as follows: In lieu of the sum stricken and inserted by to exceed $2,000,000 per year, to remain available Retain the matter proposed by said amend- said amendment insert: and for promoting without fiscal year limitation, as an emergency ment amended as follows: health and safety in mines and the mineral in- fund in the event of natural or other disasters Following ‘‘Forest Service,’’ in said dustry through research (30 U.S.C. 3, 861(b), to supplement other assistance in the repair, re- amendment insert: other than the relocation of and 951(a)), for conducting inquiries, techno- placement, or hardening of essential facilities: the Regional Office for Region 5 of the Forest logical investigations and research concerning Provided further, That the cumulative amount Service from San Francisco to excess military the extraction, processing, use, and disposal of set aside for such emergency fund may not ex- property at Mare Island, Vallejo, California. mineral substances without objectionable social ceed $10,000,000 at any time. And the Senate agree to the same. and environmental costs (30 U.S.C. 3, 1602, and ‘‘(d) Within the amounts allocated for infra- Amendment numbered 104: 1603), and for the development of methods for structure pursuant to this section, and subject That the House recede from its disagree- the disposal, control, prevention, and reclama- to the specific allocations made in subsection ment to the amendment of the Senate num- tion of waste products in the mining, minerals, (c), additional contributions may be made, as set bered 104, and agree to the same with an metal, and mineral reclamation industries (30 forth in appropriations Acts, to assist in the re- amendment, as follows: U.S.C. 3 and 21a), $417,169,000; and the Senate settlement of Rongelap Atoll: Provided, That the In lieu of the matter proposed by said agree to the same. total of all contributions from any Federal amendment insert: Amendment numbered 112: source after enactment of this Act may not ex- Any funds available to the Forest Service may That the House recede from its disagree- ceed $32,000,000 and shall be contingent upon an be used for retrofitting Mare Island facilities to ment to the amendment of the Senate num- agreement, satisfactory to the President, that accommodate the relocation: Provided, That bered 112, and agree to the same with an such contributions are a full and final settle- funds for the move must come from funds other- amendment, as follows: ment of all obligations of the United States to wise available to Region 5: Provided further, In lieu of the sum proposed by said amend- assist in the resettlement of Rongelap Atoll and That any funds to be provided for such purposes ment insert: $149,028,000; and the Senate that such funds will be expended solely on reset- shall only be available upon approval of the agree to the same. tlement activities and will be properly audited House and Senate Committees on Appropria- Amendment numbered 114: That the House recede from its disagree- and accounted for. In order to provide such con- tions. ment to the amendment of the Senate num- tributions in a timely manner, each Federal And the Senate agree to the same. bered 114, and agree to the same with an agency providing assistance or services, or con- Amendment numbered 108: amendment, as follows: ducting activities, in the Republic of the Mar- That the House recede from its disagree- In lieu of the sum proposed by said amend- shall Islands, is authorized to make funds avail- ment to the amendment of the Senate num- ment insert: $553,293,000; and the Senate able through the Secretary of the Interior, to as- bered 108, and agree to the same with an sist to the resettlement of Rongelap. Nothing in agree to the same. amendment, as follows: Amendment numbered 115: this subsection shall be construed to limit the In lieu of the matter proposed by said That the House recede from its disagree- provision of ex gratia assistance pursuant to amendment insert: ment to the amendment of the Senate num- section 105(c)(2) of the Compact of Free Associa- Notwithstanding any other provision of law, bered 115, and agree to the same with an tion Act of 1985 (Public Law 99–239, 99 Stat. for the duration of fiscal year 1996 none of the amendment, as follows: 1770, 1792) including for individuals choosing funds provided in this or any other appropria- In lieu of the sum proposed by said amend- not to resettle at Rongelap, except that no such tions Act may be used in the Tongass National ment insert: $140,696,000; and the Senate assistance for such individuals may be provided Forest except to implement the Preferred Alter- agree to the same. until the Secretary notifies the Congress that native P in the Tongass Land and Resource Amendment numbered 116: the full amount of all funds necessary for reset- Management Plan and Final Environmental Im- That the House recede from its disagree- tlement at Rongelap has been provided.’’. pact Statement (dated October 1992) as selected ment to the amendment of the Senate num- And the Senate agree to the same. in the Record of Decision Review Draft #3–2/93 bered 116, and agree to the same with an Amendment numbered 90: (hereinafter referred to as ‘‘Alternative P’’) amendment, as follows: September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9435 In lieu of the sum proposed by said amend- Amendment numbered 152: (2) For each plan reviewed pursuant to para- ment insert: $114,196,000; and the Senate That the House recede from its disagree- graph (1), the Forest Supervisor or District agree to the same. ment to the amendment of the Senate num- Manager concerned shall prepare and adopt an Amendment numbered 119: bered 152, and agree to the same with an amendment which: contains the modified or al- That the House recede from its disagree- amendment, as follows: ternative policy developed pursuant to para- ment to the amendment of the Senate num- In lieu of the matter stricken and inserted graph (1)(B); is directed solely to and affects bered 119, and agree to the same with an by said amendment insert the following: only such plan; and addresses the specific con- amendment, as follows: SEC. 314. (a) Except as provided in subsection ditions of the forest to which the plan applies In lieu of the sum proposed by said amend- (b), no part of any appropriation contained in and the relationship of the modified or alter- ment insert: $72,266,000; and the Senate agree this Act or any other Act shall be obligated or native policy to such conditions. The Forest Su- to the same. expended for the operation or implementation of pervisor or District Manager concerned shall Amendment numbered 120: the Interior Columbia Basin Ecosystem Manage- consult at a minimum, with the Governor of the That the House recede from its disagree- ment Project (hereinafter ‘‘Project’’). State, and the Commissioners of the county or ment to the amendment of the Senate num- (b)(1) From the funds appropriated to the For- counties, and affected tribal governments in bered 120, and agree to the same with an est Service and Bureau of Land Management: a which the forest to which the plan applies is sit- amendment, as follows: sum of $4,000,000 is made available for the Exec- uated during the review of the plan required by In lieu of the sum proposed by said amend- utive Steering Committee of the Project to pub- paragraph (1) and the preparation of an amend- ment insert: $1,722,842,000; and the Senate lish, and submit to the Committees on Agri- ment to the plan required by this paragraph. agree to the same. culture, Nutrition and Forestry, Appropriations, (3) To the maximum extent practicable, each Amendment numbered 122: and Energy and Natural Resources of the Sen- amendment prepared pursuant to paragraph (2) That the House recede from its disagree- ate and Committees on Agriculture, Appropria- shall establish site-specific standards in lieu of ment to the amendment of the Senate num- tions, and Resources of the House of Represent- imposing general standards applicable to mul- bered 122, and agree to the same with an atives, by April 30, 1996, an assessment on the tiple sites. Any amendment which would result amendment, as follows: National Forest System lands and lands admin- in any major change in land use allocations In lieu of the sum proposed by said amend- istered by the Bureau of Land Management within the plan or would reduce the likelihood ment insert: $238,958,000; and the Senate (hereinafter ‘‘Federal lands’’) within the area of achievement of the goals and objectives of the agree to the same. encompassed by the Project. The assessment plan (prior to any previous amendment incor- Amendment numbered 125: shall be accompanied by draft Environmental porating in the plan any policy referred to in That the House recede from its disagree- Impact Statements that are not decisional and paragraph (1)(A)) shall be deemed a significant ment to the amendment of the Senate num- not subject to judicial review, contain a range of change, pursuant to section 6(f)(4) of the Forest bered 125, and agree to the same with an alternatives, without the identification of a pre- and Rangeland Renewable Resources Planning amendment, as follows: ferred alternative or management recommenda- Act of 1974 (16 U.S.C. 1604(f)(4)) or section 202 of In lieu of the sum proposed by said amend- tion, and provide a methodology for conducting the Federal Land Policy and Management Act ment insert: $308,188,000; and the Senate any cumulative effects analysis required by sec- of 1976 (43 U.S.C. 1712), requiring a significant agree to the same. tion 102(2)(C) of the National Environmental plan amendment or equivalent. Amendment numbered 132: Policy Act (42 U.S.C. 4332(2)) in the preparation (4) Each amendment prepared pursuant to That the House recede from its disagree- of each amendment to a resource management paragraph (2) shall comply with any applicable ment to the amendment of the Senate num- plan pursuant to subsection (c)(2). The Execu- requirements of section 102(2) of the National bered 132, and agree to the same with an tive Steering Committee shall release the re- Environmental Policy Act, except that any cu- amendment, as follows: quired draft Environmental Impact Statements mulative effects analysis conducted in accord- In lieu of the sum proposed by said amend- for a ninety day public comment period. A sum- ance with the methodology provided pursuant to ment insert: $6,442,000; and the Senate agree mary of the public comments received must ac- subsection (b)(1) shall be deemed to meet any re- to the same. company these documents upon its submission quirement of such Act for such analysis and the Amendment numbered 135: to Congress. scoping conducted by the Project prior to the That the House recede from its disagree- (2) The assessment required by paragraph (1) date of enactment of this section shall substitute ment to the amendment of the Senate num- shall contain the scientific information collected for any scoping otherwise required by such Act bered 135, and agree to the same with an and analysis undertaken by the Project on for such amendment, unless at the sole discre- amendment, as follows: landscape dynamics and forest and rangeland tion of the Forest Supervisor or District Man- In lieu of the sum proposed by said amend- health conditions and the implications of such ager additional scoping is deemed necessary. dynamics and conditions for forest and range- ment insert: $5,840,000; and the Senate agree (5) The review of each plan required by para- to the same. land management, specifically the management graph (1) shall be conducted, and the prepara- Amendment numbered 146: of forest and rangeland vegetation structure, tion and decision to approve an amendment to That the House recede from its disagree- composition, density and related social and eco- each plan pursuant to paragraph (2) shall be ment to the amendment of the Senate num- nomic effects. made, by the Forest Supervisor or District Man- (3) The assessment and draft Environmental bered 146, and agree to the same with an ager, as the case may be, solely on: the basis of Impact Statements required by paragraph (1) amendment, as follows: the review conducted pursuant to paragraph shall not: contain any material other than that In lieu of matter proposed by said amend- (1)(A), any consultation or conferencing pursu- required in paragraphs (1) and (2); be the sub- ment insert: ant to section 7 of the Endangered Species Act ject of consultation or conferencing pursuant to of 1973 required by paragraph (6), any docu- PUBLIC DEVELOPMENT section 7 of the Endangered Species Act of 1973 mentation required by section 102(2) of the Na- Funds made available under this heading in (16 U.S.C. 1536); or be accompanied by any tional Environmental Policy Act, and any appli- prior years shall be available for operating and record of decision or documentation pursuant to cable guidance or other policy issued prior to administrative expenses and for the orderly clo- section 102(2) of the National Environmental the date of enactment of this Act. sure of the Corporation, as well as operating Policy Act, except as specified in paragraph (1). (6)(A) Any policy adopted in an amendment and administrative expenses for the functions (c)(1) From the funds appropriated to the For- prepared pursuant to paragraph (2) which is a transferred to the General Services Administra- est Service and the Bureau of Land Manage- modification of or alternative to a policy re- tion. ment, each Forest Supervisor of the Forest Serv- ferred to in paragraph (1)(A) and upon which And the Senate agree to the same. ice and District Manager of the Bureau of Land consultation or conferencing has occurred pur- Amendment numbered 151: Management with responsibility for a national suant to section 7 of the Endangered Species Act That the House recede from its disagree- forest or unit of land administered by the Bu- of 1973, shall not again be subject to the con- ment to the amendment of the Senate num- reau of Land Management (hereinafter ‘‘for- sultation or conferencing provisions of such sec- bered 151, and agree to the same with an est’’) within the area encompassed by the tion 7. amendment, as follows: Project shall— (B) If required by such section 7, and not sub- Restore the matter stricken by said (A) review the resource management plan ject to subparagraph (A), the Forest Supervisor amendment, amended as follows: (hereinafter ‘‘plan’’) for such forest, the sci- or District Manager concerned shall consult or In lieu of Subsection (g) insert the follow- entific information and analysis in the report conference separately on each amendment pre- ing: prepared pursuant to subsection (b) which are pared pursuant to paragraph (2). (g) Section 3(b) of the Pennsylvania Avenue applicable to such plan, and any policy which (C) No further consultation, other than the Development Corporation Act of 1972 (40 U.S.C. is applicable to such plan upon the date of en- consultation specified in subparagraph (B), 8726) is amended as follows: actment of this section (whether or not such pol- shall be undertaken on the amendments pre- ‘‘(b) The Corporation shall be dissolved on or icy has been added to such plan by amendment), pared pursuant to paragraph (2), on any project before April 1, 1996. Upon dissolution, assets, including any which is, or is intended to be, of or activity which is consistent with an applica- obligations, indebtedness, and all unobligated limited duration, and which the Project address- ble amendment, on any policy referred to in and unexpended balances of the Corporation es; and paragraph (1)(A), or on any portion of any plan shall be transferred in accordance with the De- (B) based on such review, develop a modifica- related to such policy or the species to which partment of the Interior and Related Agencies tion of such policy, or an alternative policy such policy applies. Appropriations Act, 1996.’’. which serves the basic purpose of such policy, to (7) Each amendment prepared pursuant to And the Senate agree to the same. meet the specific conditions of such forest. paragraph (2) shall be adopted on or before July H 9436 CONGRESSIONAL RECORD — HOUSE September 21, 1995 31, 1996: Provided, That any amendment deemed cy which administers the site, to remain avail- Restore the matter stricken by said a significant plan amendment, or equivalent, able for expenditures in accordance with para- amendment, amended to read as follows: pursuant to paragraph (3) shall be adopted on graph (2)(A). Sec. 316. Section 2001(a)(2) of Public Law 104– or before December 31, 1996. (B) Of the amount in excess of 104% of the 19 is amended as follows: Strike ‘‘September 30, (8) No policy referred to in paragraph (1)(A), amount collected in fiscal year 1995, and there- 1997’’ and insert in lieu thereof ‘‘December 31, or any provision of a plan or other planning after annually adjusted upward by 4%, twenty 1996’’. document incorporating such policy, shall be ef- percent to a special account in the Treasury for And the Senate agree to the same. fective in any forest subject to the Project on or use without further appropriation, by the agen- Amendment numbered 156: after December 31, 1996, or after an amendment cy which administers the site, to remain avail- That the House recede from its disagree- to the plan which applies to such forest is able for expenditure in accordance with para- ment to the amendment of the Senate num- adopted pursuant to the provisions of this sub- graph (2)(B). bered 156, and agree to the same with an section, whichever occurs first. (C) For agencies other than the fish and Wild- amendment, as follows: (9) On the signing of a record of decision or life Service, up to 15% of current year collec- Restore the matter stricken by said equivalent document making an amendment for tions of each agency, but not greater than fee amendment, amended to read as follows: the Clearwater National Forest pursuant to collection costs for that fiscal year, to remain Sec. 319. GREAT BASIN NATIONAL PARK. paragraph (2) the requirement for revision re- available for expenditure without further appro- Section 3 of the Great Basin National Park ferred to in the Stipulation of Dismissal dated priation, in accordance with paragraph (2)(C). Act of 1986 (16 U.S.C. 410mm–1) is amended— September 13, 1993, applicable to the Cleanwater (D) For agencies other than the Fish and (1) in the first sentence of subsection (e) by National Forest is deemed to be satisfied, and Wildlife Service, the balance to the special ac- striking ‘‘shall’’ and inserting ‘‘may’’; and the interim management direction provisions count established pursuant to sub-paragraph (2) in subsection (f)— contained in the Stipulation of Dismissal shall (A) of section 4(i)(1) of the Land and Water (A) by striking ‘‘At the request’’ and inserting be of no further effect with respect to the Clear- Conservation Fund Act, as amended. the following: (E) For the Fish and Wildlife Service, the bal- water National Forest. ‘‘(1) EXCHANGES.—At the request’’; ance shall be distributed in accordance with sec- (d) The documents prepared under the au- (B) by striking ‘‘grazing permits’’ and insert- tion 201(c) of the Emergency Wetlands Re- thority of this section shall not be applied or ing ‘‘grazing permits and grazing leases’’; and sources Act. used to regulate non-Federal lands. (2)(A) Expenditures from site specific special (C) by adding after ‘‘Federal lands.’’ the fol- And the Senate agree to the same. funds shall be for further activities of the area, lowing: Amendment numbered 153: ‘‘(2) ACQUISITION BY DONATION.— site or project from which funds are collected, That the House recede from its disagree- (A) IN GENERAL.—The Secretary may acquire ment to the amendment of the Senate num- and shall be accounted for separately. (B) Expenditures from agency specific special by donation valid existing permits and grazing bered 153, and agree to the same with an funds shall be for use on an agency-wide basis leases authorizing grazing on land in the park. amendment, as follows: and shall be accounted for separately. (B) TERMINATION.—The Secretary shall termi- In lieu of the matter stricken and inserted (C) Expenditures from the fee collection sup- nate a grazing permit or grazing lease acquired by said amendment insert the following: port fund shall be used to cover fee collection under subparagraph (A) so as to end grazing SEC. 315. RECREATIONAL FEE DEMONSTRATION costs in accordance with section 4(i)(1)(B) of the previously authorized by the permit or lease.’’. PROGRAM. Land and Water Conservation Fund Act, as And the Senate agree to the same. (a) The Secretary of the Interior (acting amended: Provided, That funds unexpended Amendment numbered 164: through the Bureau of Land Management, the and unobligated at the end of the fiscal year That the House recede from its disagree- National Park Service and the United States shall not be deposited into the special account ment to the amendment of the Senate num- Fish and Wildlife Service) and the Secretary of established pursuant to section 4(i)(1)(A) of said bered 164, and agree to the same with an Agriculture (acting through the Forest Service) Act and shall remain available for expenditure amendment, as follows: shall each implement a fee program to dem- without further appropriation. In lieu of the section number named in said onstrate the feasibility of user-generated cost re- (3) In order to increase the quality of the visi- amendment, insert: 328; and the Senate agree covery for the operation and maintenance of tor experience at public recreational areas and to the same. recreation areas or sites and habitat enhance- enhance the protection of resources, amounts Amendment numbered 165: ment projects on Federal lands. available for expenditure under this section may That the House recede from its disagree- (b) In carrying out the pilot program estab- only be used for the area, site or project con- ment to the amendment of the Senate num- lished pursuant to this section, the appropriate cerned, for backlogged repair and maintenance bered 165, and agree to the same with an Secretary shall select from areas under the juris- projects (including projects relating to health amendment, as follows: diction of each of the four agencies referred to and safety) and for interpretation, signage, In lieu of the section number named in said in subsection (a) no fewer than 10, but as many habitat or facility enhancement, resource pres- amendment, insert: 329; and the Senate agree as 50, areas, sites or projects for fee demonstra- ervation, annual operation (including fee collec- to the same. tion. For each such demonstration, the Sec- tion), maintenance, and law enforcement relat- Amendment numbered 167: retary, notwithstanding any other provision of ing to public use. The agencywide accounts may That the House recede from its disagree- law: be used for the same purposes set forth in the ment to the amendment of the Senate num- (1) shall charge and collect fees for admission preceding sentence, but for areas, sites or bered 167, and agree to the same with an to the area or for the use of outdoor recreation projects selected at the discretion of the respec- amendment, as follows: In lieu of the first section number named sites, facilities, visitor centers, equipment, and tive agency head. services by individuals and groups, or any com- (d)(1) Amounts collected under this section in said amendment, insert: 330; and the Sen- bination thereof; shall not be taken into account for the purposes ate agree to the same. (2) shall establish fees under this section of the Act of May 23, 1908 and the Act of March Amendment numbered 168: based upon a variety of cost recovery and fair 1, 1911 (16 U.S.C. 500), the Act of March 4, 1913 That the House recede from its disagree- market valuation methods to provide a broad (16 U.S.C. 501), the Act of July 22, 1937 (7 U.S.C. ment to the amendment of the Senate num- basis for feasibility testing; 1012), the Act of August 8, 1937 and the Act of bered 168, and agree to the same with an (3) may contract, including provisions for rea- May 24, 1939 (43 U.S.C. 1181f et seq.), the Act of amendment, as follows: sonable commissions, with any public or private June 14, 1926 (43 U.S.C. 869–4), chapter 69 of In lieu of the matter proposed by said entity to provide visitor services, including res- title 31, United States Code, section 401 of the amendment insert the following: SEC. 331. Notwithstanding any other provision ervations and information, and may accept serv- Act of June 15, 1935 (16 U.S.C. 715s), the Land of law, none of the funds made available to the ices or volunteers to collect fees charged pursu- and Water Conservation Fund Act of 1965 (16 National Endowment for the Arts under this Act ant to paragraph (1); U.S.C. 460), and any other provision of law re- (4) may encourage private investment and may be used to promote, disseminate, sponsor or lating to revenue allocation. partnerships to enhance the delivery of quality (2) Fees charged pursuant to this section shall produce materials or performances which deni- customer services and resource enhancement, be in lieu of fees charged under any other provi- grate the objects or beliefs of the adherents of a and provide appropriate recognition to such sion of law. particular religion. partners or investors; and (e) The Secretary of the Interior and the Sec- And the Senate agree to the same. (5) may assess a fine of not more than $100 for retary of Agriculture shall carry out this section Amendment numbered 169: any violation of the authority to collect fees for without promulgating regulations. That the House recede from its disagree- admission to the area or for the use of outdoor (f) The authority to collect fees under this sec- ment to the amendment of the Senate num- recreation sites, facilities, visitor centers, equip- tion shall commence on october 1, 1995, and end bered 169, and agree to the same with an ment, and services. on September 30, 1998. Funds in accounts estab- amendment, as follows: (c)(1) Amounts collected at each fee dem- lished shall remain available through September In lieu of the section number named in said onstration area, site or project shall be distrib- 30, 2001. amendment, insert: 332; and the Senate agree uted as follows: And the Senate agree to the same. to the same. (A) Of the amount in excess of 104% of the Amendment numbered 154: Amendment numbered 170: amount collected in fiscal year 1995, and there- That the House recede from its disagree- That the House recede from its disagree- after annually adjusted upward by 4%, eighty ment to the amendment of the Senate num- ment to the amendment of the Senate num- percent to a special account in the Treasury for bered 154, and agree to the same with an bered 170, and agree to the same with an use without further appropriation, by the agen- amendment, as follows: amendment, as follows: September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9437

In lieu of the matter proposed by said broader array of projects than was proposed LAND ACQUISITION amendment insert: in the FY 1996 budget, including but not lim- Amendment No. 7: Appropriates $12,800,000 SEC. 333. For purposes related to the closure of ited to, projects for which capability state- for land acquisition instead of $8,500,000 as the Bureau of Mines, funds made available to ments have been prepared. proposed by the House and $10,550,000 as pro- the United States Geological Survey, the United TITLE I—DEPARTMENT OF THE posed by the Senate. The $12,800,000 includes States Bureau of Mines, and the Bureau of INTERIOR $3,250,000 for acquisition management, Land Management shall be available for trans- BUREAU OF LAND MANAGEMENT $1,000,0000 for emergency and inholding pur- fer, with the approval of the Secretary of the In- MANAGEMENT OF LANDS AND RESOURCES chases, and $8,550,000 for land purchases. terior, among the following accounts: United Funds provided under this account for land Amendment No. 1: Appropriates $568,062,000 States Geological Survey, Surveys, investiga- purchases are subject to the guidelines iden- for management of lands and resources in- tions, and research; Bureau of Mines, Mines tified at the front of this statement. and minerals; and Bureau of Land Manage- stead of $570,017,000 as proposed by the House ment, Management of lands and resources. The and $563,936,000 as proposed by the Senate. OREGON AND CALIFORNIA GRANT LANDS Secretary of Energy shall reimburse the Sec- The amendment also adds language to trans- Amendment No. 8: Appropriates $93,379,000 retary of the Interior, in an amount to be deter- fer responsibility for mineral assessments in for Oregon and California grant lands instead mined by the Director of the Office of Manage- Alaska from the Bureau of Mines. of $91,387,000 as proposed by the House and ment and Budget, for the expenses of the trans- The net decrease below the House consists $95,364,000 as proposed by the Senate. ferred functions between October 1, 1995 and the of decreases of $1,500,000 for wild horse and The net increase above the House consists effective date of the transfers of function. Such burro management, $500,000 for threatened of a reduction of $900,000 for resources man- transfers shall be subject to the reprogramming and endangered species, $1,000,000 for recre- agement, and increases of $1,115,000 for facili- guidelines of the House and Senate Committees ation wilderness management, $448,000 for ties maintenance, and $1,777,000 for Jobs-in- on Appropriations. recreation resources management, $50,000 for the-Woods. And the Senate agree to the same. coal management, $50,000 for other mineral The managers are concerned about the RALPH REGULA resources, $554,000 for land and realty man- many programs in the President’s Forest (except amendment agement, $4,000,000 for ALMRS, $500,000 for Plan designed to provide assistance to tim- 35), administrative support, and $834,000 for bu- ber dependent communities in the Pacific JOSEPH M. MCDADE, reau-wide fixed costs; and increases of Northwest. The managers are disturbed by JIM KOLBE, $4,981,000 for Alaska conveyance, $500,000 for the inability of the agencies involved to pro- JOE SKEEN, information systems operations and vide a detailed accounting of funds appro- BARBARA F. VUCANOVICH, $2,000,000 for mineral assessments in Alaska priated in previous fiscal years in the Presi- CHARLES H. TAYLOR, formerly funded under the Bureau of Mines. dent’s Forest Plan for the unemployed tim- GEORGE R. NETHERCUTT, Amendment No. 2: Restores House provi- ber worker programs. Jr., sion stricken by the Senate which provides The managers expect the Secretary of the JIM BUNN, $599,999 for the management of the East Mo- Interior and the Secretary of Agriculture to BOB LIVINGSTON, jave National Scenic Area. The Senate had prepare a detailed accounting and report of NORMAN D. DICKS, no similar provision. The amendment also the funds appropriated in fiscal year 1995 for Managers on the part of the House. adds language earmarking $2,000,000 for min- the President’s Forest plan. The report shall eral assessments in Alaska. include a careful accounting of appropriated SLADE GORTON, Amendment No. 3: Restates the final ap- funding, including: funds appropriated for TED STEVENS, propriation amount for management of lands timber production; administrative expenses, THAD COCHRAN, and resources as $568,062,000 instead of including the number of Federal employees PETE V. DOMENICI, $570,017,000 as proposed by the House and employed to administer the various aspects MARK HATFIELD, $563,936,000 as proposed by the Senate. of the President’s plan; funds appropriated CONRAD BURNS, for the various jobs programs under the ROBERT F. BENNETT, WILDLAND FIRE MANAGEMENT President’s plan, including but not limited CONNIE MACK, Amendment No. 4: Appropriates $235,924,000 to the Jobs in the Woods program; the num- ROBERT BYRD, for wildland fire management as proposed by ber of individuals employed by these pro- J. BENNETT JOHNSTON, the House instead of $240,159,000 as proposed grams; and the average length of employ- PATRICK LEAHY by the Senate. ment in the various jobs. The managers ex- (except amendment CONSTRUCTION AND ACCESS pect the Secretaries to submit the report to 136, 138, 168, 169) Amendment No. 5: Appropriates $3,115,000 the Committees no later than March 31, 1996. Managers on the part of the Senate. for construction and access instead of UNITED STATES FISH AND WILDLIFE SERVICE JOINT EXPLANATORY STATEMENT OF $2,515,000 as proposed by the House and THE COMMITTEE OF CONFERENCE $2,615,000 as proposed by the Senate. RESOURCE MANAGEMENT The managers on the part of the House and The managers agree to the following dis- Amendment No. 9: Appropriates $497,943,000 the Senate at the conference on the disagree- tribution of funds: for resource management instead of ing votes of the two Houses on the amend- Sourdough Campground, $497,150,000 as proposed by the House and ments of the Senate to the bill (H.R. 1977), AK ...... $584,000 $501,478,000 as proposed by the Senate. making appropriations for the Department Byington Campground, ID . 290,000 The net increase above the House consists of the Interior and related agencies for the West Aravaipa Ranger Sta- of increases of $3,800,000 for cooperative con- fiscal year ending September 30, 1996, and for tion, AZ ...... 200,000 servation agreements, $750,000 for listing, other purposes, submit the following joint Railroad Flat Campground, $2,237,000 for habitat conservation, $1,502,000 statement to the House and the Senate in ex- CA ...... 218,000 for migratory bird management, $600,000 for planation of the effect of the action agreed Penitentie Canyon, CO ...... 220,000 hatchery operations and maintenance, upon by the managers and recommended in James Kipp Campground, $800,000 for fish and wildlife management, the accompanying conference report. MT ...... 345,000 $478,000 for the National Education and The conference agreement on H.R. 1977 in- Datil Well Rec Site recon- Training Center, and $885,000 for vehicle and corporates some of the provisions of both the struction, NM ...... 41,000 aircraft purchase; and reductions of $500,000 House and the Senate versions of the bill. Encampment River Rec for recovery, $230,000 for environmental con- Report language and allocations set forth in Area, WY ...... 60,000 taminants, $6,542,000 for refuge operations either House Report 104–173 or Senate Report Indian Creek Accessibility and maintenance, and $2,987,000 for 104–125 which are not changed by the con- Rehab, NV ...... 57,000 servicewide administrative support. El Camino Real Int’l Herit- ference are approved by the committee of The conference agreement includes age Ctr., NM–A&E ...... 500,000 conference. The statement of the managers, $3,800,000 for cooperative conservation agree- Flagstaff Hill, OR ...... 600,000 while repeating some report language for ments with private landowners to institute emphasis, does not negate the language ref- Total ...... 3,115,000 effective management measures that make erenced above unless expressly provided listing unnecessary. The managers intend The managers urge BLM and the non-Fed- herein. that these funds also be used to implement The managers have included funding in eral partners to consider during the A&E the 4(d) rule which is intended to ease endan- each of the land acquisition accounts that is phase of the El Camino Real International gered species land use restrictions on small not earmarked by individual projects. The Heritage Center project the fact that future landowners. The managers agree that none managers direct the Department of the Inte- construction funds are likely to be severely of the funding for cooperative conservation rior and the Forest Service to develop a pro- constrained agreements or listing be used in any way to posed distribution of project funding for re- PAYMENTS IN LIEU OF TAXES conduct activities which would directly sup- view and approval by the House and Senate Amendment No. 6: Appropriates $101,500,000 port listing of species or designating critical Committees on Appropriations. In develop- for payments in lieu of taxes instead of habitat. ing the proposed distributions, the agencies $111,409,000 as proposed by the House and The managers have included $750,000 under are encouraged to give consideration to a $100,000,000 as proposed by the Senate. the listing program to be used only for H 9438 CONGRESSIONAL RECORD — HOUSE September 21, 1995 delisting and downlisting of threatened and Bear River Migratory Bird Amendment No. 19: Deletes House prohibi- endangered species in order to ease land use Refuge, UT, flood repair . $1,000,000 tion on purchasing police vehicles. The Sen- restrictions on private and public lands. Bosque del Apache NWR, ate had no similar provision. The conference agreement includes a re- NM, repair ...... 1,820,000 Amendment No. 20: Includes Senate provi- duction of $200,000 from the gray wolf re- Hawaii captive propaga- sion that the Fish and Wildlife Service may introduction program. The managers expect tion facility, HI ...... 1,000,000 accept donated aircraft. The House had no the Service to continue the cooperative Mississippi refuges, bridge similar provision. agreement with the Animal and Plant repair and equipment ..... 1,120,000 Amendment No. 21: Includes House provi- Health Inspection Service to provide assist- National Education Train- sion prohibiting the Fish and Wildlife Serv- ance to ranchers experiencing livestock ing Center, WV, con- ice from delaying the issuance of a wetlands losses to wolves. struction ...... 24,000,000 permit for the City of Lake Jackson, TX. The managers agree with the Senate posi- Quivira NWR, KS, water The Senate had no similar provision. tion regarding the continued operation of management ...... 760,000 Amendment No. 22: Modifies Senate provi- Federal fish hatcheries. However, the fund- Russian River, AK, rehab .. 400,000 sion on the distribution of refuge entrance ing provided for hatcheries in total is below Southeast Louisiana ref- fees by substituting language which allows last year’s level, so reductions will be nec- uges, rehab ...... 1,000,000 the Fish and Wildlife Service to charge rea- essary. The managers encourage those non- Wichita Mountains NWR, sonable fees for expenses associated with the Federal parties that have expressed an inter- OK, Grama Lake and Co- conduct of training programs at the National est in participating in hatchery transfers to manche Dams, repair ...... 700,000 Education and Training Center. Any fees col- continue to pursue this option, and the Serv- Dam safety, servicewide lected for this purpose will be sued to cover ice should provide the transitional assist- inspections ...... 460,000 costs associated with the operation of this ance for such efforts as was contemplated in Bridge safety, servicewide facility. The House had no similar provision. the budget. Within the funds restored for inspections ...... 395,000 Amendment No. 23: Modified Senate provi- hatchery operations and maintenance, Emergency projects— sion regarding use of pesticides on farmland $500,000 is provided only for maintenance of servicewide ...... 1,000,000 within wildlife refuges in the Klamath Basin. those hatcheries transferred during fiscal Construction manage- The amendment is based, in part, upon the year 1996. ment—servicewide ...... 4,000,000 Service’s representation that it has already The managers reiterate, however, the need approved or anticipates approval of certain for the working group proposed by the Sen- Total ...... 37,655,000 materials that are needed for farming during ate to identify, by March 1, 1996, savings The managers expect the Department to this fiscal year and that it will consider from the fisheries program that equal or sur- include the remaining funding necessary to other materials for 1996 and subsequent pass the savings associated with the hatch- complete the construction of the National years. If these approvals do not occur or are ery transfers or closures proposed in the Education and Training Center in the fiscal withdrawn, the Senate language will prevail budget. Outyear funding for fisheries and year 1997 budget. and growers will be subject to the same re- other programs cannot be assured at a time strictions as growers on private lands. Al- of declining budgets, and future transfer pro- NATURAL RESOURCE DAMAGE ASSESSMENT lowing the pesticide use proposal process to posals might not involve transitional assist- Amendment No. 13: Appropriates $4,000,000 remain in effect for the next fiscal year will ance. The managers expect that there will be for the natural resource damage assessment enable growers and the Federal government significantly fewer Federal fish hatcheries fund as proposed by the Senate instead of to work constructively toward an agreeable by the end of fiscal year 1997. $6,019,000 as proposed by the House. process. The National Fish and Wildlife Foundation The reductions below the House consist of NATURAL RESOURCES SCIENCE AGENCY is funded at a level of $4,000,000. The House $1,597,000 for damage assessments and $422,000 RESEARCH, INVENTORIES AND SURVEYS recommended that no funds be provided for for program management. Amendment No. 24: Deletes Senate lan- this purpose in the future. The Senate took LAND ACQUISITION no position regarding outyear funding for guage providing $145,965,000 for a natural re- Amendment No. 14: Appropriates $36,900,000 sources science agency and providings guid- the Foundation. for land acquisition instead of $14,100,000 as The managers direct the Department to re- ance on the operation of that agency. This proposed by the House and $32,031,000 as pro- instate its 1992 policy, modified to reflect agency would have replaced the National Bi- posed by the Senate. The $36,900,000 includes public comments received, regarding permit ological Service. The House had no similar $8,000,000 for acquisition management, terms and conditions for hunting and fishing provision. The managers have agreed to $1,000,000 for emergency and hardship pur- guides in Alaska providing permit terms of 5 eliminate the National Biological Service chases, $1,000,000 for inholding purchases, years with one renewal period of 5 years, and to fund natural resources research as $1,000,000 for land exchanges, and $25,900,000 transferability under prescribed conditions, part of the U.S. Geological Survey as pro- for refuge land purchases. and a right of survivorship. At such time as posed by the House. This item is discussed in Funds provided under this account for land the new policy is implemented, existing per- more detail under amendment Nos. 42 and 43. purchases are subject to the guidelines iden- mit should be reissued consistent with this NATIONAL PART SERVICE tified at the front of this statement. policy. The managers note that the existing OPERATION OF THE NATIONAL PARK SYSTEM policy limiting terms to one year makes it NORTH AMERICAN WETLANDS CONSERVATION Amendment No. 25: Appropriates impossible to obtain financing for guiding FUND $1,083,151,000 for operation of the National operations while the limit on transferability Amendment No. 15: Appropriates $6,750,000 park system instead of $1,088,249,000 as pro- and survivorship prevent long-term family for the North American Wetlands Conserva- posed by the House and $1,092,265,000 as pro- businesses from continuing upon the death tion Fund as proposed by the Senate instead posed by the Senate. The reduction from the or illness of the permit holder. of $4,500,000 as proposed by the House. Senate level reflects the transfer of the The managers recognize the Fish and Wild- The increase above the House includes equipment replacement account back to the life Service’s fisheries mitigation respon- $2,230,000 for habitat management and $20,000 construction account. sibilities pursuant to existing law and expect for administration. In keeping with the demands placed on the working group to take into account such The House recommended that no funds be other Interior bureaus, the managers have responsibilities. provided for this purpose in the future. The not funded uncontrolled costs and expect Amendment No. 10: Extends availability of Senate took no position regarding outyear these costs to be absorbed through reduc- $11,557,000 for Lower Snake River compensa- funding for this program. tions to levels of reviews and management. tion plan facilities until expended as pro- WILDLIFE CONSERVATION AND APPRECIATION Efficiencies should also be sought by explor- posed by the Senate, instead of limiting the FUND ing opportunities that exist and have been availability to September 30, 1997 as pro- Amendment No. 16: Appropriates $800,000 outlined in GAO reports to co-locate and posed by the House. combine functions, systems, programs, ac- Amendment No. 11: Includes language pro- for the Wildlife Conservation and Apprecia- tion Fund as proposed by the Senate instead tivities or field locations with other Federal posed by the Senate which prohibits listing land management agencies. additional species as threatened or endan- of $998,000 as proposed by the House. Amendment No. 17: Deletes matching re- The managers are concerned about the gered and prohibits designating critical habi- costs associated with the current reorganiza- tat during fiscal year 1996 or until a reau- quirements proposed by the House and stricken by the Senate. The matching re- tion effort and strongly urge the NPS to thorization is enacted. The House had no limit expenditures for task forces, work similar provision. quirements of the Partnerships for Wildlife Act will continue to apply, and do not need groups and employee details and special as- CONSTRUCTION to be stated in the appropriations act. sistants. The managers request that a report Amendment No. 12: Appropriates $37,655,000 be submitted by February 1, 1996, detailing a for construction instead of $26,355,000 as pro- ADMINISTRATIVE PROVISIONS budget history of past costs and future esti- posed by the House and $38,775,000 as pro- Amendment No. 18: Provides authority to mated costs associated with the reorganiza- posed by the Senate. purchase 113 motor vehicles as proposed by tion. The managers agree to the following dis- the Senate instead of 54 passenger vehicles The managers expect a report within 45 tribution of funds: as proposed by the House. days of enactment of this Act identifying September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9439 NPS preliminary allocations for fiscal year Blue Ridge Parkway, Sagamore Hill National 1996. This report will serve as the baseline Hemphill Knob, NC (ad- Historic Site, NY (water for any reprogrammings in fiscal year 1996. ministration building) .... 1,030,000 and sewer lines) ...... 800,000 In considering these allocations, the man- Cane River Creole National Salem Maritime National agers expect that none of the programmatic Historic Park, LA (pres- Historic Site, MA (vessel increases requested in the budget are to be ervation and stabiliza- exhibit) ...... 2,200,000 considered except those necessary to meet tion) ...... 4,000,000 Saratoga National Histori- specific park operating needs. This includes Chickasaw National Recre- cal Park, NY (monument new and expanded programs. Any new initia- ation Area, OK (camp- rehabilitation) ...... 2,000,000 tive such as those related to training, reor- ground rehabilitation) .... 1,624,000 Sequoia National Park, CA ganization or national service should be ad- Chamizal National Monu- (replace Giant Sequoia dressed through the reprogramming process. ment, TX (rehabilitation) 300,000 facilities) ...... 3,700,000 The managers expect that the National Crater Lake National Southwestern Pennsylva- Park Service will use these operating funds Park, OR (dormitories nia Commission (various for core park programs. construction) ...... 10,000,000 projects) ...... 2,000,000 The managers expect that the principle Cuyahoga National Recre- Stones River National Bat- goal of the reorganization plan, which is to ation Area, OH (site and tlefield, TN (stablization) 200,000 relocate staff from central and regional of- structure rehabilitation) 2,500,000 Thomas Stone Historic fices to the parks, will greatly alleviate the Delaware Water Gap Na- Site, MD (rehabilitation) 250,000 pressures placed on parks by increase visita- tional Recreation Area, Western Trails Center, IA . 3,000,000 tion. PA (trails rehabilitation) 1,050,000 Wrangell-St. Elias Na- The managers have agreed to the House po- Everglades National Park, tional Park and Pre- sition regarding the termination of the FL (water delivery sys- serve, AK (Kennicott Pennsylvania Avenue Development Corpora- tem modification) ...... 4,500,000 Mine site safety and re- tion and the transfer of certain specific ac- Fort Necessity National habilitation) ...... 1,500,000 tivities to other agencies including the Na- Battlefield, PA (rehabili- Yosemite National Park, tional Park Service. This item is discussed tation) ...... 265,000 CA (El Portal mainte- Fort Smith National His- in greater detail in amendment Number 151 nance facilities) ...... 9,650,000 toric Site, AR (rehabili- in Title III. Zion National Park, UT tation) ...... 500,000 Amendment No. 26: Restore House lan- (transportation system Gateway National Recre- guage stricken by the Senate regarding the facilities) ...... 5,200,000 ation Area, NY (Jacob availability of funds at the Mojave National Riis Park rehabilitation) 1,595,000 Subtotal, line item con- Preserve. General Grant National struction ...... 90,162,000 NATIONAL RECREATION AND PRESERVATION Memorial, NY (rehabili- Emergency, unscheduled, Amendment No. 27: Appropriate $37,649,000 tation) ...... 1,000,000 housing ...... 13,973,000 Gettysburg National Mili- for National recreation and preservation in- Planning ...... 17,000,000 tary Park, PA (water and stead of $35,725,000 as proposed by the House Equipment replacement .... 14,365,000 sewer lines) ...... 2,550,000 and $38,094,000 as proposed by the Senate. General management plans 6,600,000 Glacier National Park, MT The reduction of $445,000 in Statutory and Special resource studies .... 825,000 (rehabilitate chalets) ..... 328,000 Contractual Aid from the Senate amount re- Strategic planning office ... 300,000 flects the elimination of $23,000 for the Maine Grand Canyon National Park, AZ: Transpor- Acadian Cultural Preservation Commission Total ...... 143,225,000 and a reduction of $422,000 for the Native Ha- tation ...... 1,000,000 The bill provides $1,000,000 for transpor- waiian Culture and Arts program. Gulf Islands National Sea- tation related activities at Grand Canyon Amendment No. 28: Earmarks $236,000 for shore, MS (erosion con- National Park. These funds are to be made the William O. Douglas Outdoor Education trol) ...... 600,000 available for transportation projects that Center as proposed by the Senate instead of Harpers Ferry National the Superintendent of the Grand Canyon $248,000 as proposed by the House. Historical Park, WV As discussed under amendment No. 155, no (utilities and phone Park has identified as high priority. There- funds are provided for the Mississippi River lines) ...... 455,000 fore, it is the intent of the managers that Corridor Heritage Commission. Within funds Hot Springs NP, AR (sta- these moneys be used for any transportation provided, the National Park Service shall bilization/Lead Point) .... 500,000 related expenditure, including the design of publish the final report and enter into no James A. Garfield National new transportation facilities and the pur- other activities related to this corridor. The Historic Site, OH (reha- chase of new buses. funds included in the Senate bill for the bilitation/development) .. 3,600,000 The managers encourage the National Commission have been transferred to the riv- Jean Lafitte National Park Park Service to proceed expeditiously with ers and trails program. and Preserve, LA (com- the necessary work at Cane River Creole plete repairs) ...... 2,100,000 NHP, LA. HISTORIC PRESERVATION Klondike Gold Rush Na- Amendment No. 31: Earmarks $4,500,000 for Amendment No. 29: Appropriates $36,212,000 tional Historical Park, the Everglades as proposed by the Senate in- for the Historic Preservation Fund instead of AK (restore Skagway his- stead of $6,000,000 as proposed by the House. $37,934,000 as proposed by the House and toric district) ...... 850,000 Amendment No. 32: Retains the Senate $38,312,000 as proposed by the Senate. Lackawanna Valley, PA provision indicating Historic Preservation The managers have provided $32,712,000 for (technical assistance) ..... 400,000 funds may be available until expended to sta- State grants and $3,500,000 for the National Lake Chelan National bilize buildings associated with the Kenni- Trust for Historic Preservation. Recreation Area, WA cott, Alaska copper mine. The House had no The managers agree to a three year period (planning and design for similar provision. of transition for the National Trust for His- repair of Company Creek LAND ACQUISITION toric Preservation to replace Federal funds Road) ...... 280,000 with private funding. Little River Canyon Na- Amendment No. 33: Appropriates $49,100,000 for land acquisition instead of $14,300,000 as CONSTRUCTION tional Park, AL (health and safety) ...... 460,000 proposed by the House and $45,187,000 as pro- Amendment No. 30: Appropriates Mount Rainier National posed by the Senate. The $49,100,000 includes $143,225,000 for construction instead of Park, WA (replace em- $7,200,000 for acquisition management, $114,868,000 as proposed by the House and ployee dormitory) ...... 6,050,000 $3,000,000 for emergency and hardship pur- $116,480,000 as proposed by the Senate. Natchez Trace Parkway, chases, $3,000,000 for inholding purchases, The managers agree to the following dis- MS ...... 3,000,000 $1,500,000 for State grant administration, and tribution of funds: National Capital Parks— $34,400,000 for other land purchases. Andersonville National Central, DC (Lincoln/Jef- Amendment No. 34: Deletes the earmark Historic Site, GA (pris- ferson memorials reha- inserted by the House and stricken by the oner of war museum) ...... $2,800,000 bilitation) ...... 4,000,000 Senate for Federal assistance to the State of Assateague National Sea- New River Gorge National Florida. Authority exists for the Department shore, MD (erosion con- River, WV (trails, visitor to use land acquisition funds for a grant to trol) ...... 300,000 access and hazardous ma- the State of Florida if approved pursuant to Blackstone River Valley terials) ...... 625,000 the procedures identified for land acquisition National Heritage Cor- President’s Park, DC: Re- in fiscal year 1996. ridor MA/RI (interpretive place White House elec- Amendment No. 35: Modifies language pro- project) ...... 300,000 trical system ...... 1,100,000 posed by the Senate which requires that H 9440 CONGRESSIONAL RECORD — HOUSE September 21, 1995 funds which may be made available for the enter into negotiations regarding a memo- Amendment No. 42: Earmarks $137,000,000 acquisition of the Elwha and Glines dams randum of understanding for continued use for natural resources research and coopera- shall be used solely for acquisition, and shall of the Stampede Creek Mine property. The tive research units instead of $112,888,000 as not be expended until the full purchase Park Service should report to the relevant proposed by the House. The Senate rec- amount has been appropriated by the Con- Congressional committees by May 1, 1996 on ommended funding this research under a sep- gress. The House had no similar provision. an assessment of damages resulting from the arate account and at a level of $145,965,000 as Consistent with the direction for the land ac- April 30, 1987 explosion. The repair or re- discussed in amendment No. 24. The amend- quisition accounts, no specific earmark is placement should be to the same condition ment also earmarks $16,000,000 for minerals provided for this project. Under the proce- as existed on April 30, 1987. If the University information activities transferred from the dures identified for land acquisition, how- of Alaska at Fairbanks seeks to replace the Bureau of Mines, mines and minerals ac- ever, funds could be made available for the facilities, the Park Service should consider count (see amendment No. 47). Elwha and Glines dams. working with the Army to assist in any com- The managers agree that natural resources The Elwha Act, P.L. 102–495, authorizes the pensation to which the University of Alaska research in the Department of the Interior purchase of the Elwha and Glines dams by at Fairbanks may be eligible since the Army should be organized in a manner that ensures the Secretary of the Interior at a total pur- assisted the National Park Service with the that it is independent from regulatory con- chase price of $29,500,000. Recognizing the se- explosives work conducted at Stampede trol and scientifically excellent. The man- rious funding constraints under which the Creek on April 30, 1987. agers intend the merger of these research ac- Committees are operating, bill language has UNITED STATES GEOLOGICAL SURVEY tivities into the USGS to be permanent. The been included which authorizes funding to be USGS is directed to plan and manage the re- SURVEYS, INVESTIGATIONS, AND RESEARCH provided over a period of years, as necessary, structuring and downsizing of the former Na- in order to acquire the dams. The bill lan- Amendment No. 41: Appropriates tional Biological Service. Retrenchments re- guage specifies that the appropriated funds $730,503,000 for surveys, investigations and quired to remain within the reduced level of may only be used for acquisition. Appro- research instead of $686,944,000 as proposed by appropriations for the former NBS are to the House and $577,503,000 as proposed by the priated funds cannot be expended until the occur predominately in administrative, man- Senate. The amendment also provides au- total purchase price of $29,500,000 is appro- agerial and other headquarters support func- thority for minerals information activities priated. tions of that organization so as to maintain, Under the Elwha Act, the Secretary is au- formerly conducted in the Bureau of Mines. Changes to the amount proposed by the to the maximum extent possible, scientific thorized to study the benefits of the removal House include increases of $24,112,000 for nat- and technical capabilities. of both dams, and to assess the costs of such The managers expect the agency to work ural resources research, $16,000,000 for min- a removal to restore fish runs in the Elwha closely with the land management agencies erals information activities transferred from River. The managers continue to be dis- to identify priority science needs of concern the Bureau of Mines and $4,000,000 for univer- turbed greatly by the early projections from to the Department’s land managers on the sity earthquake research grants, and de- the Administration of costs that range from ground. The managers are concerned that creases in Federal water resources investiga- $80–$300 million for dam removal. Due to the tions of $176,000 for data collection and anal- natural resource research be linked closely lack of available funds, the managers strong- ysis and $100,000 for hydrology of critical to management issues. In addition, attention ly discourage the Administration and those aquifers and a decrease of $277,000 in the Na- should be provided to information related to parties supporting dam removal from con- tional mapping program for cartographic and wildlife resources entrusted to the steward- tinuing to support such a policy. Instead, the geographic research. ship of the Department; fisheries, including managers encourage interested parties to The managers have provided $4,000,000 for restoration of depleted stocks; fish propaga- pursue other, less costly alternatives to university research in the earthquakes pro- tion and riverine studies; aquatic resources; achieve fish restoration. The managers urge gram. If there is a compelling need for addi- nonindigenous nuisances that affect aquatic parties interested in the Elwha Act to work tional funds in this program in fiscal year ecosystems; impacts and epidemiology of to find, within the next year, a more fiscally 1996 and an acceptable funding offset can be disease on fish and wildlife populations; responsible and achievable solution to fish- justified, the USGS should notify the Com- chemical drug registration for aquatic spe- ery restoration in lieu of dam removal. If no mittees following the existing cies; and effective transfer of information to conclusion can be reached on this issue, the reprogramming guidelines. The Committees natural resources managers. appropriations committees, working with will consider any such request on its merits. During fiscal year 1996, funds appropriated the authorizing committees, will be forced to The managers understand that the USGS is for the functions of the former NBS shall re- work to find a legislative solution to the constrained from releasing certain informa- main a separate entity, titled ‘‘natural re- problem. tion under interagency agreement No. sources research’’, within the USGS. Upon The managers have included $1,500,000 for AGP00473.94 with the Bureau of Indian Af- completion of the necessary downsizing, and administration of the state grant program. fairs absent the approval of the BIA. This no later than nine months after enactment These funds are provided only to close down issue is discussed in more detail in the BIA of this legislation, the managers direct the ongoing projects. No funds are provided for section of this statement. USGS to provide the Committees with a new grants and the managers intend that no The managers have agreed to fund a com- final plan for the permanent consolidation funds will be provided in the future. petitive program for the water resources re- and integration of natural resources research ADMINISTRATIVE PROVISIONS search institutes with at least a 2 to 1 fund- functions into the USGS. As of October 1, Amendment No. 36: Retains Senate lan- ing match from non-Federal sources. The 1996, employees of the former NBS shall be guage regarding an agreement for the rede- managers expect that this approach likely subject to the same administrative guide- velopment of the southern end of Ellis Island will lead to the closure of some of the insti- lines and practices followed by the USGS in- and providing for Congressional review. Iden- tutes. The managers recommend that in fis- cluding peer review of research and inves- tical language has been included in previous cal year 1996 a modest base grant of $20,000 tigations, maintenance of objectivity and Interior appropriations bills. per participating institute be provided with impartiality, and ethics requirements re- Amendment No. 37: Modifies language pro- the balance of the funding for the program to garding financial disclosure and divestiture. posed by the Senate to clarify that funds be competitively awarded based on National The managers expect that the USGS budget may not be used by the National Park Serv- program priorities established by the USGS. request for fiscal year 1997 will require ice for activities taken in direct response to The need for continuing a small base grant amendment subsequent to its submission to the United Nations Biodiversity Convention. beyond fiscal year 1996 should be carefully reflect appropriately this consolidation. To The House had no similar provision. examined by the USGS in the context of its reiterate, this merger is intended to be per- Amendment No. 38: Retains language pro- fiscal year 1997 budget priorities. The man- manent and should be implemented fully by posed by the Senate allowing the American agers do not object to competitions being re- October 1, 1996. Battlefield Protection Program to enter into gionally-based if that approach is deter- During fiscal year 1996 the Department and cooperative agreements of various types mined by the USGS to be the most produc- the USGS are prohibited from with other entities. The House had no simi- tive, from the standpoint of meeting the reprogramming funds from other USGS pro- lar provision. most compelling information needs, and the grams and activities for any program or ac- Amendment No. 39: Modifies Senate lan- most cost effective. If a regional approach is tivity within the Department for natural re- guage regarding a feasibility study for a selected, the managers suggest that the sources research activities. northern access route into Denali National USGS regions be consolidated so that there The managers also have agreed to provide Park and Preserve in Alaska. The modifica- are no more than 4 or 5 large regional areas. $16,000,000 for minerals information activi- tion is to require that the study also be sub- The competition should not be structured to ties, transferred from the Bureau of Mines. mitted to the House and Senate Committees ensure that every participating institute in a The funding represents a reduction from the on Appropriations. region gets a competitive award. The USGS fiscal year 1995 level and may require signifi- Amendment No. 40: Deletes Senate lan- should report to the Committees in the fiscal cant downsizing and restructuring of the guage regarding the Stampede Creek Mine at year 1997 budget submission on how the com- program. The USGS should oversee the Denali National Park in Alaska. The House petition is to be structured and should report refocusing of the program. Until such had no similar provision. in subsequent budget submissions on the dis- downsizing is completed, the program should If requested by the University of Alaska at tribution of competitively awarded grants by remain a separate and distinct budget and Fairbanks, the National Park Service shall institute. organizational entity within the USGS. To September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9441 the extent job vacancies occur in the trans- kane, WA will be continued under the De- Changes from Nonrecurring Programs in- ferred program in fiscal year 1996, they partment of Energy as will the materials clude: increases of $400,000 for Self Deter- should be filled with Bureau of Mines em- partnerships program in Albany, OR. The mination grants, $1,500,000 for community ployees subject to termination or reduction- U.S. Geological Survey will assume respon- economic development grants, $250,000 for in-force. The managers understand that the sibility for the minerals information pro- technical assistance, and $1,500,000 for water existing USGS mineral resources survey ac- gram in Denver, CO and Washington, DC. rights negotiations; and decreases of $442,000 tivity is undergoing a restructuring and The Bureau of Land Management will as- for attorney fees and $125,000 for resources downsizing and expect that effort and the re- sume responsibility for mineral assessments management for absorption of pay costs. quired downsizing of the minerals informa- in Alaska. The managers do not object to a Changes from Central Office Operations in- tion program to proceed independently. limited number of administrative support clude: a decrease of $126,000 for the substance When both downsizing efforts are completed, personnel being maintained in these loca- abuse coordination office, a decrease of a single, refocused minerals program should tions. All other functions of the Bureau of $2,000,000 for education program manage- be created which combines the minerals in- Mines will be terminated and all other Bu- ment, a $12,477,000 transfer from trust serv- formation activities transferred from the reau locations will be closed. The funds pro- ices to the Office of Special Trustee for Bureau of Mines with other USGS mineral vided under this head should be sufficient to American Indians, a transfer of $447,000 from resources work. provide termination costs and to provide for general administration to the Office of Spe- Amendment No. 43: Modifies language in- environmental cleanup costs and for the re- cial Trustee for American Indians, and a gen- serted by the House and stricken by the Sen- quired oversight and closeout of contracts. eral reduction of $14,400,000. ate providing guidance on the conduct of The managers understand that some con- Changes from Area Office Operations in- natural resources research. The change to tracts will require oversight through a log- clude a transfer of $2,367,000 from trust serv- the House position expands the prohibition ical completion point to ensure that the Fed- ices to the Office of Special Trustee for on the use of funds for new surveys on pri- eral investment is not lost. One example is American Indians and a general reduction of vate property to include new aerial surveys the construction associated with the Casa $14,447,000. Changes from Special Programs and for the designation of habitat under the En- Grande in situ copper leaching program. The Pooled Overhead include: increases of dangered Species Act unless authorized in managers expect that there will be few such $1,337,000 for special higher education schol- writing by the property owner. With respect cases and expect the Secretary to notify the arships, $962,000 for the Indian Arts and to natural resources research activities, the Committees of the rationale for continuing specific contracts, not transferred to DOE, Crafts Board, $1,780,000 for intra-govern- managers agree that funds may not be used mental billings, and $57,000 for direct rentals; for new surveys on private property without BLM or USGS, beyond the closure of the Bu- reau. The managers expect the Secretary to and decreases of $866,000 for the Indian Child the written consent of the land owner, that Welfare Act, $1,500,000 for employee displace- volunteers are to be properly trained and proceed apace with the termination of the Bureau using the funds provided herein. ment costs, $141,000 for personnel consolida- that volunteer-collected data are to be veri- tion, $664,000 for GSA rentals, $1,666,000 for OFFICE OF SURFACE MINING RECLAMATION AND fied carefully. The amendment also transfers human resources development, and a $23,000 ENFORCEMENT authority from the Bureau of Mines to the general reduction. Director of the USGS to conduct mineral REGULATION AND TECHNOLOGY Amendment No. 54: Deletes Senate ear- surveys, consistent with the funding for that Amendment No. 48: Appropriates $95,970,000 mark of $962,000 for the Indian Arts and purpose earmarked under amendment No. 42. for regulation and technology as proposed by Crafts Board. The House had no similar pro- MINERALS MANAGEMENT SERVICE the Senate instead of $93,251,000 as proposed vision. The managers agree that within Spe- by the House. ROYALTY AND OFFSHORE MINERALS cial Programs/Pooled Overhead, $962,000 is MANAGEMENT ABANDONED MINE RECLAMATION FUND earmarked for the Indian Arts and Crafts Board. In light of declining budgets, future Amendment No. 44: Appropriates Amendment No. 49: Appropriates funding for this program should be provided $182,994,000 for royalty and offshore minerals $173,887,000 for the abandoned mine reclama- through non-Federal sources. management instead of $186,556,000 as pro- tion fund instead of $176,327,000 as proposed by the House and $170,441,000 as proposed by Amendment No. 55: Earmarks $104,626,000 posed by the House and $182,169,000 as pro- for contract support costs as proposed by the posed by the Senate. Changes to the amount the Senate. The net decrease below the House consists Senate instead of $106,126,000 as proposed by proposed by the House include decreases in of reductions of $500,000 for donations, the House and adds language earmarking information management of $151,000 for the $2,000,000 for reclamation program oper- $100,255,000 for welfare assistance. absorption of fixed cost increases and ations, and $93,000 for administrative sup- Amendment No. 56: Earmarks up to $3,000,000 which is offset by the authority to port; and increases of $13,000 for executive di- $5,000,000 for the Indian Self-Determination use additional receipts as provided in amend- rection and $140,000 for general services. fund as proposed by the Senate instead of ment Nos. 45 and 46; and decreases in general Amendment No. 50: Deletes House earmark $5,000,000 as proposed by the House. administration of $306,000 for administrative of $5,000,000 for the Appalachian Clean Amendment No. 57: Earmarks $330,711,000 operations and $105,000 for general support Streams Initiative. The Senate had no simi- for school operations costs as proposed by services. lar provision. the House instead of $330,991,000 as proposed The managers agree that the independent Amendment No. 51: Deletes House provi- by the Senate. review of the royalty management program sion that allowed the use of donations for Amendment No. 58: Earmarks $68,209,000 which was recommended by the House should the Appalachian Clean Streams Initiative. for higher education scholarships, adult vo- not be conducted until the disposition of the The Senate had no similar provision. cational training, and assistance to public hardrock minerals program is legislatively Amendment No. 52: Includes Senate provi- schools instead of $67,138,000 as proposed by resolved: Accordingly, no funds are ear- sion which allows States to use part of their the House and $69,477,000 as proposed by the marked for this effort in fiscal year 1996. reclamation grants as a funding match to Senate. Amendment No. 45: Provides for the use of treat and abate acid mine drainage, consist- Amendment No. 59: Retains a statutory $15,400,000 in increased receipts for the tech- ent with the Surface Mining Control and reference to the Johnson O’Malley Act as nical information management system as Reclamation Act (SMCRA). The House had proposed by the Senate. The House had no proposed by the Senate instead of $12,400,000 no similar provision. similar provision. as proposed by the House. Amendment No. 60: Earmarks $71,854,000 BUREAU OF INDIAN AFFAIRS Amendment No. 46: Permits the use of ad- for housing improvement, road maintenance, ditional receipts for Outer Continental Shelf OPERATION OF INDIAN PROGRAMS attorney fees, litigation support, self-govern- program activities in addition to the tech- Amendment No. 53: Appropriates ance grants, the Indian Self-Determination nical information management system as $1,359,434,000 for the Operation of Indian Pro- Fund, and the Navajo-Hopi settlement pro- proposed by the Senate. The House had no grams instead of $1,509,628,000 as proposed by gram instead of $74,814,000 as proposed by the similar provision. the House and $1,261,340,000 as proposed by House and $62,328,000 as proposed by the Sen- the Senate. Changes to the amount proposed BUREAU OF MINES ate. by the House from Tribal Priority Alloca- Amendment No. 61: Deletes a reference to MINES AND MINERALS tions include decreases of $1,500,000 for con- trust fund management as proposed by the Amendment No. 47: Appropriates $64,000,000 tract support, $4,000,000 for small and needy Senate. Responsibility for trust fund man- for mines and minerals instead of $87,000,000 tribes, and a general reduction of $117,136,000. agement has been transferred to the Office of as proposed by the House and $128,007,000 as Changes from Other Recurring Programs Special Trustee for American Indians. proposed by the Senate. The conference include: increases of $1,109,000 for ISEP for- Amendment No. 62: Deletes reference to agreement provides for the transfer of health mula funds, $1,000,000 for student transpor- the statute of limitations language, as pro- and safety research to the Department of En- tation, and $73,000 for Lake Roosevelt; and posed by the Senate. This language is in- ergy (see amendment No. 110). The $64,000,000 decreases of $1,109,000 for ISEP adjustments, cluded in the Office of Special Trustee for provided for mines and minerals is to be used $1,000,000 for early childhood development, American Indians (amendment No. 80). for the orderly closure of the Bureau of and $1,186,000 for community development— Amendment No. 63: Retains Senate lan- Mines. facilities O&M; and a transfer of $3,047,000 guage on the use of up to $8,000,000 in unobli- The managers expect that the health and from trust services to the Office of Special gated balances for employee severance, relo- safety functions in Pittsburgh, PA and Spo- Trustee for American Indians. cation, and related expenses and inserts new H 9442 CONGRESSIONAL RECORD — HOUSE September 21, 1995 language regarding the effective date when CONSTRUCTION COMPACT OF FREE ASSOCIATION schools can adjust salary schedules. The Amendment No. 64: Appropriates Amendment No. 73: Deletes House proposed House had no similar provision. $100,833,000 for construction instead of language and funding for impact aid to The managers agree that: $98,033,000 as proposed by the House and Guam as proposed by the Senate. 1. Under Other Recurring Programs $409,000 $107,333,000 as proposed by the Senate. The managers agree that Guam should be is earmarked for Alaska legal services and Changes to the amount proposed by the compensated for the impact caused by immi- salmon studies. House include increases of $4,500,000 for the gration from the freely associated states as 2. Not more than $297,000 shall be available Chief Leschi School, and $2,500,000 for the authorized under the Compact of Free Asso- for a grant to the Close Up Foundation. fire protection program, and decreases of ciation. Funding for compact impact shall be 3. Amounts specifically earmarked within $3,700,000 for the Navajo irrigation project provided by a re-allocation of existing man- the bill for Tribal Priority Allocations are and $500,000 for engineering and supervision. datory grant funds as discussed under subject to the general reduction identified The managers agree that the Chief Leschi amendment No. 89. for Tribal Priority Allocations. The man- School project will be phased in over a two- DEPARTMENTAL OFFICES agers expect the Bureau to allocate the gen- year period. eral reduction in a manner that will not The managers agree that funding provided DEPARTMENTAL MANAGEMENT jeopardize funding provided from the High- for construction projects should include the SALARIES AND EXPENSES way Trust Fund for road maintenance. In ad- entire cost of a given project, which elimi- Amendment Nos. 74 and 75: The managers dition, the general reduction should not be nates the need for a separate appropriation agree to the Senate language which changes applied to the $750,000 allocated for the Fi- for contract support. the account name from Office of the Sec- nancial Management Improvement Team INDIAN LAND AND WATER CLAIM SETTLEMENTS retary to Departmental Management. and for small and needy tribes. BIA should AND MISCELLANEOUS PAYMENTS TO INDIANS Amendment No. 76: Appropriates $57,796,000 ensure that compacting and non-compacting Amendment No. 65: Appropriates $80,645,000 for departmental management as proposed tribes are treated consistently, except for for Indian land and water claim settlements by the Senate instead of $53,919,000 as pro- compacting tribes who meet the criteria for and miscellaneous payments to Indians in- posed by the House. A redistribution has small and needy tribes. stead of $75,145,000 as proposed by the House been made which includes reductions of 4. BIA should provide consistent treatment and $82,745,000 as proposed by the Senate. $296,000 to the Secretary’s immediate office in allocating funds for small and needy Amendment No. 66: Earmarks $78,600,000 and $51,000 to Congressional Affairs. These tribes and new tribes. Allocations should be for land and water claim settlements as pro- funds have been transferred to Central Serv- based on recommendations of the Joint Re- posed by the Senate instead of $73,100,000 as ices. organization Task Force. proposed by the House. Changes to the The managers agree that these accounts 5. No funds are provided for the school sta- amount proposed by the House include an in- have been restrained over recent years and tistics initiative. If the BIA wishes to pursue crease of $5,500,000 for the Ute Indian settle- that coordination of the Department’s pro- to initiative, the Committees will consider a ment. grams, particularly during the ongoing reprogramming request. Amendment No. 67: Earmarks $1,000,000 for downsizing and restructuring process, is crit- 6. Several steps must be completed before trust fund deficiencies as proposed by the ical to ensure the overall effectiveness of the schools can adjust salary schedules. For this House instead of $3,100,000 as proposed by the Department’s programs. However, the man- reason, bill language is included that will Senate. agers feel that it is important to restrain provide this authority beginning with the these offices at the 1995 level considering 1997–98 school year. The managers expect TECHNICAL ASSISTANCE OF INDIAN ENTERPRISES that most of the Department’s programs that within 30 days after enactment of this Amendment No. 68: Appropriates $500,000 have sustained reductions, or face elimi- Act BIA should provide the Committees with for technical assistance instead of $900,000 as nation, and all are being directed to absorb a plan and time schedule advising how BIA proposed by the Senate and no funds as pro- their uncontrollable expenses. The managers will adjust salary schedules by the 1997–98 posed by the House. also recognize the need to have flexibility in school year. The managers expect BIA to en- INDIAN GUARANTEED LOAN PROGRAM ACCOUNT the Departmental Offices to manage within sure that all necessary steps are taken to fa- Amendment No. 69: Appropriates $5,000,000 reduced funding levels and with the displace- cilitate changes in salary rates for any for guaranteed loans instead of $7,700,000 as ments and uncertainties caused by reduc- schools desiring to use non-DOD pay rates. proposed by the Senate and no funds as pro- tions-in-force. Therefore, the managers agree 7. $16,338,000 from the Operation of Indian posed by the House. that the Department may reprogram funds without limitation among the program ele- Programs should be transferred to the Office The managers agree that $4,500,000 is for ments within the four activities. However, of Special Trustee for American Indians (see the cost of guaranteed loans and $500,000 is any reprogramming among the four activi- Amendment No. 80). for administrative expenses. The managers have agreed to a reduction ties must follow the normal reprogramming TERRITORIAL AND INTERNATIONAL AFFAIRS of $2,000,000 for education program manage- guidelines. ment in the Central Office Operations pro- ASSISTANCE TO TERRITORIES The managers strongly support language gram. No reduction has been included for Amendment No. 70: Appropriates $65,188,000 included in the House Report which encour- area and agency technical support in Other for Assistance to Territories instead of ages each agency to reduce levels of review Recurring Programs. The managers expect $52,405,000 as proposed by the House and and management in order to cover the costs the Bureau to review education program $68,188,000 as proposed by the Senate. The associated with pay raises and inflation. The management at all levels to ensure that re- changes to the amount proposed by the Department should carefully review and sources are properly allocated within the House include an increase of $13,827,000 for eliminate excessive or duplicated positions funding provided. If the Bureau wishes to re- territorial assistance and a decrease of associated with Congressional and Public Af- allocate the funds for these accounts, a $1,044,000 for American Samoa operations fairs offices. reprogramming request should be submitted grants. The amount provided for territorial Amendment No. 77: Deletes Senate lan- to the Committees. assistance includes increases over the House guage which prohibits the use of official re- The managers expect the Bureau of Indian of $5,650,000 for technical assistance, ception funds prior to the filing of the Char- Affairs to direct the U.S. Geological Survey $2,400,000 for maintenance assistance, ter for the Western Water Policy Review to provide for the public release of all inter- $1,500,000 for management controls, and Commission. The House had no similar pro- pretations of data and reports (draft and $750,000 for disaster assistance. vision. final) completed under interagency agree- Amendment No. 71: Earmarks $3,527,000 for CONSTRUCTION MANAGEMENT ment number AGP00473.94 and all related the Office of Insular Affairs as proposed by Amendment No. 78: Appropriates $500,000 as amendments immediately upon completion the Senate instead of no funds as proposed proposed by the Senate instead of no funding of the water studies. Within 15 days of enact- by the House. The managers agree that the as proposed by the House. ment of this Act the BIA shall report to the Office of Territorial and International Af- The managers agree to retain the core pol- Committees its decision as to whether or not fairs is abolished along with the Office of As- icy function from the Office of Construction it will direct the USGS to provide for the sistant Secretary for Territorial and Inter- Management in the Office of Policy, Manage- public release of the information. If the BIA national Affairs. The funding provided is for ment and Budget. The balance of the pro- does not allow for the public release of the staff to carry out the Secretary’s mandated grams are transferred to BIA construction. information, the BIA should immediately responsibilities and is to be located under cancel the interagency agreement with the the Assistant Secretary for Policy, Manage- NATIONAL INDIAN GAMING COMMISSION USGS. ment and Budget. This action is consistent Amendment No. 79: Modifies language in- The managers have not agreed to the Sen- with the reorganization already approved by serted by the Senate requiring a report de- ate amendment regarding a prohibition of the Appropriations Committees. tailing information on Indian tribes or tribal the use of funds for travel and training ex- Amendment No. 72: Retains Senate lan- organizations with gaming operations. The penses for the BIA. However, the BIA is ex- guage directing the use of funds for technical modification changes the date the report is pected to follow the guidance detailed in the assistance, maintenance assistance and dis- due to March 1, 1996. The House had no simi- discussion of Amendment No. 163. aster assistance. lar provision. September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9443

OFFICE OF SPECIAL TRUSTEE FOR AMERICAN propriations or authorizing committees. If impacts rights of nontribal owners of land INDIANS the Office of Special Trustee plans to con- within the tribe’s reservation. The House FEDERAL TRUST PROGRAMS tinue funding ITMA in fiscal year 1997, the had no similar provision. Amendment No. 87: Retains language pro- Amendment No. 80: Appropriates $16,338,000 managers expect the Special Trustee to iden- posed by the Senate which requires the De- for Federal trust programs in the Office of tify the funds to be available for ITMA in the partment of the Interior to issue a specific Special Trustee for American Indians and es- fiscal year 1997 budget request. To the extent possible, the managers ex- schedule for the completion of the Lake tablishes this new account as proposed by pect that administrative support services Cushman Land Exchange Act within 30 days the Senate. The House had no similar provi- will continue to be provided by the Bureau of of enactment and to complete the exchange sion. Indian Affairs during fiscal year 1996. To the by September 30, 1996. The House had no The managers agreed to the following extent that resources exist within the Office similar provision. transfers from the Operations of Indian Pro- of Special Trustee for budgeting or other ad- Amendment No. 88: Retains Senate lan- grams account within the Bureau of Indian ministrative services, these activities should guage authorizing the National Park Service Affairs as proposed by the Senate: $3,047,000 be provided by the Office of Special Trustee, to expend funds for maintenance and repair from Other Recurring Programs for financial rather than through the Bureau of Indian Af- of the Company Creek Road in Lake Chelan trust services; $2,367,000 from Area Office Op- fairs. The managers have not included any National Recreation Area and providing erations for financial trust services; and funds for overhead costs, such as GSA rent, that, unless specifically authorized, no funds $10,924,000 from Central Office Operations; in- postage, FTS–2000, PAY/PERS, or workers’ may be used for improving private property. cluding $10,447,000 for the Office of Trust compensation. These costs should be paid The House had no similar provision. Funds Management. from the Operation of Indian Programs ac- Amendment No. 89: Revises language pro- The managers concur with the need for es- count during fiscal year 1996. The fiscal year posed by the Senate to reallocate mandatory tablishing the office as articulated in the 1997 budget should include appropriate over- grant payments of $27,720,000 to the Com- Senate report. The managers believe that head amounts in the Office of the Special monwealth of the Northern Mariana Islands the Special Trustee will be effective in im- Trustee. (CNMI). plementing reforms in the Bureau of Indian The managers agree that for fiscal years ADMINISTRATIVE PROVISIONS Affairs only to the extent that the Trustee 1996 through 2002 the CNMI shall receive has authority over the human and financial Amendment No. 81: Retains language in- $11,000,000 annually. This is consistent with resources supporting trust programs. Lack- serted by the Senate changing the name of total funding, matching requirements, and ing such authority, the Trustee cannot be ‘‘Office of the Secretary’’ to ‘‘Departmental terms negotiated and set forth in the agree- held accountable and the likely result will Management’’. ment executed on December 17, 1992, between be simply one more office pointing out the GENERAL PROVISIONS, DEPARTMENT OF the special representative of the President of shortcomings of the Bureau of Indian Af- THE INTERIOR the United States and the special representa- fairs. Amendment No. 82: Deletes an unnecessary tives of the Governor of the Northern Mari- Furthermore, under the current financial comma as proposed by the Senate. ana Islands. constraints facing the Committees and the Amendment No. 83: Retains the House lan- The managers agree that Guam shall re- various downsizing activities taking place in guage stricken by the Senate granting the ceive impact aid of $4,580,000 in fiscal year the Department, it is essential that the Com- Secretary of the Interior authority to trans- 1996. This funding level shall continue mittees have a clear understanding of the or- fer land acquisition funds between the Bu- through fiscal year 2001, as authorized by the ganizational structure supporting trust pro- reau of Land Management, the U.S. Fish and Compact of Free Association. The managers grams and an assurance that the significant Wildlife Service and the National Park Serv- agree that these grant funds must be used for general reductions proposed to be taken ice. infrastructure needs, as determined by the against the Bureau of Indian Affairs do not Amendment No. 84: Modifies language pro- Government of Guam. impair the Secretary’s ability to manage posed by the House and stricken by the Sen- The managers agree that $7,700,000 shall be trust assets. The managers are aware that ate regarding the expenditure of funds for allocated for capital improvement grants to there may be additional activities that could the Presidio. The managers are aware of leg- American Samoa in fiscal year 1996 and that be transferred to the Office and encourage islation which may be enacted regarding the higher levels of funding may be required in the Special Trustee, the Department, the Bu- future management of the Presidio in Cali- future years to fund the highest priority reau of Indian Affairs, the tribes, and the Of- fornia and have provided a funding limita- projects identified in a master plan. The fice of Management and Budget to work tion in order for the Congress to consider managers have agreed to language directing closely with the appropriations and authoriz- legislation this fall. In light of declining the Secretary to develop such a master plan ing committees to identify the activities and budgets, the managers recognize the need for in conjunction with the Government of related resources to be transferred. an alternative approach for the Presidio that American Samoa. The plan is to be reviewed Any increase in funding or staffing for the does not require additional appropriations by the Army Corps of Engineers before it is Office of Special Trustee should be consid- from the Interior bill. Because the authoriz- submitted to the Congress and is to be up- ered within the context of the fiscal year ing legislation may be enacted early in fiscal dated annually as part of the budget jus- 1997 budget request and with consideration year 1996, the managers have included lan- tification. for funding constraints and the downsizing guage which restricts how much funding can The managers understand that renovation occurring throughout the Department, par- be obligated on a monthly basis for the first of hospital facilities in American Samoa has ticularly within the Bureau of Indian Af- quarter of the fiscal year. However, if legis- been identified as one of the more critical fairs. lation is not enacted, the managers also rec- and high priority needs. The Secretary of the The managers have recommended funding ognize the need for the National Park Serv- Interior and the American Samoa Govern- in a simplified budget structure to allow the ice to be able to fulfill its management and ment are reminded that Congress required Special Trustee some flexibility in establish- resource protection responsibilities at the the creation of a hospital authority as a con- ing the office and the budget structure. Prior Presidio. Thus, the obligation limitation dition to Federal funding of health care fa- to submission of the fiscal year 1997 budget would be lifted on December 31, 1995. cilities. The managers expect the existing request, the managers expect the Special Because of concerns about sufficient re- hospital authority in American Samoa to be Trustee to work with the Committees to es- sources remaining available to address the supported by the American Samoa Govern- tablish an appropriate budget structure for requirements of any authorization regarding ment so that it continues the purpose of im- the Office. the Presidio Trust, the managers expect the proving the quality and management of The managers expect the Special Trustee National Park Service to notify the relevant health care. to provide by December 1, 1996 a detailed op- House and Senate appropriations and author- The managers agree that $4,420,000 shall be erating plan for financial trust services for izing committees before awarding any major allocated in fiscal year 1996 for resettlement fiscal year 1996. The plan should detail what contracts after December 31, 1995, and prior of Rongelap Atoll. Language has been in- specific activities relating to the reconcili- to the establishment of the Presidio Trust cluded that total additional contributions, ation effort will be undertaken, both directly once it is authorized. including funding provided in this bill, may by the Office of Special Trustee and by its Amendment No. 85: Restores language pro- not exceed $32,000,000 and are contingent on contractors. The plan should detail what posed by the House and stricken by the Sen- an agreement that such contributions are a products will be provided to the tribes and ate repealing provisions of the Oil Pollution full and final settlement of all obligations of the Congress and when such products will be Act of 1990 with respect to Outer Continental the United States to assist in the resettle- submitted. The plan should include staffing Shelf leases offshore North Carolina. The re- ment of Rongelap. for financial trust services, including the peal of this statute is not intended to excuse The managers have deleted language provi- number of vacant positions and when the po- the United States from the liabilities, if any, sions proposed by the Senate which would sitions are expected to be filled. it has incurred to date nor to otherwise af- legislate on several matters including mini- Within the funds provided, support should fect pending litigation. mum wage, immigration, and local employ- be provided to the Intertribal Monitoring As- Amendment No. 86: Retains language pro- ment in the Northern Mariana Islands. sociation (ITMA). The managers expect posed by the Senate limiting the allocation The managers agree that the Secretary of ITMA to provide the Special Trustee with of self-governance funds to Indian tribes in the Interior should continue to submit an any information that is provided to the Ap- the State of Washington if a tribe adversely annual ‘‘State of the Islands’’ report. This H 9444 CONGRESSIONAL RECORD — HOUSE September 21, 1995 report has been submitted for the past four INTERNATIONAL FORESTRY managers also note that House Report 103– years in accordance with Committee direc- The managers agree that up to $4,000,000 of 551 specifically allows Forest Service man- tives and is a valuable source of information Forest Service funds may be utilized for pur- agers to use scaling when selling salvage for the Congress. poses previously funded through the Inter- sales or thinnings. The managers expect the TITLE II—RELATED AGENCIES national Forestry Appropriation. Domestic Forest Service to use fully the flexibility au- DEPARTMENT OF AGRICULTURE activities requiring international contacts thorized in House Report 103–551 for rapidly will continue to be funded, as in the past, by deteriorating timber, and to use sample FOREST SERVICE appropriate domestic benefiting program. weight scaling for the sale of low value FOREST RESEARCH The managers reiterate their expectations thinnings. Further, the managers direct the Amendment No. 90: Appropriates that the Service curtail foreign travel ex- Forest Service to undertake a study to iden- $178,000,000 for forest research instead of penditures in light of budget constraints. tify: (1) which measurement method is more $182,000,000 as proposed by the House and Operations formerly funded by Inter- cost efficient; (2) to assess what percent of $177,000,000 as proposed by the Senate. national Forestry or other appropriations, timber theft cases involve scaling irregular- For forestry research, the managers reaf- other than research activities, of the Inter- ities and whether tree measurement discour- firm support for the consolidation of budget national Institute of Tropical Forestry, ages timber theft; (3) which measurement line items, to provide the agency additional Puerto Rico and the Institute of Pacific Is- method is more efficient when environ- flexibility with restructuring, and to allow lands Forestry, Hawaii may continue to be mental modifications are needed after a sale efficiencies and cost savings as required to funded as appropriate. As with other pro- has been awarded; and (4) assess the agency’s meet funding reductions. The managers grams, it may be necessary to reduce funding ability to perform cruising required under agree that no forest and range experiment for these institutes due to budget con- station, research program, or research straints. Research activities will be funded tree measurement. The study will measure project should be held harmless from de- from the Forest Research Appropriation. Forest Service performance based on Forest ceases that would impose disproportionate The managers also expect the Forest Serv- Service Handbook cruise standards, includ- reductions to other research activities. The ice to examine the best means to provide ing identifying how often uncertified em- agency should maintain its focus on core re- leadership in international forestry activi- ployees are involved in cruise efforts. The search activities—including forestry re- ties and meet essential representation and li- Forest Service shall contract with an estab- search—that support initiatives relating aison responsibilities with foreign govern- lished independent contractor skilled in both both to public and private forest lands, and ments and international organizations, and cruising and scaling and report back to the cooperative research efforts involving the agree that the Forest Service should not Committees no later than March 1, 1996. universities as well as the private sector, di- maintain a separate deputy chief for inter- The conference agreement includes $400,000 rected at forest management, resource utili- national forestry. for the development of a plan for preserving zation and productivity. The managers urge NATIONAL FOREST SYSTEM and managing the former Joliet Arsenal the Forest Service to avoid location closures Amendment No. 92: Appropriates property as a National tallgrass prairie. The where research is not conducted elsewhere, $1,256,253,000 for the national forest system managers are aware of legislation to estab- and to consolidate programs that are spread instead of $1,266,688,000 as proposed by the lish the Midewin National Tallgrass Prairie over multiple locations. The managers are House and $1,247,543,000 as proposed by the and urge the Forest Service to take such particularly concerned that silvicultural and Senate. steps as are necessary, including a hardwood utilization research continue given The net decrease below the House consists reprogramming, to begin implementing the the large number of public and private for- of reductions of $5,750,000 for recreation man- ests which rely on this research. legislation when enacted. The managers also agement, $1,750,000 for wilderness manage- urge the Forest Service to seek full funding In addition, the managers note the growing ment, $435,000 for heritage resources, importance of data and other information for the Midewin National Tallgrass Prairie $1,750,000 for wildlife habitat management, as part of its fiscal year 1997 budget request. collected through the Forest Inventory Anal- $1,000,000 for inland fish habitat manage- ysis (FIA) program and the resulting state- ment, $1,750,000 for threatened and endan- The managers are concerned about the wide forest inventories. The analysis and col- gered species habitat management; and in- many programs in the President’s Forest lection of information directed at forest creases of $1,000,000 for road maintenance, Plan designed to provide assistance to tim- health conditions on public and private for- and $1,000,000 for facility maintenance. ber dependent communities in the Pacific est lands has become especially important in The managers expect the land agencies to Northwest. The managers are disturbed by recent years. begin to rebuild and restore the public tim- the inability of the agencies involved to pro- The managers have included $300,000 for ber programs on national forests and BLM vide a detailed accounting of funds appro- landscape management research at the Uni- lands. With the modest increase in funding priated in previous fiscal years for the unem- versity of Washington, $479,000 for Cook provided, the Forest Service is expected to ployed timber worker programs in the Presi- County Ecosystem project, and $200,000 for produce 2.6 billion board feet of green sales. dent’s Forest Plan. research at the Olympic Natural Resources With enactment of the new salvage initiative Center in Forks, WA. The managers expect the Secretary of the (P.L. 104–19) in response to the emergency Interior and the Secretary of Agriculture to STATE AND PRIVATE FORESTRY forest health situation, the agencies are ex- prepare a detailed accounting and report of pected to proceed aggressively to expedite Amendment No. 91: Appropriates the funds appropriated in fiscal year 1995 for the implementation of existing programmed $136,794,000 for State and private forestry as the President’s Forest plan. The report shall salvage volumes, with the expectation that proposed by the Senate but deletes Senate include a careful accounting of appropriated the Forest Service will produce an additional earmarks for cooperative lands fire manage- funding, including: funds appropriated for ment and the stewardship incentives pro- increment of 1.5 BBF over the expected sale timber production; administrative expenses, gram. The House provided $129,551,000 for program for fiscal year 1996. The managers including the number of Federal employees State and private forestry. expect a total fiscal year 1996 Forest Service employed to administer the various aspects The net increase above the House includes sale accomplishment level of 5.6 BBF, and of the President’s plan; funds appropriated increases of $4,500,000 for the stewardship in- note that this is nearly half the level author- centives program, $3,000,000 for forest legacy ized for sale just five years ago. The Forest for the various jobs programs allowed for program, and $5,500,000 for economic action Service is to report timber sale accomplish- under the President’s plan, including but not programs; and reductions of $2,000,000 from ments on the basis of net sawtimber sold and limited to the Jobs in the Woods program; forest health management, $621,000 from co- awarded to purchasers, and on the volume of- the number of individuals employed by these operative lands fire management, $1,636,000 fered. Those regions of the country which programs; and the average length of each for forest stewardship and $1,500,000 for urban sell products other than sawtimber should job. The managers expect the Secretaries to and community forestry. continue to report accomplishments in the submit the report to the Committees no The managers agree to the following dis- same manner as used in the forest plans. The later than March 31, 1996. tribution of funds within economic action reports are also to provide information on The managers are concerned that the For- programs: both green and salvage sales. est Service reallocates funding pursuant to The managers encourage the Forest Serv- Forest products conserva- reprogramming requests before they are ice to use up to $350,000 to commission a transmitted to Congress. The managers di- tion and recovery ...... $1,000,000 third party field review of the environmental Economic recovery ...... 5,000,000 rect the Forest Service to adhere to the impacts and the economic efficiency of the Rural development ...... 4,800,000 reprogramming guidelines, and not reallo- emergency forest salvage program mandated Wood in transportation ..... 1,200,000 cate funds until the Appropriations Commit- by section 2001 of P.L. 104–19. The managers Columbia River Gorge, eco- tees have had an opportunity to review these believe that funding such a review can be ap- nomic grants to counties 2,500,000 proposals. propriately undertaken through the timber The managers agree that $2,880,000 within salvage sale fund. The managers believe that additional op- rural development be allocated to the North- The managers note the difference between portunities exist for contracting Forest east and Midwest, and that no funds are pro- the House and Senate reports pertaining to Service activities, and encourage expanding vided for economic diversification studies. tree measurement and timber scaling. The the use of contractors wherever possible. September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9445

WILDLAND FIRE MANAGEMENT the ‘‘Non-Profit Citizens for the Columbia both the public and employees will be made Amendment No. 93: Changes the account Gorge Discovery Center,’’ and authorizes the more difficult. Requiring the Forest Service title to Wildland Fire Management as pro- conveyance of certain land, as proposed by to absorb increased costs for no increase in posed by the Senate, instead of Fire Protec- the Senate. The House included no similar effectiveness or efficiency is not acceptable. tion and Emergency Suppression as proposed provision. The managers agree that any relocation of by the House. Amendment No. 97: Includes Senate provi- the Atlanta office can occur only pursuant Amendment No. 94: Appropriates sion which authorizes funds appropriated in to the bill language restrictions which re- $385,485,000 for wildland fire management as 1991 for a new research facility at the Uni- quire the advance approval of the authoriz- proposed by the House instead of $381,485,000 versity of Missouri, Columbia, to be avail- ing and appropriations committees. This will as proposed by the Senate. able as a grant for construction of the facil- allow the committees the opportunity to ex- CONSTRUCTION ity, and provides that the Forest Service amine closely the costs and benefits of any shall receive free space in the building. The such proposal, and require the Administra- Amendment No. 95: Appropriates House had no similar provision. tion to justify fully any additional expendi- $163,500,000 for construction, instead of tures. $120,000,000 as proposed by the House and LAND ACQUISITION Amendment No. 98: Appropriates $41,200,000 Amendment No. 102: Includes Senate provi- $186,888,000 as proposed by the Senate. sion which adds the Committee on Energy The increase above the House includes instead of $14,600,000 as proposed by the and Natural Resources to the list of commit- $23,500,000 for facilities, $5,000,000 for road House and $41,167,000 as proposed by the Sen- tees which must approve reorganizations construction, and $15,000,000 for trail con- ate. The $41,200,000 includes $7,500,000 for ac- pursuant to amendment No. 101. The House struction. Within the total for facilities, the quisition management, $2,000,000 for emer- gency and inholding purchases, $1,000,000 for had no similar provision. conference agreement includes $36,000,000 for Amendment No. 103: Includes the Senate wilderness protection, $1,725,000 for cash recreation, $10,000,000 for FA&O, and provision which adds the Committee on Re- equalization of land exchanges, and $2,500,000 for research. sources to the list of committees which must The managers agree to the following ear- $28,975,000 for land purchase. approve reorganizations pursuant to amend- marks within recreation construction: Amendment No. 99: Strikes Senate ear- mark for Mt. Jumbo. ment No. 101. The House had no similar pro- Allegheny NF, rehabilita- Amendment No. 100: Strikes earmark for vision. Amendment No. 104: Modifies Senate provi- tion ...... $150,000 Kane Experimental Forest. Bead Lake, WA, boating The managers expect that any movement sion by deleting the prohibition on changes access ...... 60,000 of acquisition funds from one project to an- to the appropriations structure without ad- Bead Lake, WA, roads ...... 176,000 other regardless of circumstances must fol- vance approval of the Appropriations Com- Columbia River Gorge Dis- low normal reprogramming guidelines. The mittees, and substituting language allowing covery Center, OR, com- managers have deleted all references to spe- the relocation of the Region 5 regional office pletion ...... 2,500,000 to Mare Island in Vallejo, CA, subject to the Cradle of Forestry, NC, cific earmarkings included in the Senate re- port. existing reprogramming guidelines. The utilities ...... 500,000 House had no similar provision. Daniel Boone NF, KY, re- The managers continue to encourage strongly the use of land exchanges as a way The conference agreement includes bill habilitation ...... 660,000 language which provides authority to fi- Gum Springs Recreation in which to protect important recreational or environmentally significant lands, in lieu nance costs associated with the relocation of Area, LA, rehabilitation the Region 5 regional office to excess mili- phase II ...... 400,000 of the Federal Government acquiring lands. The managers believe that land exchanges tary property at Mare Island Naval Shipyard Johnston Ridge Observ- at Vallejo, CA, from any Forest Service ac- atory, WA ...... 500,000 represent a more cost-effective way in which to do business and encourage the Forest count. However, the managers expect a Johnston Ridge Observ- reprogramming request which justifies the atory, WA, roads ...... 550,000 Service to give high priority to those ex- changes either nearing completion, or where relocation and identifies the source of funds Lewis and Clark Interpre- to be used before funds are reallocated for tive Center, MT, comple- land management decisions are made par- ticularly difficult due to checkerboard own- this purpose. The allocation of other regions tion ...... 2,700,000 are not to be reduced in order to finance the Multonmah Falls, OR, ership. The managers are concerned about the move. sewer system ...... 190,000 Amendment No. 105: Retains House lan- Northern Great Lakes Visi- long history of problems associated with the implementation of land acquisition provi- guage stricken by the Senate providing that tor Center, WI ...... 1,965,000 80 percent of the funds for the ‘‘Jobs in the Seneca Rocks, WV visitor sions in the Columbia River Gorge National Woods’’ program for National Forest land in center, completion ...... 1,400,000 Scenic Act. To date, nearly $40 million has the State of Washington be granted to the Timberline Lodge, OR, been spent on land acquisitions in the Gorge, State Department of Fish and Wildlife. The water system improve- and the Forest Service estimates that nearly $20–$30 million in remaining land is left to be Senate had no similar provision. ments and new reservoir 750,000 Amendment No. 106: Deletes House provi- Winding Stair Mountain acquired. The Gorge Act authorizes land ex- sion relating to songbirds on the Shawnee National Recreation and changes in the area, and while several ex- NF. The Senate had no similar provision. Wilderness Area, OK, im- changes have been completed, a substantial Amendment No. 107: Deletes Senate provi- provements ...... 682,000 number of acres remain to be acquired to ful- sion which prohibits revision or implementa- fill the purposes of the Scenic Act. The man- The managers agree that for the Northern tion of a new Tongass Land Management agers strongly support the use of land ex- Great Lakes Visitor Center, WI, funding is Plan. The House had no similar provision. changes versus land acquisitions. The man- provided with the understanding that the Amendment No. 108: Modifies Senate provi- agers understand that the Forest Service has project cost is to be matched 50% by the sion requiring implementation of the the existing statutory authority to conduct State of Wisconsin. Tongass Land Management Plan, Alter- The conference agreement includes land exchanges in the Scenic Area, including native P, during fiscal year 1996, and allows $95,000,000 for roads to be allocated as fol- tripartite land-for-timber exchanges. continuation of the current Tongass Na- The managers encourage the Forest Serv- lows: $57,000,000 for timber roads, $26,000,000 tional Forest land management planning ice to enter into land exchanges, including for recreation roads, and $12,000,000 for gen- process which may replace or modify Alter- tripartite land exchanges, with willing land eral purpose roads. native P. Language is also included relating The managers remain interested in Forest owners in the Gorge to diminish the need for to offering certain timber sales in Alaska, Service plans for restoring Grey Towers, and future acquisitions. and making permanent section 502 of Public are concerned about the cost of the project. ADMINISTRATIVE PROVISIONS, FOREST SERVICE Law 104–19 relating to habitat conservation The managers expect the Forest Service to Amendment No. 101: Retains Senate provi- areas in the Tongass National Forest. The continue the implementation of the master sion which prohibits any reorganization House had no similar provision. plan for Grey Towers and to explore addi- without the consent of the appropriations The managers appreciate the critical need tional partnerships that can help cost-share and authorizing committees and adds a pro- to resolve land and resource management is- required restoration work. The Forest Serv- vision exempting the relocation of the Re- sues relating to the Tongass National Forest ice should work with the Committees to pro- gion 5 regional offices from the requirement in Southeast Alaska and further recognize vide a better understanding of the needs of to obtain the consent of the authorizing and that, to date, the Congress has provided suf- Grey Towers and explore ways to reduce the appropriations committees. The House had ficient guidance and funding for the Forest cost to the Federal government. no similar provision. Service to develop a workable land manage- The managers concur in the The managers are concerned that the For- ment plan. Therefore, the Forest Service is reprogramming request currently pending est Service is being required to move the Re- directed to implement the preferred alter- for Johnston Ridge Observatory and Timber- gional Office in Atlanta, Georgia from its native identified in the Final Environmental line Lodge sewer system. present location to a new Federal Center in Impact Statement dated October 1992 and its Amendment No. 96: Earmarks $2,500,000 and downtown Atlanta at greatly increased companion Record of Decision draft dated unobligated project balances for a grant to costs. At the same time, accessibility for February 1993. The Forest Service may H 9446 CONGRESSIONAL RECORD — HOUSE September 21, 1995 amend that plan to include a signed agree- $1,000,000 less than recommended in the Sen- gram proceed, the Department should focus ment between the Forest Service and the ate bill. The managers expect the Depart- on technologies that relate directly to the Alaska Visitors’ Association, and is directed ment to allocate these funds commensurate objectives of the program. otherwise to proceed with timber sales and with the program distributors in this bill. Amendment No. 111: Deletes language in- other plan features in accordance with this The various program and support functions serted by the Senate requiring that any new plan. The current plan revision process may of the field locators should continue to be project start be substantially cost-shared continue, provided that any proposed revi- funded out of the same line-items as in fiscal with a private entity. The House had no sions shall, to the maximum extent possible, year 1995. similar provision. The managers expect the contain no fewer acres to suitable timber The managers are aware of proposals re- Department to make every effort to increase lands than in the plan selected by this bill garding the future field office structure of the percentage of non-Federal cost-sharing and any revision shall not take effect during the fossil energy program. The managers in its research and development projects. fiscal year 1996. take no position on the specifics of the var- NAVAL PETROLEUM AND OIL SHALE RESERVES Amendment No. 109: Includes Senate provi- ious aspects of the strategic realignment ini- Amendment No. 112: Appropriates sion which prohibits applying paint to rocks tiative at this time as many of the details $149,028,000 for the Naval petroleum and oil or rock colorization. The House includes no are not yet available. The managers expect shale reserves instead of $151,028,000 as pro- similar provision. the Department to comply fully with the posed by the House and $136,028,000 as pro- DEPARTMENT OF ENERGY reprogramming guidelines before proceeding posed by the Senate. with implementation of any reorganization FOSSIL ENERGY RESEARCH AND DEVELOPMENT Amendment No. 113: Repeals the restric- or relocation. The managers are concerned tion on conducting studies with respect to Amendment No. 110: Appropriates about the basis for estimated savings, per- the sale of the Naval petroleum and oil shale $417,169,000 for fossil energy research and de- sonnel impacts, budget changes, transition reserves as proposed by the Senate. The velopment instead of $379,524,000 as proposed plans, and how any proposed integration will House had no similar provision. by the House and $376,181,000 as proposed by address market requirements and utiliza- ENERGY CONSERVATION the Senate. The amendment also provides for tion. the transfer of authority for health and safe- In any proposal to privatize the National Amendment No. 114: Appropriates ty research in mines and the mineral indus- Institute for Petroleum and Energy Research $553,293,000 for energy conservation instead try from the Bureau of Mines (see amend- (NIPER), the Department should seek com- of $556,371,000 as proposed by the House and ment No. 47). Changes to the amount pro- petitively a non-Federal entity to acquire $576,976,000 as proposed by the Senate. posed by the House for coal research include NIPER and to make such investments and Changes to the amount proposed by the an increase of $2,000,000 for Kalina cycle test- changes as may be necessary to enable the House for the buildings program include in- ing and decreases of $1,500,000 in coal prepa- private entity to perform high-value re- creases of $150,000 for the foam insulation ration research, $1,650,000 for HRI proof of search and development services and com- project in the building envelope program, concept testing and $1,000,000 for bench scale pete with other organizations for private and $100,000 for lighting and appliance research in the direct liquefaction program, public sector work. In the interim, to the ex- collaboratives in commercial buildings in $1,000,000 for in house research in the high ef- tent the program level for oil technology al- the building equipment program and ficiency integrated gasification combined lows, the Department is encouraged to main- $1,140,000 for energy efficiency standards for cycle program, $500,000 for filters testing and tain as much of the program at NIPER as Federal buildings in the codes and standards evaluation in the high efficiency pressurized possible. program, and decreases of $400,000 for resi- fluidized bed program, and $300,000 for inter- With respect to the functions of the Bu- dential buildings/building America, $3,000 for national program support and $1,000,000 for reau of Mines which have been transferred to residential efficiency/climate change action university coal research in advanced re- the Department of Energy, the managers ex- plan, and $1,500,000 for partnership America/ search and technology development. Changes pect the Department to continue to identify climate change action plan in building sys- tems; $150,000 as a general reduction to mate- to the amount proposed by the House for oil the resources being allocated for these pur- rials and structures in building envelope; technology research include increases of poses and not to subsume these functions $450,000 as a general reduction to lighting $1,500,000 for a data repository, $250,000 for into other budget line-items within the fossil and $100,000 for appliance technology intro- the gypsy field project and $250,000 for the energy account. The Secretary should main- duction partnerships/climate change action northern midcontinent digital petroleum tain the transferred functions and personnel plan in building equipment; and $3,060,000 as atlas in exploration and supporting research, at their current locations. In fiscal year 1996, a general reduction to the codes and stand- and decreases of $1,000,000 for the National any staffing reductions required to accom- ards program, consistent with the morato- laboratory/industry partnership and modate the funding level provided for health rium on issuing new standards (see amend- $1,000,000 for extraction in exploration and and safety research should be taken from ment No. 157). supporting research, $2,000,000 for the heavy within this activity and should not affect Changes to the amount proposed by the oil/unconsolidated gulf coast project in the any other elements of the fossil energy re- House for the industry program include an recovery field demonstrations program, and search and development organization. Like- increase of $3,000,000 in industrial wastes to $1,000,000 as a general reduction to the proc- wise, any additional or vacant positions maintain the NICE3 program at the fiscal essing research and downstream operations which are required for the health and safety year 1995 level and decreases of $300,000 for program. Changes to the amount proposed by research function should be filled with Bu- combustion in the municipal solid waste pro- the House for natural gas research include reau of Mines employees who are subject to gram, $1,000,000 as a general reduction to the decreases of $440,000 for conversion of natural termination or reduction-in-force. The man- metals initiative in the materials and metals gases to liquid fuels, $130,000 for the inter- agers strongly encourage the Administra- processing program with the expectation national gas technology information center tion, and particularly the Office of Manage- that none of the reduction is to be applied to and $30,000 for low quality gas upgrading in ment and Budget, to work toward consoli- the electrochemical dezincing project, the utilization program and $1,000,000 for the dating these health and safety functions in $200,000 as a general reduction for alternative advanced concepts/tubular solid oxide fuel the same agency with either the Mine Safety feedstocks and $700,000 as a general reduction cell program. Other changes to the House and Health Administration or the National for process development in the other process recommended level include increases of Institute for Occupational Safety and efficiency program, and $2,000,000 for envi- $40,000,000 for health and safety research ($35 Health. ronmental technology partnerships in imple- million) and materials partnerships ($5 mil- The managers do not object to the use of mentation and deployment. lion) which are being transferred from the up to $18,000,000 in clean coal technology pro- Changes to the amount proposed by the Bureau of Mines, $6,295,000 for cooperative gram funds for administration of the clean House for the transportation program in- research and development and $5,000,000 for coal program. The managers are concerned clude increases of $990,000 for metal matrix program direction at the energy technology that a clean coal project was recently composites in vehicle systems materials; centers and a decrease of $4,000,000 for envi- changed without addressing Congressional $200,000 for turbine engine technologies, ronmental restoration. concerns that were raised before and during $200,000 for the ceramic turbine engine dem- The funds provided for cooperative re- the application review period. The managers onstration project, $4,500,000 for automotive search and development include $295,000 for expect the Secretary, to the extent possible, piston technologies, and $612,000 for combus- technical and program management support to ensure that the sulfur dioxide facility tion and emissions research and development and $3,000,000 each for the Western Research which was approved as part of the NOXSO in heat engine technologies; and $16,228,000 Institute and the University of North Dakota clean coal project is constructed so as to for on-board hydrogen proton exchange Energy and Environmental Research Center. begin operation when the elemental sulfur is membrane fuel cells and $2,900,000 for fuel Within the funds provided for WRI and available from the NOXSO process. The man- cell research and development in electric and UNDEERC, the managers agree that a per- agers also expect the Department to report hybrid propulsion development. Decreases centage comparable to the fiscal year 1995 to the legislative committees of jurisdiction from the House include $1,200,000 for fuel rate may be used for the base research pro- as well as the Appropriations Committees in cells/battery materials and $500,000 as a gen- gram, and the balance is to be used for the the House and Senate on the rationale for eral reduction in materials technology; jointly sponsored research program. approving the construction of a sulfur diox- $1,000,000 as a general reduction in vehicle The managers have included an increase of ide plant as part of the NOXSO project. As systems materials; $6,462,000 as a general re- $5,000,000 for program direction, which is the remaining projects in the clean coal pro- duction to light duty engine technologies in September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9447 the heat engine technologies program; and Amendment No. 116: Earmarks $114,196,000 facility cannot be resolved, the managers $500,000 for battery development, $1,000,000 to for the weatherization assistance program will consider reprogramming these funds to terminate the phosphoric acid fuel cell bus instead of $110,946,000 as proposed by the other high priority IHS projects during fiscal program and $15,528,000 as a general reduc- House and $137,446,000 as proposed by the year 1996. tion for fuel cell development in the electric Senate. The Talihina, OK hospital is ranked sixth and hybrid propulsion development program. Amendment No. 117: Earmarks $26,500,000 on the IHS health facilities priority list for Changes to the amount proposed by the for the State energy conservation program inpatient facilities. The Choctaw Nation has House for the technical and financial assist- as proposed by the House instead of developed a financing plan for a replacement ance program include an increase of $31,500,000 as proposed by the Senate. facility. The Choctaw Nation proposes var- $3,250,000 for the weatherization assistance ECONOMIC REGULATION ious funding sources to support its project for a community based hospital. The man- program and a decrease of $295,000 for the in- Amendment No. 118: Appropriates $6,297,000 agers direct IHS to work with the Choctaw ventions and innovations program. for economic regulation as proposed by the Nation to identify resources necessary to The managers have agreed to the Senate House instead of $8,038,000 as proposed by the staff, equip, and operate the newly con- bill language restricting the issuance of new Senate. structed facility. The managers will consider or amended standards in the codes and The managers agree that the Office of these operational needs in the context of standards program (see amendment Nos. 156 Hearings and Appeals should receive reim- current budget constraints. and 157). bursement for work other than petroleum The managers agree that: The managers have not agreed to provi- overcharge cases and related activities as sions in the Senate bill requiring the IHS to 1. The Department should aggressively recommended by the House. pursue increased sharing; prepare reports on the distribution of Indian ENERGY INFORMATION ADMINISTRATION 2. Projects that prove to be uneconomical Health Service professionals and on HIV– or fail to produce results should be termi- Amendment No. 119: Appropriates AIDS prevention needs among Indian tribes. nated; $72,266,000 for the Energy Information Ad- While the managers agree that closer exam- 3. The fiscal year 1997 budget should con- ministration instead of $79,766,000 as pro- ination of these topics may be warranted, tinue the trend of program downsizing with posed by the House and $64,766,000 as pro- the resources necessary to conduct adequate the focus on completing existing commit- posed by the Senate. The managers expect studies are not available at this time. ments; the reduction to be applied largely to EIA’s DEPARTMENT OF EDUCATION 4. Ongoing programs should not be grouped forecasting efforts. OFFICE OF ELEMENTARY AND SECONDARY under the umbrella of large initiatives and DEPARTMENT OF HEALTH AND HUMAN EDUCATION described as new programs in the budget; SERVICES INDIAN EDUCATION 5. There should be no new program starts INDIAN HEALTH SERVICE Amendment No. 123: Appropriates without compelling justification and identi- INDIAN HEALTH SERVICES $52,500,000 as proposed by the House instead fied funding offsets; Amendment No. 120: Appropriates of $54,660,000 as proposed by the Senate. 6. The home energy rating system pilot The managers agree that no funding is pro- $1,722,842,000 for Indian health services in- program should be continued with the exist- vided for the National Advisory Council on stead of $1,725,792,000 as proposed by the ing pilot States; within the funds available Indian Education. House and $1,815,373,000 as proposed by the for HERS, the managers expect the Depart- OTHER RELATED AGENCIES ment to work with Mississippi and other Senate. Changes to the amount proposed by OFFICE OF NAVAJO AND HOPI INDIAN non-pilot program States on the States’ the House include increases of $1,500,000 for RELOCATION home energy rating systems; collections and billings, $750,000 for epidemi- 7. There is no objection to continuing the ology centers, $200,000 for the Indians into SALARIES AND EXPENSES student vehicle competition in the transpor- Psychology program, and decreases of Amendment No. 124: Appropriates tation program at the current year funding $2,000,000 for Indian health professionals, $20,345,000 for the Office of Navajo and Hopi level; $3,000,000 for tribal managment, and a Indian Relocation as proposed by the Senate 8. The Department should work with the $400,000 transfer from hospitals and clinics to instead of $21,345,000 as proposed by the States to determine what other programs facilities and environmental health support. House. should be included in a block grant type pro- Amendment No. 121: Earmarks $350,564,000 SMITHSONIAN INSTITUTION for contract medical care as proposed by the gram along with the consolidated State en- SALARIES AND EXPENSES Senate instead of $351,258,000 as proposed by ergy conservation program/institutional con- Amendment No. 125: Appropriates servation program; the House. The managers agree that the Indian Self $308,188,000 for Salaries and Expenses instead 9. There is no objection to continuing the of $309,471,000 as proposed by the House and interagency agreement with the Department Determination Fund is to be used only for new and expanded contracts and that this $307,988,000 as proposed by the Senate. of Housing and Urban Development for pub- The $200,000 increase is provided for the fund may be used for self-governance com- lic assisted housing and other low-income Center for folklife programs specifically for pacts only to the extent that a compact as- initiatives to the extent that HUD reim- the 1996 Festival of American Folklife fea- sumes new or additional responsibilities that burses the Department for this work; turing the State of Iowa. This amount is pro- had been performed by the IHS. 10. The Office of Industrial Technologies vided in addition to the $400,000 base funding. The managers agree that the fetal alcohol may procure capital equipment using operat- The State of Iowa will contribute $250,000 to- syndrome project at the University of Wash- ing funds, subject to the existing ward this effort. ington should be funded at the fiscal year reprogramming guidelines; Amendment No. 126: Earmarks $30,472,000 1995 level. 11. The Department should work with the as proposed by the Senate instead of The managers are concerned about the ade- Office of Management and Budget and the $32,000,000 proposed by the House for the in- quacy of health care services available to the General Services Administration to ensure strumentation program, collections acquisi- Utah Navajo population, and urge IHS to that agencies fund energy efficiency im- tion and various other programs. work with the local health care community provements in Federal buildings; to ensure that the health care needs of the CONSTRUCTION AND IMPROVEMENTS, NATIONAL 12. The Department should increase private Utah Navajos are being met. IHS should ZOOLOGICAL PARK sector investment through energy savings carefully consider those needs in designing a Amendment No. 127: Appropriates $3,250,000 performance contracts in the Federal energy replacement facility for the Montezuma for zoo construction as proposed by the Sen- management program and should develop Creek health center. ate instead of $3,000,000 as proposed by the mechanisms to be reimbursed for these ef- House. The increase is limited to repairs and INDIAN HEALTH FACILITIES forts; rehabilitation and is not to be used for new 13. The Department should submit a new Amendment No. 122: Appropriates exhibits of expansions. five year program plan for the transpor- $238,958,000 for Indian health facilities in- REPAIR AND RESTORATION OF BUILDINGS tation program in light of current funding stead of $236,975,000 as proposed by the House constraints; and and $151,227,000 as proposed by the Senate. Amendment No. 128: Appropriates 14. There are no specific restrictions on the Changes to the amount proposed by the $33,954,000 for repair and restoration of build- number of contracts to be let for the long House include increases of $750,000 of the ings as proposed by the Senate instead of term battery development effort or activi- Alaska medical center, $1,000,000 for modular $24,954,000 as proposed by the House. ties within the electric and hybrid vehicle dental units, $500,000 for injury prevention, CONSTRUCTION program. Given the level of funding pro- $400,000 for a base transfer from hospitals Amendment No. 129: Appropriates vided, the Department should examine care- and clinics, and a decrease of $667,000 for the $27,700,000 for Construction as proposed by fully its options in these areas in close co- Fort Yuma, AZ project. the Senate instead of $12,950,000 as proposed ordination with its industry cooperators. The managers agree to delay any by the House. The managers agree that Amendment No. 115: Earmarks $140,696,000 reprogramming of funds from the Winnebago $15,000,000 is included for the National Mu- for State energy grant programs instead of and Omaha Tribes’ health care facility. How- seum of the American Indian Cultural Re- $148,946,000 as proposed by the House and ever, given current budget constraints, if is- source Center; $8,700,000 is included to com- $168,946,000 as proposed by the Senate. sues relative to the siting and design of the plete the construction and equipping of the H 9448 CONGRESSIONAL RECORD — HOUSE September 21, 1995

Natural History East Court Building and NATIONAL FOUNDATION ON THE ARTS AND THE FRANKLIN DELANO ROOSEVELT MEMORIAL $3,000,000 is for minor construction, alter- HUMANITIES COMMISSION ations and modifications. NATIONAL ENDOWMENT FOR THE ARTS SALARIES AND EXPENSES The managers are providing $1,000,000 to be GRANTS AND ADMINISTRATION Amendment No. 144: Appropriates $147,000 used to complete a proposed master plan and Amendment No. 136: Appropriates as proposed by the Senate instead of $48,000 initiate detailed planning and design to $82,259,000 for grants and administration as as proposed by the House. allow for the development of a proposed fi- proposed by the House instead of $88,765,000 PENNSYLVANIA AVENUE DEVELOPMENT nancial plan for the proposed extension at as proposed by the Senate. CORPORATION Dulles Airport for the Air and Space Mu- Amendment No. 137: Deletes House lan- seum. The managers expect that the finan- SALARIES AND EXPENSES guage making NEA funding contingent upon cial plan shall specify, in detail, the phasing Amendment No. 145: Appropriates no funds passage of a House reauthorization bill. The of the project and commitments by the Com- as proposed by the Senate instead of Senate had no similar provision. $2,000,000 as proposed by the House. monwealth of Virginia and the Smithsonian The managers on the part of the House toward construction and operation of the fa- continue to support termination of NEA PUBLIC DEVELOPMENT cility. within two years, and do not support funding Amendment No. 146: Modifies language The managers agree that no Federal funds, beyond FY 1997. The managers on the part of proposed by the Senate allowing the use of beyond the costs of planning and design, will the Senate take strong exception to the prior year funding for operating and admin- be available for the construction phase of House position, and support continued fund- istrative expenses. The modification allows this project. ing for NEA. The managers expect this issue the use of prior year funding for shutdown The managers have provided $15,000,000 for to be resolved by the legislative committees costs in addition to operating costs. In addi- the continued construction of the National in the House and Senate. tion, prior year funds may be used to fund Museum of the American Indian Cultural Re- MATCHING GRANTS activities associated with the functions source Center in Suitland, Maryland. This transferred to the General Services Adminis- Amendment No. 138: Appropriates amount will bring the Federal contribution tration. The House had no similar provision. $17,235,000 for matching grants as proposed to date for this project to $40,900,000. The The managers agree that not more than by the House instead of $21,235,000 as pro- managers have agreed that no additional $3,000,000 in prior year funds can be used for posed by the Senate. Federal funds will be appropriated for this operating, administrative expenses, and Amendment No. 139: Deletes House lan- project. shutdown costs for the Pennsylvania Avenue guage making funding for NEA contingent The managers also strongly encourage the Development Corporation. The managers di- upon passage of a House reauthorization bill. Smithsonian to develop alternative cost sce- rect that the orderly shutdown of the Cor- narios for the proposed National Museum of NATIONAL ENDOWMENT FOR THE HUMANITIES poration be accomplished within six months the American Indian Mall Museum including GRANTS AND ADMINISTRATION from the date of enactment of this Act. No downsizing of the building and decreasing Amendment No. 140: Appropriates staff should be maintained beyond April 1, the amount of Federal funding. $94,000,000 for grants and administration as 1996. The managers agree that Pennsylvania Amendment No. 130: The managers agree proposed by the Senate instead of $82,469,000 Avenue Development Corporation staff asso- to concur with the Senate amendment which as proposed by the House. ciated with the Federal Triangle project strikes the House provision permitting a sin- The managers on the part of the House should be transferred to the General Services gle procurement for construction of the continue to support a phase out of NEH with- Administration, and provision for the trans- American Indian Cultural Resources Center. in three years, and do not support funding fer has been included in the Treasury-Postal The managers understand that authority beyond FY 1998. The managers on the part of Services Appropriations bill. provided previously for such purposes is suf- the Senate take strong exception to the UNITED STATES HOLOCAUST MEMORIAL ficient. House position, and support continued fund- COUNCIL ing for NEH. The managers expect this issue NATIONAL GALLERY OF ART HOLOCAUST MEMORIAL COUNCIL to be resolved by the legislative committees SALARIES AND EXPENSES in the House and Senate. Amendment No. 147: Appropriates Amendment No. 131: Appropriates $28,707,000 for the Holocaust Memorial Coun- MATCHING GRANTS cil as proposed by the House instead of $51,844,000 for salaries and expenses as pro- Amendment No. 141: Appropriates posed by the Senate instead of $51,315,000 as $26,609,000 as proposed by the Senate. $16,000,000 for matching grants as proposed Amendment No. 148: Restores language proposed by the House. by the Senate instead of $17,025,000 as pro- proposed by the House and stricken by the REPAIR, RESTORATION AND RENOVATION OF posed by the House. Senate providing that $1,264,000 for the Muse- BUILDINGS Amendment No. 142: Earmarks $10,000,000 um’s exhibition program shall remain avail- Amendment No. 132: Appropriates $6,442,000 for challenge grants as proposed by the Sen- able until expended. ate instead of $9,180,000 as proposed by the for repair, restoration and renovation of TITLE III—GENERAL PROVISIONS House. buildings instead of $5,500,000 as proposed by Amendment No. 149: Retains Senate provi- ADVISORY COUNCIL ON HISTORIC the House and $7,385,000 as proposed by the sion making a technical correction to Public PRESERVATION Senate. Law 103–413. JOHN F. KENNEDY CENTER FOR THE SALARIES AND EXPENSES Amendment No. 150: Includes Senate provi- PERFORMING ARTS Amendment No. 143: Appropriates $2,500,000 sion that any funds used for the Americorps for salaries and expenses as proposed by the program are subject to the reprogramming OPERATIONS AND MAINTENANCE Senate instead of $3,063,000 as proposed by guidelines, and can only be used if the Amendment No. 133: Appropriates the House. Americorps program is funded in the VA– $10,323,000 for operations and maintenance as While the Advisory Council works closely HUD and Independent Agencies fiscal year proposed by the Senate, instead of $9,800,000 with Federal agencies and departments, the 1996 appropriations bill. The House prohib- as proposed by the House. National Park Service and State historic ited the use of any funds for the Americorps Amendment No. 134: Includes Senate provi- preservation officers, it does not have re- program. sion which amends 40 U.S.C. 193n to provide sponsibility for designating historic prop- Since the Northwest Service Academy the Kennedy Center with the same police au- erties, providing financial assistance, over- (NWSA) is funded through fiscal year 1996, thority as the Smithsonian Institution and riding other Federal agencies, decisions, or the managers agree that the agencies are not the National Gallery of Art. The House had controlling actions taken by property own- prohibited from granting the NWSA a special no similar provision. ers. use permit, from using the NWSA to accom- WOODROW WILSON INTERNATIONAL CENTER FOR The managers encourage those Federal plish projects on agency-managed lands or in SCHOLARS agencies and departments which benefit furtherance of the agencies’ missions, or from the Advisory Council’s expert advice to from paying the NWSA a reasonable fee-for- SALARIES AND EXPENSES assist in covering these costs. The managers service for projects. Amendment No. 135: Appropriates $5,840,000 are concerned that some Advisory Council Amendment No. 151: Modifies House lan- for the Woodrow Wilson International Center activities may duplicate those conducted by guage stricken by the Senate transferring for Scholars instead of $5,140,100 as proposed other preservation agencies. Therefore, the certain responsibilities from the Pennsylva- by the House and $6,537,000 as proposed by managers direct the Advisory Council to nia Avenue Development Corporation to the the Senate. evaluate ways to recover the costs of assist- General Services Administration, National The managers continue to have serious ing Federal agencies and departments Capital Planning Commission, and the Na- concerns about the total costs associated through reimbursable agreements and to ex- tional Park Service. The modification trans- with the proposed move to the Federal Tri- amine its program activities to identify fers all unobligated and unexpended balances angle building. Until such time as both the ways to eliminate any duplication with to the General Services Administration. The House and Senate Appropriations Commit- other agencies. The Advisory Council shall Senate has no similar provision. tees’ concerns are satisfactorily addressed, report its findings to the Congress by March Amendment No. 152: Modifies House and no funds may be used for this purpose. 31, 1996. Senate provisions relating to the Interior September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9449 Columbia River Basin ecoregion manage- ager to prepare and adopt an amendment to (plus 4% annually) are to be used for the ben- ment project (the Project). The House and meet the conditions of the individual forest. efit of the collection site or on an agency- Senate contained different language on the In an effort to increase the local participa- wide basis. The other fees collected will be subject, but both versions were clear in their tion in the plan amendment process, the dis- treated like they are at non-demonstration position that the Project has grown too trict manager or forest supervisor is directed sites, except funds withheld to cover fee col- large, and too costly to sustain in a time of to consult with the governor, and affected lection costs for agencies other than the shrinking budgets. In addition, the massive county commissioners and tribal govern- Fish and Wildlife Service will remain avail- nature of the undertaking, and the broad ge- ments in the affected area. able beyond the fiscal year in which they are ographic scope of the decisions to be made as Plan amendments should be site specific, collected. part of a single project has raised concerns in lieu of imposing general standards appli- (6) For those Fish and Wildlife Service about potential vulnerability to litigation cable to multiple sites. If an amendment demonstrations where fees were collected in and court injunctions with a regionwide im- would result in a major change in land use fiscal year 1995, the fees collected, up to the pact. The language included in the con- allocations within the forest plan, such an 1995 level (plus 4% annually), are disbursed ference report reflects a compromise be- amendment shall be deemed a significant as they were in 1995. tween the two versions. change, and therefore requiring a significant (7) The agencies have been provided more Subsection (b) appropriates $4,000,000 for plan amendment or equivalent. latitude in selecting demonstration sites, the completion of an assessment on the Na- Subsection (c)(5) strictly limits the basis areas or projects. These demonstrations may tional forest system lands and lands admin- for individual plan amendments in a fashion include an entire administrative unit, such istered by the BLM within the area encom- that the managers intend to be exclusive. as a national park or national wildlife refuge passed by the Project, and to publish two Language has been included to stop dupli- where division into smaller units would be draft Environmental Impact Statements on cation of environmental requirements. Sub- difficult to administer or where fee collec- the Project. The Forest Service and BLM section (c)(6)(A) states that any policy tions would adversely affect visitor use pat- should rely heavily on the eastside forest adopted in an amendment that modifies, or terns. ecosystem health assessment in the develop- is an alternative policy, to the general poli- (8) The Secretaries are directed to select ment of the assessment and DEIS’s, in par- cies laid out in the DEIS’s and assessment and design the demonstration projects in a ticular, volume II and IV provide a signifi- document that has already undergone con- manner which will provide optimum oppor- cant amount of the direction necessary for sultation or conferencing under section 7 of tunities to evaluate the broad spectrum of the development of an ecosystem manage- the ESA, shall not again be subject to such resource conditions and recreational oppor- ment plan. This document has already been provisions. If a policy has not undergone tunities on Federal lands, including facility, peer reviewed and widely distributed to the consultation or conferencing under section 7 interpretation, and fish and wildlife habitat public. Therefore, the collaborative efforts of the ESA, or if an amendment addresses enhancement projects that enhance the visi- by many scientists can be recognized. other matters, however, then that amend- tor experience. The two separate DEIS’s would cover the ment shall be subject to section 7. (9) Vendors may charge a reasonable mark- project region of eastern Washington and Or- Amendments which modify or are an alter- up or commission to cover their costs and egon, and the project region of Montana and native policy are required to be adopted be- provide a profit. Idaho, and other affected States. The lan- fore July 31, 1996. An amendment that is (10) Each Secretary shall provide the Con- guage also directs project officials to submit deemed significant, shall be adopted on or gress a brief report describing the selected the assessment and two DEIS’s to the appro- before December 31, 1996. The policies of the sites and fee recovery methods to be used by priate House and Senate committees for Project shall no longer be in effect on a for- March 31, 1996, and a report which evaluates their review. The DEIS’s are not decisional est on or after December 31, 1996, or after an the pilot demonstrations, including rec- and not subject to judicial review. The man- amendment to the plan that applies to that ommendations for further legislation, by agers have included this language based upon forest is adopted, whichever comes first. March 31, 1999. The reports to Congress are concern that the publication of DEIS’s of The managers have included language spe- to include a discussion of the different sites this magnitude would present the oppor- cific to the Clearwater National Forest, as it selected and how they represent the geo- tunity for an injunction that would shut relates to the provisions of this section. The graphical and programmatic spectrum of down all multiple use activities in the re- managers have also included language to recreational sites and habitats managed by gion. clarify that the documents prepared under the agencies. The diversity of fee collection The assessment shall contain a range of al- this section shall not apply to, or be used to methods and fair market valuation methods ternatives without the identification of a regulate non-Federal lands. should also be explained. preferred alternative or management rec- Amendment No. 153: Includes a modified (11) In order to maximize funding for start- ommendation. The assessment will also pro- version of provisions included by both the up costs, agencies are encouraged to use ex- vide a methodology for conducting any cu- House and Senate relating to a recreational isting authority in developing innovative mulative effects analysis required by section fee demonstration program. This pilot pro- implementation strategies, including cooper- 102(2) of NEPA, in the preparation of each gram provides for testing a variety of fee col- ative efforts between agencies and local gov- amendment to a resource management plan. lection methods designed to improve our ernments. The assessment shall also include the sci- public lands by allowing 80 per cent of fees (12) Although the managers have not in- entific information and analysis conducted generated to stay with the parks, forests, cluded the Senate amendment language re- by the Project on forest and rangeland refuges and public lands where the fees are garding geographical discrimination on fees, health conditions, among other consider- collected. There is a tremendous backlog of the managers agree that entrance, tourism, ations, and the implications of the manage- operational and maintenance needs that and recreational fees should reflect the cir- ment of these conditions. Further, the as- have gone unmet, while at the same time cumstances and conditions of the various sessment and DEIS’s shall not be subject to visits by the American public continue to States and regions of the country. In setting consultation or conferencing under section 7 rise. The public is better served and more fees, consideration should be given to fees of the Endangered Species Act, nor be ac- willing to pay reasonable user fees if they charged on comparable sites in other parts of companied by any record of decision required are assured that the fees are being used to the region or country. The four agencies are under NEPA. manage and enhance the sites where the fees encouraged to cooperate fully in providing Subsection (c) states the objective of the are collected. additional data on tourism, recreational use, managers that the district manager of the Most of the provisions of the Senate or rates which may be required by Congress Bureau of Land Management or the forest amendment are incorporated into the in addressing the fee issue. supervisor of the Forest Service use the amendment agreed to by the managers, (13) The managers request that the General DEIS’s as an information base for the devel- which provides for the following: Accounting Office conduct a study and re- opment of individual plan amendments to (1) The maximum number of demonstra- port to the Appropriations Committees by their respective forest plan. The managers tion sites per agency is extended from 30 to July 31, 1996 on the methodology and believe that the local officials will do the 50. progress made by the Secretaries to imple- best job in preparing plan amendments that (2) The time period for the demonstration ment this section. will achieve the greatest degree of balance is extended from one year to three years and Amendment No. 154: Deletes House lan- between multiple use activities and environ- these funds remain available for three years guage relating to salvage timber sales in the mental protection. after the demonstration period ends. Pacific Northwest, and substitutes language Upon the date of enactment, the land man- (3) Agencies may impose a fine of up to $100 which makes a technical correction to the agers are required to review their resource for violation of the authority to collect fees emergency salvage timber program, Sec. management plan for their forest, together established by this program. 2001(a)(2) of Public law 104–19 that changes with a review of the assessment and DEIS’s, (4) The more simplified accounting proce- the ending date of the emergency period to and based on that review, develop or modify dures proposed by the Senate are adopted, December 31, 1996. This correction is nec- the policies laid out in the DEIS or assess- such that fewer Treasury accounts need to essary to conform to the expiration date in ment to meet the specific conditions of their be established than proposed by the House. Sec. 2001(j). The Senate included no similar forest. (5) In those cases where demonstrations provision. Based upon this review, subsection (c)(2) had fee collections in place before this provi- Amendment No. 155: Retains House lan- directs the forest supervisor or district man- sion, fees above the amounts collected in 1995 guage stricken by the Senate prohibiting the H 9450 CONGRESSIONAL RECORD — HOUSE September 21, 1995 use of funds for the Mississippi River Cor- Amendment No. 165: Includes Senate provi- The managers emphasize that any item for ridor Heritage Commission. sion which delays implementation or en- which a specific dollar amount is mentioned Amendment No. 156: Deletes House lan- forcement of the Administration’s rangeland in an accompanying report, including all guage stricken by the Senate placing a mor- reform program until November 21, 1995. The changes to the budget estimate approved by atorium on the issuance of new or amended House had no similar provision. the Committees, shall be subject to a per- standards and reducing the codes and stand- Amendment No. 166: Strikes Senate sec- centage reduction no greater or less than the ards program in the Department of Energy tion 331 pertaining to submission of land ac- percentage reduction applied to all domestic by $12,799,000 and inserts language regarding quisition projects by priority ranking. Prior- discretionary accounts. grazing at Great Basin National Park. The ities should continue to be identified in the CONFERENCE TOTAL—WITH COMPARISONS codes and standards issue to discussed under budget request and justifications. The total new budget (obligational) au- the energy conservation portion of this Amendment No. 167: Includes Senate provi- thority for the fiscal year 1996 recommended statement. sion that makes three changes to existing by the Committee of Conference, with com- Amendment No. 157: Deletes language pro- law relating to tree spiking. Costs incurred parisons to the fiscal year 1995 amount, the posed by the House and stricken by the Sen- by Federal agencies, businesses and individ- 1996 budget estimates, and the House and ate and retains Senate alternative language uals to detect, prevent and avoid damage and Senate bills for 1996 follow: providing for a one-year moratorium on new injury from tree spiking, real or threatened, or amended standards by the Department of may be included as ‘‘avoidance costs’’ in New budget (obligational) Energy. This issue is discussed under the en- meeting the threshold of $10,000 required for authority, fiscal year ergy conservation portion of this statement. prosecution. The language doubles the dis- 1995 ...... $13,519,230,000 Amendment No. 158: Strikes House lan- cretionary maximum penalties for prison Budget estimates of new guage on mining patent moratorium and re- terms to 40 years for incidents resulting in (obligational) authority, tains Senate language providing for fair mar- the most severe personal injury. Those in- fiscal year 1996 ...... 13,817,404,000 ket value for mineral patents exclusive of, jured would have recourse to file civil suits House bill, fiscal year 1996 . 11,984,603,000 and without regard to, the mineral deposits to recover damages under this law. The Senate bill, fiscal year 1996 12,053,099,000 in the land or the use of the land instead of House had no similar provision. Conference agreement, fis- the House language which placed a morato- Amendment No. 168: Modifies Senate lan- cal year 1996 ...... 12,114,878,000 rium on accepting or processing mine patent guage restricting grants that denigrate ad- Conference agreement applications. The language also includes herents to a particular religion. The modi- compared with: right of reentry by the United States if the fication specifies that this restriction ap- New budget patent is used for any purpose other than plies to NEA. The House had no similar pro- (obligational) author- mining, requires the Department of the Inte- vision. ity, fiscal year 1995 ... ¥1,404,352,000 rior to expedite processing of the backlog of Amendment No. 169: Retains Senate lan- Budget estimates of pending patent applications, and requires the guage restricting NEA grants for sexually new (obligational) use of a third-party mineral examiner upon explicit material. The House had no similar authority, fiscal year the request of a patent applicant. provision. 1996 ...... ¥1,702,526,000 Amendment No. 159: Includes the Senate Amendment No. 170: Deletes language in- House bill, fiscal year provision which prohibits funding for the Of- serted by the Senate extending the scope of 1996 ...... +130,275,000 fice of Forestry and Economic Development the Arts and Artifacts Indemnity Act. The Senate bill, fiscal year after December 31, 1995. The House had no House had no similar provision. The amend- 1996 ...... +61,779,000 similar provision. ment also inserts language providing that RALPH REGULA Amendment No. 160: Retains language in- former Bureau of Mines activities, which are (except amendment serted by the Senate prohibiting redefinition being transferred to other accounts, are paid 35), of the marbled murrelet nesting area or for from those accounts for all of fiscal year JOSEPH M. MCDADE, modification to the protocol for surveying 1996. JIM KOLBE, marbled murrelets. The House had no similar Amendment No. 171: Deletes language in- JOE SKEEN, provision. serted by the Senate mandating energy sav- BARBARA F. VUCANOVICH, Amendment No. 161: Retains language in- ings at Federal facilities. The House had no CHARLES H. TAYLOR, serted by the Senate authorizing the Sec- similar provision. GEORGE R. NETHERCUTT, retary of the Interior to exchange land in Amendment No. 172: Deletes Senate Jr., Washington State with the Boise Cascade amendment requiring the Indian Health JIM BUNN, Corporation. The House had no similar provi- Service to prepare a report on the distribu- BOB LIVINGSTON, sion. tion of Indian Health Service professionals. NORMAN D. DICKS, Amendment No. 162: Includes Senate provi- The House had no similar provision. Managers on the Part of the House. sion which creates a new Timber Sales Pipe- Amendment No. 173: Deletes Senate SLADE GORTON, line Restoration Fund at the Departments of amendment requiring the Indian Health TED STEVENS, the Interior and Agriculture to partially fi- Service to prepare a report on HIV–AIDS THAD COCHRAN, nance the preparation of timber sales from prevention needs among Indian tribes. The PETE V. DOMENICI, the revenues generated from the section 318 House had no similar provision. MARK HATFIELD, timber sales that are released under section CONRAD BURNS, 2001(k) of Public Law 104–19. The House in- APPLICATION OF GENERAL REDUCTIONS ROBERT F. BENNETT, cluded no similar provision. The level at which reductions shall be Amendment No. 163: Deletes language pro- taken pursuant to the Deficit Reduction Act CONNIE MACK, posed by the Senate which would prohibit of 1985, if such reductions are required in fis- ROBERT BYRD, use of funds for travel and training expenses cal year 1996, is defined by the managers as J. BENNETT JOHNSTON, for the Bureau of Indian Affairs or the Office follows: PATRICK LEAHY of Indian Education for education con- As provided for by section 256(1)(2) of Pub- (except amendment ferences or training activities. lic Law 99–177, as amended, and for the pur- 136, 138, 168, and The managers expect the Bureau of Indian poses of a Presidential Order issued pursuant 169), Affairs and the Office of Indian Education to to section 254 of said Act, the term ‘‘pro- Managers on the Part of the Senate. monitor carefully the funds used for travel gram, project, and activity’’ for items under f and training activities. The managers are the jurisdiction of the Appropriations Sub- concerned about the cost of travel and train- committees on the Department of the Inte- 1994 CALENDAR YEAR REPORTS ing associated with national conferences at- rior and Related Agencies of the House of FROM THE DEPARTMENT OF tended by school board members or staff of Representatives and the Senate is defined as TRANSPORTATION—MESSAGE schools funded by the Bureau of Indian Af- (1) any item specifically identified in tables FROM THE PRESIDENT OF THE fairs. Because of the funding constraints or written material set forth in the Interior UNITED STATES faced by the Bureau, the managers expect and Related Agencies Appropriations Act, or that priority will be given to funding those accompanying committee reports or the con- The SPEAKER pro tempore laid be- activities which directly support accredita- ference report and accompanying joint ex- fore the House the following message tion of Bureau funded schools and covering planatory statement of the managers of the from the President of the United costs associated with increased enrollment. committee of conference; (2) any Govern- States; which was read and, without Amendment No. 164: Retains language in- ment-owned or Government-operated facil- objection, together with the accom- serted by the Senate prohibiting the award ity; and (3) management units, such as na- panying papers, referred to the Com- of grants to individuals by the National En- tional parks, national forests, fish hatch- dowment for the Arts except for literature eries, wildlife refuges, research units, re- mittee on Transportation and Infra- fellowships, National Heritage fellowships gional, State and other administrative units structure and the Committee on Com- and American Jazz Masters fellowships. The and the like, for which funds are provided in merce: House had no similar provision. fiscal year 1996. To the Congress of the United States: September 21, 1995 CONGRESSIONAL RECORD — HOUSE H 9451

I transmit herewith the 1994 calendar Mrs. MORELLA. REPORTS OF COMMITTEES ON year reports as prepared by the Depart- Mr. GANSKE. PUBLIC BILLS AND RESOLUTIONS ment of Transportation on activities Mr. PASTOR. Under clause 2 of rule XIII, reports of under the Highway Safety Act, the Na- Mr. GILMAN. committees were delivered to the Clerk tional Traffic and Motor Vehicle Safe- Mr. BALLENGER. for printing and reference to the proper ty Act of 1966, and the Motor Vehicle Mr. COOLEY. calendar, as follows: Information and Cost Savings Act of f Mr. GEKAS: Committee on the Judiciary. 1972, as amended. H.R. 2277. A bill to abolish the Legal Services WILLIAM J. CLINTON. SENATE JOINT RESOLUTION Corporation and provide the States with THE WHITE HOUSE, September 21, 1995. REFERRED money to fund qualified legal services; with an amendment (Rept. 104–255). Referred to f A joint resolution of the Senate of the Committee of the Whole House on the the following title was taken from the SPECIAL ORDERS GRANTED State of the Union. Speaker’s table and, under the rule, re- Mrs. WALDHOLTZ: Committee on Rules. By unanimous consent, permission to ferred as follows: House Resolution 226. Resolution providing address the House, following the legis- S.J. Res. 20. Joint resolution granting the for the consideration of the bill (H.R. 743) to lative program and any special orders consent of Congress to the compact to pro- amend the National Labor Relations Act to heretofore entered, was granted to: vide for joint natural resource management allow labor management cooperative efforts (The following Members (at the re- and enforcement of laws and regulations per- that improve economic competitiveness in taining to natural resources and boating at the United States to continue to thrive, and quest of Mr. DOGGETT) to revise and ex- for other purposes (Rept. 104–256). Referred tend their remarks and include extra- the Jennings Randolph Lake Project lying in Garrett County, Maryland and Mineral to the House Calendar. neous material:) County, West Virginia, entered into between Mr. DREIER: Committee on Rules. House Mr. GIBBONS, for 5 minutes, today. the States of West Virginia and Maryland; to Resolution 227. Resolution providing for the Mrs. SCHROEDER, for 5 minutes, the Committee on the Judiciary. consideration of the bill (H.R. 1170) to pro- today. vide that cases challenging the constitu- f tionality of measures passed by State ref- Mr. SKAGGS, for 5 minutes, today. erendum be heard by a 3-judge court (Rept. Mr. OWENS, for 5 minutes, today. SENATE ENROLLED BILLS SIGNED 104–257). Referred to the House Calendar. Ms. KAPTUR, for 5 minutes, today. The SPEAKER announced his signa- Ms. PRYCE: Committee on Rules. House (The following Members (at the re- ture to enrolled bills of the Senate of Resolution 228. Resolution providing for the quest of Mr. GOSS) to revise and extend the following titles: consideration of the bill (H.R. 1601) to au- their remarks and include extraneous thorize appropriations to the National Aero- material:) S. 464. An act to make the reporting dead- nautics and Space Administration to de- lines for studies conducted in Federal court Mr. HANSEN, for 5 minutes, today. velop, assemble, and operate the Inter- demonstration districts consistent with the national Space Station (Rept. 104–258). Re- Mr. BARR, for 5 minutes, today. deadlines for pilot districts, and for other ferred to the House Calendar. Mr. TALENT, for 5 minutes, today. purposes. Mr. REGULA: Committee of Conference. (The following Member (at her own S. 532. An act to clarify the rules governing Conference report on H.R. 1977. A bill mak- request) to revise and extend her re- venue, and for other purposes. ing appropriations for the Department of the marks and include extraneous mate- f Interior and related agencies for the fiscal rial:) year ending September 30, 1996, and for other Ms. SLAUGHTER, for 5 minutes, today. ADJOURNMENT purposes (Rept. 104–259). Ordered to be print- ed. f Mr. DORNAN. Mr. Speaker, I move Mr. ARCHER: Committee on Ways and that the House do now adjourn. EXTENSION OF REMARKS Means. H.R. 1756. A bill to abolish the De- The motion was agreed to; accord- partment of Commerce; with an amendment By unanimous consent, permission to ingly (at 5 o’clock and 45 minutes (Rept. 104–260 Pt. 1). Ordered to be printed. revise and extend remarks was granted p.m.), under its previous order, the f to: House adjourned until Monday, Sep- (The following Members (at the re- tember 25, 1995, at 12 noon. TIME LIMITATION OF REFERRED BILL quest of Mr. DOGGETT) and to include f extraneous matter:) Pursuant to clause 5 of rule X the fol- Mr. BONIOR. EXECUTIVE COMMUNICATIONS, lowing action was taken by the Speak- Mr. KENNEDY of Rhode Island. ETC. er: Mrs. MEEK of Florida. Under clause 2 of rule XXIV, execu- H.R. 1815. Referral to the Committee on Mr. STOKES. tive communications were taken from Resources extended for a period ending not Mr. COYNE. the Speaker’s table and referred as fol- later than September 29, 1995. Ms. ROYBAL-ALLARD. lows: f Mr. STOKES in two instances. 1452. A letter from the Deputy Associate PUBLIC BILLS AND RESOLUTIONS (The following Members (at the re- Director for Compliance, Department of the quest of Mr. GOSS) and to include ex- Interior, transmitting notification of pro- Under clause 5 of rule X and clause 4 traneous matter:) posed refunds of offshore lease revenues in of rule XXII, public bills and resolu- Mr. EHLERS. OCS areas, pursuant to 43 U.S.C. 1339(b); to tions were introduced and severally re- Mr. ROTH. the Committee on Resources. ferred as follows: Mr. BURR in two instances. 1453. A letter from the Secretary, Depart- By Mr. BUYER (for himself, Ms. WA- Mr. GALLEGLY. ment of Veterans Affairs, transmitting a TERS, Mr. STUMP, and Mr. MONTGOM- Ms. DUNN of Washington. draft of proposed legislation to amend title ERY): Mr. FRELINGHUYSEN. 38, sections 810(2) and 810(h)(3)(B), USC; to H.R. 2370. A bill to amend title 38, United (The following Members (at the re- the Committee on Veterans’ Affairs. States Code, to extend the veterans’ adjust- 1454. A letter from the Secretary, Depart- able rate mortgage demonstration project quest of Mr. DORNAN) and to include ex- ment of Labor, transmitting the quarterly through the first 3 months of fiscal year 1996; traneous matter:) report on the expenditure and need for work- to the Committee on Veterans’ Affairs. Mr. BROWN of Ohio. er adjustment assistance training funds By Mr. ARCHER (for himself, Mr. Mr. BONIOR in three instances. under the Trade Act of 1974, pursuant to 19 CRANE, and Mr. DREIER): Mr. BARCIA. U.S.C. 2296(a)(2); to the Committee on Ways H.R. 2371. A bill to provide trade agree- Ms. DELAURO. and Means. ments authority to the President; to the Mrs. CUBIN. 1455. A letter from the Secretary, Depart- Committee on Ways and Means, and in addi- ment of Health and Human Services, trans- tion to the Committee on Rules, for a period Mr. PACKARD. mitting a copy of the annual report entitled to be subsequently determined by the Speak- Mr. WILLIAMS. ‘‘Monitoring the Impact of Medicare Physi- er, in each case for consideration of such pro- Mr. CONYERS. cian Payment Reform on Utilization and Ac- visions as fall within the jurisdiction of the Mr. GEPHARDT. cess,’’ pursuant to Public Law 101–239; joint- committee concerned. Mr. DICKS. ly, to the Committees on Ways and Means By Mrs. CUBIN (for herself, Mr. Mr. CAMP. and Commerce. CREMEANS, Mr. NEY, Mr. MOLLOHAN, H 9452 CONGRESSIONAL RECORD — HOUSE September 21, 1995

Mr. HANSEN, Mr. HAYWORTH, Mr. against income tax for 20 percent of the em- referred to the Committee on Transportation THORNBERRY, Mr. ALLARD, Mr. CAL- ployee training expenses paid or incurred by and Infrastructure. VERT, Mr. DOOLITTLE, Mr. POMBO, and the employer; to the Committee on Ways and f Mr. COOLEY): Means. H.R. 2372. A bill to amend the Surface Min- H.R. 2383. A bill to amend the Internal Rev- ADDITIONAL SPONSORS ing Control and Reclamation Act of 1977 to enue Code of 1986 to modify certain rules re- minimize duplication in regulatory programs lating to subchapter S corporations; to the Under clause 4 of rule XXII, sponsors and to give States exclusive responsibility Committee on Ways and Means. were added to public bills and resolu- under approved States program for permit- H.R. 2384. A bill to amend the Internal Rev- tions as follows: ting and enforcement of the provisions of enue Code of 1986 to restore the 10 percent that act with respect to surface coal mining regular investment tax credit; to the Com- H.R. 28: Mr. HASTERT. and reclamation operations, and for other mittee on Ways and Means. H.R. 65: Mr. TATE. purposes; to the Committee on Resources. H.R. 2385. A bill to amend the Internal Rev- H.R. 104: Mr. KIM and Mr. PAYNE of Vir- By Mr. BONILLA (for himself, Mr. enue Code of 1986 to increase the exclusion ginia. DURBIN, Mr. THORNBERRY, Mr. KIM, for gain from certain small business stock to H.R. 109: Mr. DOOLITTLE. and Mr. MILLER of Florida): 100 percent for stock held for more than 10 H.R. 303: Mr. TATE. H.R. 2373. A bill to provide that neither the years; to the Committee on Ways and Means. H.R. 326: Mr. GOSS. President, the Vice President, nor any Mem- By Mr. SCHUMER (by request): ber of Congress shall be paid during Federal H.R. 2386. A bill to save the lives of police H.R. 436: Mr. HOEKSTRA. Government shutdowns; to the Committee officers; to the Committee on the Judiciary. H.R. 468: Mr. GILMAN. on Government Reform and Oversight, and By Mr. WYDEN (for himself and Mrs. H.R. 789: Mr. ENSIGN. in addition to the Committee on House Over- MORELLA): H.R. 803: Mr. WHITE. sight, for a period to be subsequently deter- H.R. 2387. A bill to amend part E of title IV H.R. 892: Mr. LIPINSKI. mined by the Speaker, in each case for con- of the Social Security Act to require States H.R. 941: Mr. KLECZKA. sideration of such provisions as fall within to regard adult relatives who meet State H.R. 945: Mr. PARKER, Mr. COSTELLO, Mr. the jurisdiction of the committee concerned. child protection standards as the preferred JEFFERSON, Mr. LIPINSKI, Mr. CHAMBLISS, Mr. By Mr. GILCHREST (for himself, Mrs. placement option for children, and to pro- DEFAZIO, Mr. BURTON of Indiana, Mr. MORELLA, Mr. SHAYS, Mr. BOEHLERT, vide for demonstration projects to test the HOSTETTLER, Mr. WATTS of Oklahoma, Mr. Mr. CASTLE, Mr. GREENWOOD, and Mr. feasibility of establishing kinship care as an HASTERT, Mr. ALLARD, Mr. CHRYSLER, Mr. WELDON of Pennsylvania): alternative to foster care for a child who has H.R. 2374. A bill to amend the Endangered BROWNBACK, Mr. CLEMENT, Mr. GILLMOR, Mr. adult relatives willing to provide safe and EHRLICH, Mr. KINGSTON, and Mr. KLUG. Species Act of 1973 to encourage the contin- appropriate care for the child; to the Com- H.R. 957: Mr. COBLE and Mr. MCKEON. ued conservation of America’s natural legacy mittee on Ways and Means. H.R. 1003: Mr. HALL of Texas and Mr. for future generations; provide incentives for By Mr. THOMAS (for himself, Mr. BILI- States, local governments, and private land- MINGE. RAKIS, and Mr. BARTON of Texas): owners to conserve species; and otherwise H.R. 2389. A bill to combat fraud and abuse H.R. 1061: Mr. HOLDEN and Mr. LAUGHLIN. improve the act through increased flexibility in the Medicare Program, and for other pur- H.R. 1078: Ms. LOFGREN and Mr. ACKERMAN. and broader cooperation; to the Committee poses; to the Committee on Ways and Means, H.R. 1161: Mr. CLEMENT and Mr. SOUDER. on Resources. and in addition to the Committees on Com- H.R. 1595: Mr. LONGLEY, Mr. CAMP, Mr. By Mr. LANTOS: merce, and the Judiciary, for a period to be MARTINI, Mr. DURBIN, Mrs. MEYERS of Kan- H.R. 2375. A bill to amend title 5, United subsequently determined by the Speaker, in sas, Mr. SCHIFF, and Mr. KENNEDY of Rhode States Code, to modify the early-retirement each case for consideration of such provi- Island. reduction provisions with respect to certain sions as fall within the jurisdiction of the Federal employees who are separated from H.R. 1619: Mr. FAWELL. committee concerned. service due to a base closure under title II of H.R. 1711: Mr. BAKER of Louisiana. By Mr. THOMAS (for himself, Mr. BILI- the Defense Authorization Amendments and H.R. 1713: Mr. SMITH of Texas. RAKIS, and Mr. BARTON of Texas): Base Closure and Realignment Act, and for H.R. 1747: Mr. GREENWOOD and Ms. PELOSI. H.R. 2390. A bill to revise the restrictions other purposes; to the Committee on Govern- under the Medicare Program against pay- H.R. 1776: Mr. SABO, Mr. DINGELL, and Mr. ment Reform and Oversight. ment for services furnished by a facility in QUINN. By Mr. MCHALE: which the referring physician has an owner- H.R. 1920: Mr. WELDON of Pennsylvania and H.R. 2376. A bill to develop a program re- Mr. HOLDEN. garding career opportunities by making such ship interest, and for other purposes; to the H.R. 2146: Mr. COYNE, Mr. CAMP, and Mr. information available on publicly accessible Committee on Ways and Means, and in addi- KLUG. networks and other electronic media; to the tion to the Committee on Commerce, for a Committee on Economic and Educational period to be subsequently determined by the H.R. 2195: Mrs. SEASTRAND. Opportunities. Speaker, in each case for consideration of H.R. 2244: Mr. WELLER. H.R. 2377. bill to provide authority to exec- such provisions as fall within the jurisdic- H.R. 2265: Mr. ZELIFF, Mr. HEFNER, Mr. utive departments and agencies to issue rul- tion of the committee concerned. SCARBOROUGH, and Mr. WARD. ings respecting application of laws under By Mr. BALLENGER: H.R. 2271: Ms. LOFGREN. H.R. 2391. A bill to amend the Fair Labor their jurisdiction; to the Committee on Gov- H.R. 2326: Mr. BEREUTER, Mr. FROST, Mr. Standards Act of 1938 to provide compen- ernment Reform and Oversight, GEJDENSON, Mr. ENGLISH of Pennsylvania, satory time for all employees; to the Com- H.R. 2378. A bill to amend the White House Ms. MOLINARI, Mr. BARRETT of Wisconsin, mittee on Economic and Educational Oppor- Conference on Small Business Authorization and Mr. ACKERMAN. tunities. Act to require the final report of the na- H.R. 2338: Mr. ACKERMAN. tional conference to be published in the Fed- By Mr. COOLEY: H.R. 2353: Mr. FLANAGAN, Mr. BISHOP, Mr. eral Register and distributed through the re- H.R. 2392. A bill to amend the Umatilla SMITH of New Jersey, Mr. BILIRAKIS, Ms. gional offices of the Small Business Adminis- Basin Project Act to establish boundaries for BROWN of Florida, Mr. WELLER, Mr. CLEM- tration; to the Committee on Small Busi- irrigation districts within the Umatilla ENT, and Mr. BARR. ness. Basin, and for other purposes; to the Com- H.R. 2379. A bill to amend the Small Busi- mittee on Resources. H.R. 2363: Mr. HOEKSTRA. ness Act to modify requirements relating to By Mr. GILMAN: H. Res. 30: Mr. FRANKS of New Jersey and the personal net worth of individuals who H. Con. Res. 103. Concurrent resolution ex- Mr. FIELDS of Louisiana. may be considered economically disadvan- pressing support for equal and fair access to H. Res. 134: Mr. FORBES, Mr. ENGLISH of taged for the purpose of receiving contract higher education in the Albanian language in Pennsylvania, Mr. BEILENSON, Mr. ENSIGN, awards under section 8(a) of that act; to the the former Yugoslav Republic of Macedonia; Mr. GANSKE, Mr. GRAHAM, Mr. LUTHER, Mr. Committee on Small Business. to the Committee on International Rela- FOX, Mr. HAYWORTH, Mr. FOLEY, and Mr. H.R. 2380. A bill to amend the Internal Rev- tions. CHRYSLER. enue Code of 1986 to permit the issuance of f H. Res. 214: Mr. INGLIS of South Carolina, tax-exempt bonds for air and water pollution Mr. FORBES, Mr. LEACH, and Mr. LOBIONDO. control facilities; to the Committee on Ways PRIVATE BILLS AND f and Means. RESOLUTIONS H.R. 2381. A bill to amend the Internal Rev- enue Code of 1986 to disregard up to $15 mil- Under clause 1 of rule XXII, DELETIONS OF SPONSORS FROM lion of capital expenditures in applying the Mr. LIVINGSTON introduced a bill (H.R. PUBLIC BILLS AND RESOLUTIONS provisions permitting a $10 million limit on 2388) to authorize the Secretary of Transpor- Under clause 4 of rule XXII, sponsors qualified small issue bonds; to the Commit- tation to issue a certificate of documenta- were deleted from public bills and reso- tee on Ways and Means. tion with appropriate endorsement for em- H.R. 2382. A bill to amend the Internal Rev- ployment in the coastwise trade and fish- lutions as follows: enue Code of 1986 to allow employers a credit eries for the vessel Shaka Maru; which was H. Res. 94: Mr. PETERSON of Minnesota. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION

Vol. 141 WASHINGTON, THURSDAY, SEPTEMBER 21, 1995 No. 148 Senate (Legislative day of Tuesday, September 5, 1995)

The Senate met at 9:15 a.m., on the served, and there will be a period for Insurance Co. by the time he was first expiration of the recess, and was called morning business until the hour of 10 elected mayor in 1968 at the age of 55, to order by the President pro tempore a.m. Following morning business, at 10 he was known as being a full-time [Mr. THURMOND]. a.m., the Senate will resume consider- mayor for part-time pay. Truly, the ation of the foreign operations appro- city of Homewood was his life. PRAYER priations bill and the pending Brown When Bob Waldrop left the The Chaplain, Dr. Lloyd John amendment regarding Pakistan. Under Homewood mayor’s office 3 years ago, I Ogilvie, offered the following prayer: the consent agreement, following 60 did a tribute to him on the floor of the Almighty God, from whom no secrets minutes of debate, there will be a roll- Senate. This was on October 3, 1992. are hidden, and to whom we are ac- call vote on the Brown amendment. All The Homewood City Council had just countable for our lives and our leader- Members can, therefore, expect a roll- recently passed a resolution in his ship, we come to You humbly and with call vote at 11 a.m. this morning. Fur- honor, and I wanted to have it inserted ther rollcall votes can be expected a longing to be in a right relationship into the CONGRESSIONAL RECORD. I ask with You. If there is anything between throughout today’s session in an at- unanimous consent that a copy of my us and You that needs Your forgiveness tempt to complete action on the for- statement and the accompanying reso- and cleansing, we confess it to You eign operations appropriations bill. lution from 1992 be printed in the now. If there is any broken relation- f RECORD. It describes his many accom- ship with others that needs healing, we MORNING BUSINESS plishments and explains why he was so ask for Your reconciling power. If we The PRESIDENT pro tempore. Under beloved by so many for so long. have done or said anything that has the previous order, there will now be a I extend my sincerest condolences to hurt or maliciously distressed others, period for the transaction of morning Bob’s wife, Louise, and their entire help us make restitution. And if there business. family in the wake of this tremendous is any area of our work in which we f loss. have resisted Your will and guidance, There being no objection, the mate- we open ourselves to Your spirit anew FORMER HOMEWOOD, AL, MAYOR rial was ordered to be printed in the ROBERT WALDROP for the challenges of this day. RECORD, as follows: Father, You have shown us how cru- Mr. HEFLIN. Mr. President, I rise [From the Congressional Record, Oct. 3, 1992] cial it is for us to be open, receptive with great sadness to announce that channels for the flow of Your power. former Homewood, AL, Mayor Robert TRIBUTE TO MAYOR ROBERT G. WALDROP Our Nation needs leaders who are Your Waldrop passed away on September 9. Mr. HEFLIN. Mr. President, we all know of agents of change, advancement, and Mayor Waldrop spent 24 years at the those local elected leaders from our States creativity. We commit to You all that Birmingham suburb’s helm of city gov- who, because of their long tenures in office, we have and are that we may think ernment and was an outstanding, pro- accomplishments, dedication, and hard work, Your thoughts and realize Your plan gressive leader who moved his commu- seem to define the term ‘‘public servant.’’ These are the ones who do not necessarily for our Nation. Accept us as we are in nity forward in countless ways during seek headlines, but whose satisfaction comes our deep need to You and help is to be his long tenure. One of his crowning from doing good things for their commu- all that You intend us to be for Your achievements was the establishment of nities. I know of no other leader who fits this glory today. In our Lord’s name. Amen. Homewood’s excellent school system, definition and style of public service more f widely recognized as one of the State’s aptly than Homewood, AL, Mayor Robert G. best systems. Waldrop. Mayor Waldrop, one of the longest RECOGNITION OF THE ACTING To Bob Waldrop, being mayor came serving mayors in the State, will be leaving MAJORITY LEADER naturally. His father had served as his post on October 5, after 24 years of serv- The PRESIDENT pro tempore. The mayor of the Walker County, AL, town ice. More than anyone else, he deserves cred- of Parrish, serving until he was 86 it for the success and growth of this Bir- able Senator from North Carolina is mingham suburb over the last 24 years. years of age. Bob was a native of Par- recognized. Mayor Waldrop originally entered the po- f rish, an Army veteran, a Mason, and a litical arena after completing two other full member of Trinity United Methodist SCHEDULE careers: for 15 years, he was a pharmacist Church and Zamora Shrine. and for the 18 after that was a successful in- Mr. FAIRCLOTH. Mr. President, this Since Bob had already retired from surance agent for Liberty National Insur- morning the leader time has been re- his career with the Liberty National ance Co. He has worked virtually his entire

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

S13993

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VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S13994 CONGRESSIONAL RECORD — SENATE September 21, 1995 life. As if to portend his career as a phar- am confident that his community has not tion of this Resolution make such state- macist, his first job was at a drugstore when seen the last of his tireless devotion. I wish ment. he was only 12 years of age in the small coal- him all the best in his future endeavors. 3. That the City Council of the City of mining town of Parrish, in Walker County. Mr. President, I ask unanimous consent Homewood does direct that a copy of this His own father was once mayor of Parrish. that a resolution adopted September 14 by resolution, after its adoption by the City Bob graduated high school in 1932, at- the Homewood City Council in honor of Council, be distributed to Robert G. Waldrop, tended Auburn University for 1 year, then Mayor Waldrop be printed in the RECORD im- members of his family and that appropriate went to Birmingham to study at Howard Col- mediately following my remarks. certified copies thereof be forwarded by the lege, now Samford University. In 1941, he and There being no objection, the resolution City Clerk to such other persons or organiza- his wife Louise moved to Homewood. He left was ordered to be printed in the RECORD, as tions as she deems appropriate in the prem- school a couple of years later to join the U.S. follows: ises. Army. After the war, he reentered Howard RESOLUTION NO. 92–21 and completed his bachelor’s degree in phar- 4. That this resolution shall be made a part Whereas, Robert G. Waldrop has served as macy. of the official minutes of the meeting of the By the 1960’s, Bob had become well known Mayor of the City of Homewood, Alabama, Homewood City Council. in Homewood as president of the Lions Club since his election to that office in 1968 con- and as a member of the library board. In 1968, tinuously to the present; and f several concerned citizens prompted him to Whereas, since Mayor Waldrop’s election to office in 1968, the City of Homewood has consider running for mayor. There was a THE 80TH BIRTHDAY OF OSCAR concern among Waldrop and local merchants enjoyed tremendous growth, expansion and about the number of small companies which success in business and opportunity for its HANDLIN had left the town. Since Homewood was his residents; and Whereas, during Mayor Waldrop’s tenure Mr. KENNEDY. Mr. President, Sep- hometown and its concerns were his, he de- tember 29 is the 80th birthday of one of cided to run, and, if elected, serve one 4-year as Mayor, he has received numerous awards term. The rest, as they say, is history: he has and commendations, and has expended great the Nation’s great thinkers and histo- been mayor ever since, remaining in office a energies to the benefit of the residents of the rians, Oscar Handlin. little longer than he had anticipated. City of Homewood, Jefferson County, and the For decades, our country has been Mayor Waldrop has been in the unique po- State of Alabama, which accomplishments include, but are not limited to, the fol- blessed by his insights and scholarship sition of watching his city grow and expand on our origins as a nation and our char- from a budget of $1 million to over $7 mil- lowing: (1) original organizer of the Jefferson lion. He watched as the library doubled its County Mayor’s Association in 1969 and acter as a people. His lively view of our number of books and services and moved to served as its President from 1972 through history shows how America has drawn a new location. He watched Homewood break 1974; (2) a motivating force and promoter of on the strengths of many nationalities away from the county school system and es- the Homewood School System; (3) honored as generation after generation works tablish its own, now recognized as one of the by the Shades Valley Civitans as the Out- to build a better future for their chil- best in the State. He has seen Brookwood standing Citizen in Homewood in 1970; (4) dren. It is this enduring lesson of our Hospital grow into one of the leading health elected the Boss of the Year in 1971 by the Alabama Business Women’s Association; (5) history that has inspired him, through- care institutions in the State. He has served out his career, to project an optimism on the board of directors of Lakeshore Reha- honored by the Homewood Board of Edu- bilitation Complex, helping to make deci- cation, by naming the football stadium the regarding our future. As he has often sions that have resulted in a $7 million ren- ‘‘Robert G. Waldrop Stadium’’ in 1976; (6) was said, ‘‘Perhaps our brightest hope for ovation of the facility. elected President of the Alabama Workmen’s the future lies in the lessons of the During his six terms as mayor, over 100 Compensation Insurance Corporation for the past.’’ acres of park land have been added to the State of Alabama; and (7) was elected Presi- dent of the Alabama Legal Municipalities in Professor Handlin exhibited a schol- city and three swimming pools built. Mayor ar’s curiosity and thirst for learning Waldrop initiated assessment-free street 1976, and has served for the last fifteen (15) paving and waste pickup. Brookwood Village years on the Executive Board of the League; early in his extraordinary career. He was constructed, and the Green Springs area and completed college by the age of 19. Be- annexed into the city during his tenure. In Whereas, Mayor Waldrop has provided the fore turning 30, he was invited to join appreciation for his many years of service, excellent leadership necessary for the devel- Harvard’s faculty. At the time, he had Homewood’s high school stadium was named opment and growth of the City which accom- not yet completed his doctorate. plishments include development and expan- in his honor. He was a distinguished professor of At the State level, Bob Waldrop was effec- sion of a fine school system, development tive in addressing issues of importance to and expansion of Brookwood Hospital as a history and directed various scholarly local officials. He served for a term as presi- premier hospital in the southern portion of institutes devoted to the study of dent of the Alabama League of Municipali- Jefferson County, annexation of numerous American history and ideas. His out- ties, which he recounts as a very exciting acres of property for residential and com- standing leadership as director of Har- time for him. As its president, Mayor mercial development providing an excellent vard’s Center for the Study of Liberty Waldrop was instrumental in getting the tax base and residential setting for in America and, later, the university’s League’s Workers’ Compensation Fund es- Homewood residents, all of which growth and Charles Warren Center for Studies in developments will be well chronicled in the tablished in 1976. He has served on the board American History produced a remark- of the fund since its inception, and as its history of the development of the City of president in recent years. He was also on the Homewood, Alabama; and able body of scholarly work and count- committee that created the Alabama Munic- Whereas, the members of the City Council less young scholars of American his- ipal Insurance Corp., a mutual insurance of the City of Homewood desire to express of- tory. company offering liability, property, and ficially, as well as individually, their appre- Professor Handlin is best known for casualty insurance to cities and towns. The ciation for the outstanding services which his extensive works on immigration. Robert G. Waldrop has rendered to the City mayor served on the first board of this com- Early in his career, he once said, ‘‘I pany. He presided over the spouses’ breakfast of Homewood and its residents during his at the annual League of Municipalities con- twenty-four (24) years of service as Mayor of thought to write a history of immi- vention for over a decade. the City of Homewood; and grants in America. Then I discovered It is evident to all who know him that Now, Therefore, be it Resolved by the City that the immigrants were American Mayor Robert Waldrop has served his com- Council of the City of Homewood, Alabama, history.’’ He has always maintained munity with a tremendous spirit and very at a regular meeting duly assembled, a that America ‘‘is not merely a nation, apparent that he is a part of Homewood and quorum being present, as follows: but a teeming nation of nations.’’ Homewood a part of him. Although the vot- 1. That the City Council of the City of ers in Homewood, like those in thousands of Homewood, by the adoption of this Resolu- His doctoral dissertation analyzed communities and jurisdictions across the tion, does publicly commend, thank and the adjustment of immigrants in Bos- country, opted for change this year, Mayor state as an expression of appreciation to ton. It was first published in 1941 and Waldrop can take pride in the fact that he Mayor Waldrop for the long and dedicated was republished on its fiftieth anniver- did an outstanding job in looking after their service which he has rendered to the citizens sary in 1991 because of the continuing interests and ensuring the progress of their of Homewood as Mayor of the City of public interest in his scholarship. His city. He will long be remembered for his Homewood. basic work on immigration, The ‘‘Up- 2. That the City Council of the City of unique role in Homewood’s history, and his rooted,’’ was first published in 1951. It legacy is one that mayors all over the State Homewood desires to make a public state- and country can look to as one to emulate. ment of their thanks and gratitude to Robert won the Pulitzer Prize and to this day It is my pleasure to commend Bob Waldrop G. Waldrop for his long and dedicated service is considered a classic on America’s for being the quintessential public servant. I to the City of Homewood and do by the adop- immigrant history.

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S13995 Professor Handlin’s appealing writing Ferdie Reed had to leave school in The Senate resumed consideration of style allowed him to touch a genera- the sixth grade to work in the cotton the bill. tion of Americans far beyond the con- fields outside his home of Poplar Bluff, Pending: fines of the academic world. His obser- MO, and has worked as a night watch- Helms (for Dole/Helms) amendment No. vations on our history dealt movingly man at Three Rivers Community Col- 2707 (to committee amendment on page 2, with the experiences of immigrants lege for the past 28 years. He married line 25), to provide for the streamlining and from the beginning of our history. Dur- Lillie Mae Arrington in 1950 and to- consolidation of the foreign affairs agencies ing his brilliant career, he published gether they raised eleven children, of the United States. Brown amendment No. 2708 (to committee nearly a book a year, and each received stressing the values of hard work and amendment beginning on page 15, line 17 wide acclaim. responsibility as the keys to a success- through page 16, line 24), to clarify restric- As he notes, Americans have argued ful future. Ferdie worked hard to pro- tions on assistance to Pakistan. (By 37 yeas over immigration for centuries. To vide for his family by farming, while to 61 nays (Vote No. 452), Senate earlier those concerned that today’s immi- holding other jobs. Lillie devoted her- failed to table the amendment.) grants will not adjust to America and self to her family as a full time mother Murkowski amendment No. 2712, to set contribute to American life, he replies and was active in the work of the forth requirements for implementation of that in 1850, 27 languages were spoken Reed’s local church. She proved to be the Agreed Framework Between the United States and North Korea Act relating to the in Boston. Yet, these immigrants an inspiration for her children by going Korean Peninsula Energy Development Orga- quickly learned English and joined our back to school and earning her General nization. communities, just as immigrants are Equivalency Degree. AMENDMENT NO. 2708 doing today. The emphasis the Reed family places The PRESIDING OFFICER. Under When asked last month whether he on education and their example of hard the previous order, there will now be 1 still viewed our ethnic diversity a basic work was followed by their 11 children, hour of debate on the Brown amend- strength, he responded unequivocally, all of whom graduated from Three Riv- ment No. 2708, equally divided. ‘‘More so than ever.’’ ers Community College in Poplar Bluff. As we consider immigration reform Ten of the children have also gone on Mr. BROWN addressed the Chair. today, we would do well to keep Pro- to earn bachelors’ degrees at 4-year The PRESIDING OFFICER. The fessor Handlin’s insights in mind. I universities. Together, the 11 Reed Chair recognizes the Senator from Col- know my colleagues join me in com- children have more than 170 years of orado. mending the contributions of this great education. Mr. BROWN. Mr. President, I yield scholar and outstanding American. I Recently, the Reeds were honored in myself 1 minute. wish many happy returns as he and his their home of Poplar Bluff for their The PRESIDING OFFICER. So or- family celebrate his 80th birthday this dedication to education and the posi- dered. weekend. tive impact they have had on their Mr. BROWN. Mr. President, this amendment is about simple fairness. f children and their community. I join today in honoring Ferdie and Lillie We have taken their money. We have THE BAD DEBT BOXSCORE Reed, as well as their children, Wen- obtained a contract to deliver equip- Mr. HELMS. Mr. President, on that dell, Ferdie Jr., Linda, Brenda, Sharon, ment, and we do not want to deliver evening in 1972 when I first was elected Patricia, Kathryn, David, Karen, Paul, that equipment. I understand the feel- to the Senate, I made a commitment to and Mary Ann for their significant ings of those Members who have that myself that I would never fail to see a achievements. I salute them for their position. But, Mr. President, it is young person, or a group of young peo- dedication, determination, and perse- wrong to take somebody’s money and ple, who wanted to see me. verance in the pursuit of a better life not deliver the equipment and not give It has proved enormously beneficial through education. them their money back. to me because I have been inspired by Mr. FAIRCLOTH. Mr. President, I If this were Sears, Roebuck in the the estimated 60,000 young people with suggest the absence of a quorum. United States, we would lock them up. whom I have visited during the nearly The PRESIDENT pro tempore. The The consumer protection laws do not 23 years I have been in the Senate. clerk will call the roll. apply to the U.S. Government, but, Mr. Most of them have been concerned The assistant legislative clerk pro- President, simple fairness does. The about the enormity of the Federal debt ceeded to call the roll. American people understand this issue that Congress has run up for the com- Mr. BROWN. Mr. President, I ask because they understand what it is like ing generations to pay. unanimous consent that further pro- when someone who is selling something The young people and I almost al- ceedings under the quorum call be re- takes their money and does not deliver ways discuss the fact that under the scinded. either the product or the money. That U.S. Constitution, no President can The PRESIDING OFFICER (Mr. is what this amendment is all about. It spend a dime of Federal money that FAIRCLOTH). Without objection, it is so is about fairness, and it is about saying has not first been authorized and ap- ordered. either give them their money back or propriated by both the House and Sen- f give them the equipment they con- ate of the United States. CONCLUSION OF MORNING tracted for. That is why I began making these BUSINESS Mr. President, I retain the remainder of my time. daily reports to the Senate on Feb- The PRESIDING OFFICER. Under ruary 22, 1992. I wanted to make a mat- Mr. GLENN. Mr. President, I suggest the previous order, morning business is the absence of a quorum. ter of daily record of the precise size of closed. the Federal debt which as of yesterday, The PRESIDING OFFICER. The Wednesday, September 20, stood at f clerk will call the roll. $4,967,473,200,287.86 or $18,856.61 for FOREIGN OPERATIONS, EXPORT The legislative clerk proceeded to every man, woman, and child in Amer- FINANCING, AND RELATED PRO- call the roll. ica on a per capita basis. GRAMS APPROPRIATIONS ACT, Mr. BROWN. Mr. President, I ask f 1996 unanimous consent that further pro- The PRESIDING OFFICER. Under ceedings under the quorum call be dis- THE REED FAMILY OF POPLAR pensed with. BLUFF, MO the previous order, the hour of 10 a.m. having arrived, the Senate will now re- The PRESIDING OFFICER (Mr. Mr. ASHCROFT. Mr. President, sume consideration of H.R. 1868, which COVERDELL). Without objection, it is so today I rise to salute a family from the clerk will report. ordered. southeastern Missouri whose dedica- The legislative clerk read as follows: Mr. BROWN. Mr. President, par- tion to providing a better life for their A bill (H.R. 1868) making appropriations liamentary inquiry. children and whose commitment to for foreign operations, export financing, and Under the quorum call that just took education serves as a model for parents related programs for the fiscal year ending place, how is the time charged to each and families across America. September 30, 1996. side?

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S13996 CONGRESSIONAL RECORD — SENATE September 21, 1995 The PRESIDING OFFICER. It was proliferation and are we serious about assistance was indeed inhibiting Paki- charged to the Senator that suggested it or not? stan’s bomb program, as was con- it. We all love to get up and make our fidently assumed by Reagan adminis- Mr. GLENN. Would the Chair repeat? press conference statements about how tration officers. Waiver after waiver The PRESIDING OFFICER. It was much we are against nuclear prolifera- after waiver, which I went through in charged to the Senator who suggested tion and we do not want to see nuclear detail last night, waiver after waiver it. weapons spread to more nations around after waiver for Pakistan. And every Mr. BROWN. Mr. President, my sense the world. We, in fact, right now are time one was granted, it was granted is that fairness would require that it be getting control of our nuclear weapons on the basis that we need to be their charged to both sides equally. stockpiles with the former Soviet friends so they will not continue along The PRESIDING OFFICER. Is there Union, now the Russians, and we are this route. objection? scaling those down. At the same time And we have that whole trail of bro- Without objection, it is so ordered. we asked other nations, ‘‘Please do not ken promises, one after another after Mr. BROWN. I suggest the absence of go ahead with nuclear weapons pro- another. The result of all of this, all a quorum and request the time be grams. We will cooperate with you if the untruths that were told to us, all charged equally to both sides. you do not.’’ this mendacity, plus ongoing informa- The PRESIDING OFFICER. Without We cooperated with Pakistan when tion that the program was progressing, objection, it is so ordered. they were threatened and mutual in- resulted in the Pressler amendment. The clerk will call the roll. terest indicated we should send weap- Well, the CIA, to their credit, was The legislative clerk proceeded to ons to the Mujaheddin in Afghanistan. skeptical that any of these things call the roll. It was in Pakistan’s interest we do would work back at that time. And Mr. GLENN. Mr. President, I ask that, also. It was not just a gratuitous they were right. So now we have the ef- unanimous consent that further pro- favor to the United States. fort to give the money back. And it is ceedings under the quorum call be re- Through the years over and over we supposedly that they would like to scinded. were assured Pakistan had no nuclear have you think that the proposal from The PRESIDING OFFICER. Without weapons program by their officials the other side was that they just paid objection, it is so ordered. when we knew they did. During this all this money out there, and then we Mr. GLENN. Mr. President, I cannot time period we were successful in turn- jerked the rug out from under them. disagree more with my distinguished ing off a Taiwanese effort to start a nu- The fact is that out of the $858 mil- colleague from Colorado when he says clear weapons program. We were suc- lion, $50 million was paid before Press- this is just a matter of fairness about cessful in turning off a South Korean ler; the rest of it was all paid after the giving money back as though we or- effort to start a nuclear weapons pro- Pressler amendment was adopted, and dered something from Sears, Roebuck gram. South Africa, they finally gave Pakistan knew full well what they and did not get it so we ought to get up on their efforts after having a nu- were doing. They knew exactly what our money back. That is such a sim- clear weapon or being close to it. Ar- they were doing, and they continued plistic view that it mocks what we gentina and Brazil ceased their efforts. and paid the rest of that money after have been trying to do with our non- And 178 nations signed up under NPT. the Pressler amendment was adopted, proliferation policy, our nuclear non- This is a great success story. hoping that we would back down, that proliferation policy for the last 30 Do we mean it when we say we have we were not serious about our nuclear years. a nonproliferation policy or not? I am nonproliferation policy, and they were We have tried to prevent the spread very critical of this administration. I right. We backed down. The United of nuclear weapons around this world. sent a long letter to the President with States of America is still backing down That is what this issue is all about. It my position on this back in April. I in- on nuclear nonproliferation. It is not easy for the Pakis, because is a nonproliferation issue. The ques- cluded it in the RECORD last night. I they are entitled to some sympathy in tion: Are we serious about a U.S. lead- think this is sort of a test case here. Do their national security plight in South ership role in nonproliferation policy we mean it or not? If we let Pakistan Asia. They fought three wars with a or are we not? I share the concern that go ahead and say we reward them then much larger adversary, India, who was Pakistan should get its money back, with all sorts of help, with economic also pursuing a nuclear weapons pro- but not at the expense of dumping our aid, with all the things that are going gram and had exploded a device in 1984, nuclear policy and making our efforts on with the weapons program, with the and mainly built their program be- around the world to further nuclear spare parts, with things like that, with cause of China’s nuclear efforts. nonproliferation be mocked by the 178 new missiles, and we reward them for I do have sympathy for them in that nations that signed up under the Non- these efforts, it makes a mockery— regard, but I do not have much sym- Proliferation Treaty. That is what this makes a mockery—out of our non- pathy when they have deliberately mis- is all about. proliferation efforts when other na- led us, lied to us all through the years. Pakistan has been the most egre- tions say they may want to do the Mr. President, one after the other, of- gious violator. They refused to join the same thing that Pakistan has already ficials in Pakistan have not told us the NPT and refused to cooperate and re- done. truth. I said before my own personal peatedly told us untruth after untruth The international nuclear trade has experience in meeting with President after untruth after untruth, lie after been going up, I am sorry to say. We Zia, the foreign minister, Yaqub Khan, lie after lie, about their intentions on should be trying to cut it back. We and from the atomic energy commis- nuclear weapons. passed legislation—we passed the sion, Mir Khan, was that they all as- They deliberately misled us—misled Glenn–Symington amendment to deal sured us they had no program when we me personally. I was over there a cou- with this way back. We passed the knew that they did. ple times. Once I met with President Pressler amendment later on that was Let me read a few quotes. Back in Zia; with Yaqub Khan, the Foreign Pakistan-specific, and should have 1988, opposition leader Benazir Bhutto, Minister; Mir Khan, from their atomic been. It is the way it should be. But the shortly before coming Prime Minister: energy commission. They told me they Congress was unwilling to give a com- We don’t want any controversy [with the had no program at all. They said that plete blank check to Pakistan, and U.S.] on the nuclear issue . . . We want it our intelligence was just flat wrong. stipulated in our waiver legislation clear beyond doubt that we’re interested Prime Minister Benazir Bhutto re- that Pakistan would still be cut off if only in energy, not nuclear weapons. peatedly has made statements that it received or exploded a nuclear de- Again, interview with Time maga- they have no nuclear weapons objec- vice. ‘‘Received’’—in other words, zine, November 1988: tives. And yet we know that is not gained that capability. We believe in a peaceful [nuclear] program true. So what this is about is not just Congress stipulated that an annual for energy purposes and nothing else. about fairness of giving the money report would be provided on Pakistan’s Prime Minister Benazir Bhutto, back as though a purchase had been nuclear activities so that Congress interview in Calcutta Telegraph, De- made at Sears; this is a matter of non- could confirm that the United States cember 1988:

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S13997 I can tell you with confidence that there is is adopted that our restriction against weapons with regard to Pakistan and no bomb programme in Pakistan . . . There military assistance stays in place and not be willing to talk about the phe- is no bomb programme . . . there is no bomb it stays in place even though Pakistan nomenon of nuclear weapons with re- programme. has significant national security prob- gard to India. December, 1988: lems, our restriction against military My own view of this is that we want We’re committed to a peaceful energy pro- sales stays in place, and it does so even to be friends with both India and Paki- gram. We don’t have any [nuclear] weapons though they have a great need and stan. We want to stand beside them. policy . . . Pakistan doesn’t have any inten- want to buy equipment from the We want to work with both of them. tion to get a nuclear device or a nuclear Perhaps it was not widely noticed, but weapon. United States. For a country that is in need of as- I was the prime critic of the adminis- Another one in June 1989, Prime Min- sistance and in need of weapons, those tration when it was slow to name an ister Benazir Bhutto, in an address be- are significant and major restrictions, Ambassador to India. It seemed to me fore a joint meeting of Congress, right and to throw them away or ignore that was an important function to do, down the hall, a joint meeting of Con- them, I think, ignores the facts. The with a country that should be our gress, and made this statement to all fact is, they are strong sanctions that friend and we want to work with. of us. I was in attendance at that meet- are in place and continue in place if the I spoke out against the bashing of ing: amendment is adopted. India over the question of Kashmir. I Speaking for Pakistan, I can declare that We should not forget the fact as well believe what we want is a balanced pol- we do not possess nor do we intend to make that Pakistan signed a contract for icy, but, Mr. President, we should not a nuclear device. That is our policy. these some 9 years ago, for other parts look at the questions regarding Paki- New York Times, 1989 interview with 8 years ago, and for other parts 7 years stan’s national security in a vacuum. Prime Minister Benazir Bhutto: ago. They paid for those, and whether To assume that we are going to have Pakistan has not, nor do we have any in- they paid all up front or paid in install- a policy that denies Pakistan nuclear tention of putting together or making, a ments, as most people do, I think weapons and not comment about In- bomb, or taking it to the point where you misses the point. dia’s nuclear weapons is a mistake. To can put it together. The fact is, they paid for these, they assume we are going to bash Pakistan So much for the word of Pakistan. contracted for these. These items they for trying to find missiles and not say So when we say, Mr. President, that have contracted for have sat around. anything about India’s missile program this is an issue of just giving the Does anybody think military equip- is a mistake. What we ought to have is money back, as though we have made a ment that was due for delivery 5 years a balanced policy in that part of the deal at Sears someplace, that is ex- ago is as valuable today as when it world, not a one-sided policy. I retain the remainder of my time. tremely misleading, and I disagree came up? Of course, not. Mr. President, I yield 10 minutes to with that characterization of what this So to suggest there have not been is about. the distinguished Senator from Iowa. and do not continue to be enormously Mr. HARKIN. Mr. President, I want What this is about is whether the significant sanctions in place against to compliment the Senator from Colo- United States has a nuclear non- Pakistan is to simply ignore the facts. rado on his diligence and his effort to proliferation policy and whether we are It is misleading, I think, to say that bring some rationality and reason to truly willing to stick to it or are we there are not major penalties that we this debate, to try to get us to focus on not. Do we have the guts to make the have demanded that the Pakistanis pay fairness and equity in dealing with this tough decisions in the interest of see- and will continue to pay in the future. part of the world. ing nuclear weapons not spread further Mr. President, a great deal has been I certainly would not want any of my around the world, just at the same made about disingenuous statements comments that I made last night in the time we are trying to get our own nu- by the Pakistanis with regard to their debate, or any I might make now, to be clear weapons stockpiles and those of nuclear program. I, for one, think it is construed to indicate in any way that I the former Soviet Union under control regrettable that that has happened. have it in for India. That is not it at and doing a good job in that area. But, we should not be holier than thou all. But I do believe that the history of Mr. President, that is what this vote when we talk about misleading state- our relations with Pakistan are such is all about. I know from the vote yes- ments regarding national security. Are that we have to start dealing in a more terday what the vote is likely to be our memories so short around here, evenhanded fashion in that part of the today. I think it is a wrong vote be- particularly with regard to Pakistan? world. cause it sends all the wrong signals to Does not anyone recall that Francis Last night in my remarks, I went the 178 nonproliferation members Gary Powers’ flight took off from Paki- over the long history of Pakistani- around the world who are doing what stan, an area we asked the Pakistanis United States friendly relations. I do we wanted them to do, what we tried to to make available to us, at a base we not mean to belabor that again and go lead them to do and which they have asked them to let us fly out of, to fly over that, other than to just say that continued to do, and that is try and over and spy on the Soviet Union? Has going clear back to when Pakistan got stop the spread of nuclear weapons everyone forgotten how important that its independence, Pakistan has always around the world. That is what this was to national security? been oriented toward the United vote is all about. Incidentally, does anyone remember States. They supported us in the Ko- I reserve the remainder of my time. what President Eisenhower said when rean war. As the Senator from Colo- Mr. BROWN addressed the Chair. he was asked about it? No one has men- rado pointed out, the flights of the U– The PRESIDING OFFICER. The tioned that today. But if you want to 2 over the Soviet Union came from Chair recognizes the Senator from Col- talk about disingenuous statements, Pakistan. After the U–2 was shot down, orado. what about President Eisenhower? Are Nikita Khrushchev threatened Paki- Mr. BROWN. I yield myself 3 min- we so holy we have forgotten it? This stan with nuclear weapons. Pakistan utes. emanated from Pakistan. President Ei- stuck with the United States. In the Mr. President, there are several im- senhower denied the flights. Was it an gulf war, Pakistan helped us out; they portant points raised by the distin- incorrect statement? Of course it was. were on our side. In Somalia—and even guished Senator from Ohio that I Why did he do it? To protect our na- in Haiti, Pakistan has sent troops to would like to address. One is the sug- tional security. help restore democracy to Haiti. gestion that we have somehow backed Does anybody remember what Presi- So in almost everything that we have down on our nonproliferation objective dent Kennedy said with regard to the done, Pakistan has been our strong or let Pakistan off the hook if this Bay of Pigs? We do not dwell on it, but friend and ally. Yet, I believe we have amendment is adopted. before we get so holy, before we get too not treated them evenhandedly. All I sincerely believe that is an inac- holy, remember, Americans have felt a this really is is a question of fairness. curate statement, and I want to draw need to protect their national security, Last night, I quoted—and I want to the attention of the Members to the too, and it is strange that people would repeat that—the statement by the Sec- facts. The reality is, if this amendment talk about the phenomenon of nuclear retary of State, Warren Christopher, in

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S13998 CONGRESSIONAL RECORD — SENATE September 21, 1995 a letter dated September 20 to Senator would, in effect, prevent U.S. funding of counternarcotics assistance, and DASCHLE. He said: KEDO and greatly hinder, if not destroy, the counterterrorism programs. We also support international effort to implement the Agreed language that would allow for the return of We appreciate the bipartisan interest we Framework. We oppose linking KEDO fund- military equipment for which Pakistan has have seen in improving our relationship with ing to substantial progress on North Korean/ already paid. To engage Pakistan on issues Pakistan. We would support an amendment South Korean dialogue. Imposing an artifi- of concern to us, including non-proliferation, that would permit aid to Pakistan that is in cial and unrealistic deadline on North/South it is essential to resolve this unfair situa- our own interest, such as trade promotion, talks, which have taken years to progress, tion. counternarcotics assistance, and counter- will hold hostage the very funding that will There remain other problematic issues in terrorist programs. We also support language facilitate the progress we all so desire. We that would allow for the return of military the bill, but we are encouraged by the will- remain convinced that the North/South dia- ingness of the bill’s managers to work with equipment for which Pakistan has already logue will move forward substantially as a paid. To engage Pakistan on issues of con- us, and we hope that these other issues can result of the Agreed Framework and the cre- be resolved on the Senate floor or in con- cern to us, including nonproliferation, it is ation of KEDO. Our failure to contribute to essential to resolve this unfair situation. ference. KEDO will threaten its ability to meet its Sincerely, That is what the Brown amendment obligations under the Framework and, con- WARREN CHRISTOPHER. does. sequently, invite North Korean non-compli- Again, Mr. President, I ask unani- ance. The Agreed Framework is working. Mr. HARKIN. Mr. President, there is mous consent that this letter, dated North Korea has frozen its nuclear weapons also a letter from Secretary Perry, the program. We need Congressional support for Secretary of Defense, who said: September 20, from Secretary of State KEDO to keep the freeze in place. Christopher, be printed in its entirety Regarding assistance to the New Inde- This is an effort to resolve issues involving in the RECORD at this point. pendent States (NIS) and Russia, we have ‘‘fairness’’ that have become a major irritant There being no objection, the letter reached a critical moment in the reform in our relationship with Pakistan—it is in no was ordered to be printed in the process. Continued funding is essential. It way an effort to resume a military supply re- lationship. Meanwhile, our ability to work RECORD, as follows: can make a major difference in whether re- formers in Russia, Ukraine, Armenia, with Pakistan to achieve nonproliferation THE SECRETARY OF STATE, Moldova and other states will be able to goals is eroding. The status quo, unfortu- Washington, September 20, 1995. maintain momentum, or the opponents of re- nately, offers few incentives for future co- Hon. THOMAS A. DASCHLE, form will halt the development of demo- operation or restraint by Pakistan—or by Democratic Leader, cratic market societies. We need to stay the India, whose nuclear and missile programs U.S. Senate. course for this transitional period, while nor- are also of concern. DEAR SENATOR DASCHLE: As the Senate be- mal trading and investment relationships de- gins consideration of the FY 1996 Foreign Op- We do not hear much talk about that velop in the former Soviet states. We very around here. The nuclear programs and erations Appropriations bill, I would like to much appreciate the continued support we address several issues in the version of the have received from the Congress, and the the missile programs of India ought to bill as reported by the full Appropriations Senate Appropriations Committee in par- be a big concern of ours also. Committee. ticular, for this critical effort, as reflected in Secretary Perry concluded: At the outset I would like to thank Chair- this bill. If we succeed in putting this issue behind man McConnell and Senator Leahy for their At the same time, however, we oppose new us, we will be in a better position to engage willingness to work with us and to include conditions on assistance to the NIS. It is of Pakistan in a constructive way on issues of priority initiatives such as a long-term ex- course tempting to withdraw our assistance concern to us, particularly nonproliferation. tension of the Middle East Peace Facilita- as punishment when we do not agree with tion Act (MEPFA) and a drawdown authority Russian actions or policies. But this would I ask unanimous consent that the for Jordan in the subcommittee mark. We be a mistake. This assistance is in our na- letter from Secretary Perry, dated Au- would oppose any amendments that would tional interest. Cutting or restricting aid gust 2, also be printed in the RECORD. alter the carefully negotiated language for would hurt reformers, the very people who either of these initiatives. Also, we appre- have protested the war in Chechnya, criti- There being no objection, the letter ciate the Subcommittee’s removal of cized Russia’s proposed nuclear sale to Iran, was ordered to be printed in the objectional conditions adopted by the House or insisted that Russia end cooperation with RECORD, as follows: on population assistance and aid to Turkey, Cuba. We urge you to remove such condi- THE SECRETARY OF DEFENSE, Haiti, and Mexico. We hope to continue in tions from this bill. Let me assure you that Washington, DC, August 2, 1995. this cooperative fashion to produce a For- we share your concerns about Russia’s poli- Hon. SAM NUNN, eign Operations bill that can be presented to cies in these areas; that is why we continue Ranking Democrat, Committee on Armed Serv- the President with bipartisan support. to work on other fronts to stop the Russian ices, U.S. Senate, Washington, DC. Despite the favorable aspects of the legis- nuclear reactor sale to Iran and to prevent DEAR SENATOR NUNN: For the past six lation, there are several items that are of completion of the Cuban reactor project. months, the Administration has wrestled great concern to the Department of State. We also urge you to restore the national with the difficult problem of trying to build The funding levels throughout the bill are security waiver for the certification require- a stronger, more flexible relationship with well below the President’s request level. The ment on violations of territorial integrity, Pakistan—an important moderate Islamic Foreign Operations cuts, coupled with the which has been removed from the Senate democracy in a troubled region which has cuts being proposed to international pro- version of this bill. It is important that the been a long-time friend and has become a grams in the Senate’s Commerce, Justice, President retain the ability to determine major partner in peacekeeping operations— State Department Appropriations bill, rep- whether the national security of the United while promoting the very important non- resent a serious threat to America’s leader- States justifies a waiver of this requirement. proliferation goals of the Pressler Amend- ship in international affairs. Moreover, removal of the waiver provision ment. The bill also contains numerous earmarks could have unintended consequences, such as Based on a detailed review within the Ad- and substantially restructures our foreign prohibiting humanitarian assistance to the ministration and consultations with Con- aid accounts. We expect international agen- victims of regional conflicts in countries gress, the President has decided to address cies to do their share in the effort to balance such as Armenia. the budget as the President’s budget plan The language regarding restrictions on the this matter on three fronts: makes clear. However, we, the Administra- termination of sanctions against Serbia and First, he strongly supports provisions al- tion, should have the flexibility to apply Montenegro also reflects objectionable ready contained in the House and Senate funds to the programs that provide the best House language carried over in the Senate versions of the Foreign Aid Authorization results. Earmarks in our programs for the bill. The recent combination of NATO’s re- bill that would permit us to resume eco- New Independent States, International Coun- solve and energetic United States leadership nomic assistance and limited military assist- ternarcotics, and economic assistance would on the diplomatic front has led to some en- ance affecting clear U.S. interests (including prevent us from being able to respond to the couraging opportunities for a negotiated set- assistance in peacekeeping, crisis and unexpected requirements of the tlement to the conflict. To prematurely counterterrorism and counternarcotics as post-Cold War world. Further, the propor- close off any avenues that may lead to a dip- well as IMET). tionality requirement in the new Economic lomatic settlement, including adjustments Second, the President has decided to seek Assistance account restricts our ability to to the sanctions regime against Serbia, authority, as provided by an amendment to change the distribution of these funds from would complicate our efforts. be proposed by Senator Brown, that would year to year. We oppose these restrictions. We appreciate the bipartisan interest we release approximately $370 million worth of The bill also contains a number of objec- have seen in improving our relationship with embargoed military equipment purchased by tionable policy provisions. Restrictions on Pakistan. We would support an amendment Pakistan before the imposition of Pressler our ability to contribute to the Korean En- that would permit aid to Pakistan that is in sanctions. This authority would specifically ergy Development Organization (KEDO) our own interest, such as trade promotion, exclude the release of the F–16s. Among the items that would be released are three P–3C

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Orion maritime patrol aircraft, Harpoon missiles at night; however, these 19 heli- Stored anti-ship missiles, counter-mortar radars, copters, so equipped, would hardly offset In- Item Stored value Funding howitzers, and support kits for F–16s and dia’s 2 to 1 advantage (by over 2000 tanks) quantity (mil- source lions) Cobra helicopters already in the Pakistani over Pakistan. inventory. These items will not disturb the The Pakistani F–16s are already equipped Navy subtotal ...... 191 .8 conventional arms balance in South Asia with the AN/ALR–69 radar warning receiver which overwhelmingly favors India. and AN/ALQ–131 electronic counter measures Air Force: Peace Gate II support equip- Finally, the President has decided that, jamming equipment. These are defensive ment, 220E engine kits ...... 30,968 28.5 FMF/Cash. rather than releasing the 28 F–16s to Paki- rather than offensive systems. The ALR–69 Depot engine spares program .... 4,746 8 .0 FMF. stan, he will seek to sell them to a third alerts the pilot that a radar has ‘‘painted’’ ILC kits: Spares for ILC, ALQ– 131, F–100, ALR–69, support 2,035 7.9 FMF/Cash. country and deposit the proceeds of any sale his aircraft; the ALQ–131 electronically de- Peace Gate III support package: in the Pakistan Trust Fund to reimburse, as flects the hostile missile. The ALR–69 and Peculiar support equipment 37 .9 FMF. much as the sale permits, Pakistan’s invest- ALQ–131 kits that would be released would Engine spares ...... 511 9.1 FMF. Spares ...... 154 1.6 FMF. ment in these aircraft. enhance the reliability of these systems Standard support equip- While we recognize that this is not a per- rather than provide any new military capa- ment ...... 67 .4 FMF. fect solution, it is, we believe, the course bility. Peace Gate IV support package: Engine components ...... 14 .1 Cash. which will best help us resolve a difficult Since Pakistan has previously received Developmental support problem with a country which has long been over 200 AIM–9L air-to-air missiles, the re- equipment ...... 144 8.0 Cash. a friend. This is an effort to resolve issues in- lease of 360 more will not provide any new Standard support equip- ment ...... 386 1.2 Cash. volving ‘‘fairness’’ that have become a major capability. Furthermore, India will still Non-standard support irritant in our relationship with Pakistan— enjoy an almost 2 to 1 advantage in jet com- equipment ...... 9 .5 Cash. it is in no way an effort to resume a military bat aircraft over Pakistan to include a bet- Standard spares ...... 204 1.3 Cash. Test equipment ...... NA .1 Cash. supply relationship. Meanwhile, our ability ter than 2 to 1 advantage in aircraft equiva- ALQ–131 pods and spares 20 21.7 Cash. to work with Pakistan to achieve non- lent to the Pakistani F–16s (i.e., MiG–29 and Class A explosives ...... 245,046 1 .5 Cash. proliferation goals is eroding. The status Mirage 2000). Other Air Force items ...... NA 8.2 FMF/Cash. quo, unfortunately, offers few incentives for The 24 howitzers that would be released to Air Force subtotal ...... 98.8 future cooperation or restraint by Paki- Pakistan are M198 155 mm towed howitzers. stan—or by India, whose nuclear and missile Given the fact that the Indian Army has over Grand total ...... 368 programs are also of concern. If we succeed 3000 towed artillery pieces (almost twice the in putting this issue behind us, we will be in number in the Pakistani inventory), 24 more INITIATIVE TO STRENGTHEN RELATIONS WITH a better position to engage Pakistan in a will not make a significant difference. It PAKISTAN constructive way on issues of concern to us, should be noted that during the nearly five After extensive review and consultations particularly nonproliferation. years that these howitzers were embargoed, with Congress, President Clinton has decided The second aspect of this three-part ef- India acquired over 250 equivalent artillery to support legislation to permit a stronger fort—embodied in Senator Brown’s pending pieces from Czechoslovakia and Russia/ and more flexible relationship with Paki- amendment to provide authority to release USSR. stan, while maintaining the nonproliferation the embargoed Pakistan equipment other In regard to MK–46 torpedoes, Pakistan goals of the Pressler Amendment. than the F–16s—may be coming to a vote will receive parts that constitute less than The President’s decision builds on provi- very shortly. I urge you to support our ef- one operational MK–46. sions already in the House and Senate forts to resolve this problem by supporting As for the 2.75″ rockets, these constitute a versions of the Foreign Aid Authorization Senator Brown’s amendment when it is of- resupply of ammunition for one of the weap- bills, which would permit the United States fered. ons systems on the Pakistani Cobra heli- to resume economic assistance and limited Sincerely, copters—they do not give Pakistan any new forms of military assistance (including WILLIAM J. PERRY. capability. IMET, counternarcotics, counterterrorism and peacekeeping assistance) to Pakistan. PUTTING THE RELEASE OF EMBARGOED BROWN AMENDMENT TEXT The President has decided to seek author- PAKISTANI EQUIPMENT INTO PERSPECTIVE Add the following subparagraph to section ity, as provided for in legislation proposed by The total package has a value of $368 mil- 620E of the Foreign Assistance Act of 1961: Senator Brown, to release to Pakistan ap- lion—not $700 million as has been reported. ( ) Applicability.—(a) The restrictions of proximately $370 million in military equip- Although the P–3C Orion provides a long- section 620E(e) of the Foreign Assistance Act ment, exclusive of F–16s, contracted for by range offensive capability, three aircraft of 1961 shall continue to apply to contracts Pakistan prior to the imposition of Pressler would hardly disturb India’s nearly 2 to 1 ad- for the delivery of F–16 aircraft to Pakistan. sanctions in October, 1990. vantage over Pakistan in naval systems: (b) Notwithstanding the restrictions con- This equipment includes air-to-air and It is claimed that the P–3s provide a ‘‘le- tained in section 620E(e), military equip- anti-ship missiles, radars, howitzers, three thal stand off capability’’ against Indian ment, technology or defense services, other P–3C Orion Aircraft, and support kits for the naval targets as far south as Cochin; how- than F–16 aircraft, may be transferred to F–16s already in Pakistan’s inventory. This ever, it should be noted that because the Pakistan pursuant to contracts of cases en- non-strategic equipment does not have the Pakistan Navy has no aircraft carriers (of tered into before October 1, 1990. symbolism that the F–16s have come to ac- which the Indian Navy has two), the Paki- IMPACT OF THE BROWN AMENDMENT quire in the region. Release of this equip- stanis would be unable to provide fighters to The proposed legislation would authorize ment would be a one-time exemption to the escort these slow aircraft when operating at the release of approximately $368 million Pressler Amendment. We do not seek repeal such a great distance from Karachi—thus worth of military equipment purchased by of the Amendment or a resumed military leaving them vulnerable to interception by Pakistan before the imposition of Pressler supply relationship with Pakistan. either land-based Indian Air Force fighters sanctions (1 October 1995) but not delivered The President also decided not to seek re- or carrier based Indian Navy aircraft. lease of the 28 F–16s in the pipeline. Instead, It is incorrect to say that the P–3C rep- to Pakistan due to Pressler sanctions. Spe- cifically prohibited from release to Pakistan he will seek to sell the aircraft and return resent a new weapons system for the region the proceeds of any sale to Pakistan, to re- as the Indian Navy already has two squad- under this legislation are the 28 Pakistani F–16s. Items to be released include: imburse as much as possible of the $684 mil- rons of similar maritime patrol aircraft that lion that Pakistan has expended on these include five Il–38 (the Russian version of the Stored aircraft. P–3) and eight Tu–142 Bear F aircraft. While Item Stored value Funding Putting these issues behind us will permit these aircraft do not have a system equiva- quantity (mil- source lions) a more normal and productive relationship lent to the Harpoon, they do have equipment between Washington and Islamabad, without to locate submarines and are capable of Army: which real progress on nonproliferation and launching torpedoes. C–NITE modification kits ...... 18 $24 .1 FMF. other issues of importance to the United The Indian Navy also possesses an anti- M198 Howitzers ...... 24 18.7 FMF/Cash. TPQ–36 radars ...... 4 10.5 FMF. States will remain difficult. ship missile, the Sea Eagle, which is similar M-Series rebuild parts ...... NA 6.8 FMF. Finally, in making his decision, the Presi- to the Harpoon. Although not capable of TOW launchers ...... 135 6.1 FMF. dent stressed the importance of there being being launched from the maritime patrol air- 2.75 inch rockets ...... 16,720 9.4 FMF. Miscellaneous Army items ...... NA 1.7 FMF/Cash. no substantial change in the status quo in craft mentioned above, the Indian Sea Eagles Pakistan with regard to nonproliferation can be carried on the Sea Harrier jets and Army subtotal ...... 77 .4 issues of concern to the United States. In the Sea King helicopters which operate from particular, we expect that Pakistan will ex- India’s two aircraft carriers—thus giving the Navy: P–3C aircraft ...... 3 138 .1 FMF. ercise restraint in the nuclear and missile Indian Navy a more formidable long-range Harpoon missiles ...... 28 30.8 FMF/Cash. areas. strike capability than that provided by three AIM–9L missile components ...... 360 19.7 FMF/Cash. P–3s. MK–46/Mod 2 torpedo compo- Mr. HARKIN. On July 28, to the Na- nents ...... NA .1 Cash. C–NITE would enable Pak Cobra heli- Miscellaneous Navy items ...... NA 2.1 FMF/Cash. tional Press Club, Secretary of State copters to launch TOW 2 anti-tank guided Christopher responds to a question.

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14000 CONGRESSIONAL RECORD — SENATE September 21, 1995 This gets to the heart of the arguments I want to review for my colleagues needs to consolidate the prodemocracy made by the Senator from Ohio and the some of the proposals that Pakistan forces in Pakistan, then we have to put Senator from Michigan about the so- has put forward, going back over 20 this behind us. called evidence that justifies the impo- years. First of all, Pakistan proposed This will do more to help promote a sitions of sanctions. to establish a nuclear-weapons-free regional solution to these problems Here was the question: zone in south Asia in 1974. than anything else we can do. Will the Clinton administration order addi- In 1978, they proposed to issue a joint It is simply a question of fairness and tional sanctions against China for supplying Indo-Pakistan declaration renouncing equity. I hope that the vote will be missile technology to Pakistan and Iran? the acquisition and manufacturing of SECRETARY CHRISTOPHER. As I mentioned overwhelming, overwhelming in favor in my remarks, we are concerned about pro- nuclear weapons. of the Brown amendment. Let Pakistan liferation issues, and we are certainly con- In 1979, they proposed to have mutual know we will not turn our backs on cerned about it as they relate to South Asia. inspections by India and Pakistan of Pakistan after all of these years of We monitor it very carefully and very close- nuclear facilities. friendship and support that Pakistan ly. Also in 1979, they proposed simulta- has given to us. At the present time, although there is a neous adherence to the Non-Prolifera- I yield back whatever time is remain- fairly large body of evidence, we do not tion Treaty by India and Pakistan. think there is the evidence there that would ing. I thank the Senator from Colorado justify the imposition of sanctions. Again in 1979, they proposed to en- for his leadership on this. dorse a simultaneous acceptance of I ask unanimous consent that that be Mr. GLENN. Mr. President, I yield 2 full-scope international atomic energy printed in the RECORD, also. minutes to the distinguished Senator safeguards and to have the IAEA do in- There being no objection, the mate- from Illinois, Senator SIMON. rial was ordered to be printed in the spections. They proposed, also in 1987, an agree- Mr. SIMON. Mr. President, I will vote RECORD, as follows: ment on a bilateral or regional nuclear against the Brown amendment, though ADDRESS BY SECRETARY OF STATE WARREN I agree with much of what my col- CHRISTOPHER ON U.S. NATIONAL INTEREST IN test ban treaty. In 1991, Pakistan proposed to com- league from Iowa has to say. I will vote THE ASIA-PACIFIC REGION, NATIONAL PRESS against any weapons in any amend- CLUB, WASHINGTON, DC, JULY 28, 1995 mence a multilateral conference on the ment that go to Pakistan or India or QUESTION. Will the Clinton Administration question of nuclear proliferation in order additional sanctions against China for south Asia. China until we get this nuclear thing supplying missile technology to Pakistan A couple years ago, they proposed to worked out. and Iran? create a missile-free zone in all of Many of the things that Senator Secretary CHRISTOPHER. As I mentioned in south Asia. HARKIN says are correct; for example, my remarks, we are concerned about pro- Pakistan has proposed all this. What Pakistan and India, Pakistan sug- liferation issues, and we are certainly con- gesting that they have mutual inspec- cerned about it as they relate to South Asia. is the stumbling block? India will not We monitor it very carefully and very close- accept any of these. They are the ones tion of nuclear facilities and so forth. ly. that have said ‘‘no’’ to all of these pro- The difficulty is India also fears China. At the present time, although there is a posals. Yet, we are the ones that are There has to be a tripartite agreement. fairly large body of evidence, we do not sticking it to Pakistan. I do not under- I think that necessarily means United think there is the evidence there that would stand this at all. It seems to me that States leadership working together justify the imposition of sanctions. But I with Russia to bring that about. want to assure all that we feel an obligation this is the kind of regime that we want to keep this matter carefully under review in south Asia. We ought to be behind There is no question Pakistan has and to follow and comply with the law in these proposals, and we ought to be some legitimate grievances. We ought this regard. using our influence with India and to get those worked out. I think the Mr. HARKIN. Again, I want to point other countries in that area to agree Feinstein amendment that is going to out that under the missile technology with Pakistan, to sit down and nego- be coming along shortly will help to Control Regime, which has been talked tiate these proposals, which were made move in that direction. about by the Senator from Michigan in good faith by Pakistan. We want to maintain friendship with and the Senator from Ohio, even under Last, Mr. President, two quotes, first Pakistan. Pakistan has moved from a that, even if MTCR sanctions were im- by President Clinton, April 11, 1995: dictatorship to a functioning democ- posed tomorrow, all of the items in the I don’t think what happened was fair to racy. Like all functioning democracies, Brown amendment could still go to Pakistan in terms of the money . . . I don’t it has problems. We ought to be work- Pakistan, because MTCR violations think it is right for us to keep the money ing with Pakistan more closely. only prohibited new licenses to Paki- and the equipment. That is not right. And I However, I do not think we ought to stan and China. These items were al- am going to try to find a resolution to it. I be sending weapons to any one of the don’t like this. ready licensed in the 1980’s. three parties, who now have the great- Again, Mr. President, there is a lot of President Clinton, April 11, 1995. est nuclear threat, I think, anywhere talk about Pakistan not admitting cer- That is exactly what the Brown amend- in the world. ment does. tain things. I think the Senator from I think it would be a mistake to ap- The PRESIDING OFFICER. The time Colorado answered that quite ade- prove the Brown amendment. of the Senator has expired. quately. Mr. GLENN. How much time is re- Again I would just ask a question: Mr. BROWN. Mr. President, I yield to maining? Has India ever admitted that they have the Senator from Iowa 2 additional a nuclear weapon? We know that they minutes. The PRESIDING OFFICER. The detonated one in 1974. Has India ever Mr. HARKIN. Mr. President, the Chair will advise the Senator from admitted that they have a nuclear President is supporting the Brown Ohio that his side has 15 minutes. weapon? If not, are they lying to us, amendment because it reflects exactly Mr. GLENN. I yield 3 minutes to Sen- also? what President Clinton said April 11. ator LEVIN. I think that is enough of that. Mr. On the same date, Prime Minister Mr. LEVIN. I thank the Chair and my President, I want to close my remarks Bhutto said: friend from Ohio. by pointing out that Pakistan has al- The Pressler amendment has been a dis- Mr. President, the Brown amendment ways gone the extra mile to try to get incentive for a regional solution to the pro- moves us in the opposite direction of a reasonable solution and compromise liferation issue. trying to restrain missile proliferation. in that part of the world with India. April 11, 1995, Prime Minister Bhutto. We have a law on our books and it says Let us keep in mind what we are talk- Mr. President, it is time to put this that where there is a determination ing about here. We have India, a large behind us. It is time for fairness and that a transfer of a missile with a cer- nation with 981 million people, con- equity. It is time to recognize that if tain range and payload has been made fronting Pakistan, a small country we want to support the democratic that we will then impose sanctions. with only about 125 million people. We forces in Pakistan, if we want to give There is a large body of evidence. It have to kind of keep that in context. Prime Minister Bhutto the support she is up on the fourth floor. We have had three briefings. The briefers left the

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14001 material for us to look at. It is right place that send a clear message that They offer for Pakistan ‘‘exactly as Dr. there, a couple floors above us, for any Pakistan is paying a price for having Tanham pointed out, an equalizing hand in of us to look at, to see whether or not developed weapons. trying to somehow correct the subconti- each of us are satisfied that, in fact, a Mr. President, the aspect of this that nental mismatch of conventional weaponry capability and geographical reality.’’ missile of a certain range and payload needs Members’ attention is this: We in excess of the missile technology con- have sanctions that will sanction Paki- So, again, I have gone over this list. trol regime has been transferred from stan for developing nuclear weapons, I do not know if anyone has ever put it China to Pakistan. Under American but we do not have sanctions that will in the RECORD. But of the military law, if that occurs, sanctions are sup- sanction India for developing nuclear equipment, adding to about $368 mil- posed to be imposed. weapons. They are two nations, side by lion, the biggest items are three P-C3 Now, what the Brown amendment side. aircraft, four-engine turboprop air- does is take us in the opposite direc- The fact is, Pakistan’s program lit- craft. They are very slow aircraft. tion. It would have us amend Pressler, erally came about in part because India They do not have the capability in any to then allow for the transfer of signifi- was Pakistan’s adversary and India de- way to threaten India, and I would be cant military equipment to Pakistan. veloped nuclear weapons. We cannot ig- glad to get into a discussion with any- Instead of looking at this evidence nore that when you think about trying one if they would like to discuss that. and deciding whether or not it proves to solve this problem. I want to make sure this is in the incontrovertible that there has been a There has been a lot of concern RECORD. I ask unanimous consent a list transfer of missiles in excess of the raised about missiles. That is a valid of the items be printed in the RECORD range and payload that is provided for concern. I think we need to do more in and also a description of these items be in the missile technology control re- that area. printed in the RECORD at this point. There being no objection, the mate- gime which we have incorporated in Mr. President, you cannot talk about rial was ordered to be printed in the our law, the amendment before the it in a vacuum. The fact is, Pakistan RECORD, as follows: Senate would say that still could developed their program after India de- apply, but we will move in exactly the veloped weapons, and there are strong PUTTING THE RELEASE OF EMBARGOED PAKISTANI EQUIPMENT INTO PERSPECTIVE opposite direction. indications that the potential of Paki- This amendment makes a mockery— stan’s missiles, if they have them and The total package has a value of $368 mil- if they uncrate them, is somewhat lion—not $700 million as has been reported. if it passes this Senate—will make a Although the P–3C Orion provides a long- mockery of our efforts to restrain the similar to what the potential of the In- range offensive capability, three aircraft proliferation of missiles. That is the dian missiles are. If anything, India would hardly disturb India’s nearly 2 to 1 ad- issue before the Senate. It is American has stronger missiles. vantage over Pakistan in naval systems: law. American law says if there is a You cannot talk about this in a vacu- It is claimed that the P–3s provide a ‘‘le- transfer of a missile or missiles that um. If you do talk about it in a vacuum thal stand off capability’’ against Indian meet certain tests, sanctions will be and you think about it in a vacuum, naval targets as far south as Cochin; how- you are doomed to failure. We want a ever, it should be noted that because the imposed. Pakistan Navy has no aircraft carriers (of I do not think we can in good con- nonproliferation program that works, that is effective. which the Indian Navy has two), the Paki- science say that we are fighting the stanis would be unable to provide fighters to proliferation of missiles if we ignore The PRESIDING OFFICER. The 2 escort these slow aircraft when operating at that evidence two floors above us, if we minutes of the Senator has expired. such a great distance from Karachi—thus do not take the time to at least look at Mr. BROWN. Mr. President, I yield 3 leaving them vulnerable to interception by that evidence two floors above us, and minutes to the Senator from Iowa. either land-based Indian Air Force fighters The PRESIDING OFFICER. The instead of acting on it, whatever our or carrier based Indian Navy aircraft. Chair recognizes the Senator from It is incorrect to say that the P–3C rep- conclusions are, under American law, Iowa. resent a new weapons system for the region we move in exactly the opposite direc- Mr. HARKIN. Mr. President, I want as the Indian navy already has two squad- tion, amend Pressler, allow for the to respond, perhaps, to my colleague rons of similar maritime patrol aircraft that transfer of military equipment which from Illinois who talked about the include five II–38 (the Russian version of the otherwise could not be transferred. P–3) and eight Tu–142 Bear F aircraft. While weapons going to Pakistan. I have these aircraft do not have a system equiva- That is the issue before this Senate. looked over the list of the items that I hope we will adopt the Feinstein lent to the Harpoon, they do have equipment are going. I thought I might, just for amendment, which will provide that to locate submarines and are capable of the RECORD, point out what some peo- launching torpedoes. any appropriate funds that are owed to ple have said about these items. All of The Indian Navy also possesses an anti- Pakistan that they have given to us, the experts agree, it will not in any ship missile, the Sea Eagle, which is similar whatever is equitable, be returned to way upset the regional balance. to the Harpoon. Although not capable of Pakistan, without trashing the missile Steve Cohen is the director of pro- being launched from the maritime patrol air- technology control regime. craft mentioned above, the Indian Sea Eagles gram in arms control, disarmament can be carried on the Sea Harrier jets and the I thank the Chair. and international security at the Uni- Mr. BROWN. Mr. President, I yield Sea King helicopters which operate from In- versity of Illinois. He said, myself 2 minutes. dia’s two aircraft carriers—thus giving the Mr. President, I want to deal with an In terms of the regional military balance, Indian Navy a more formidable long-range I don’t think that the release of this mili- strike capability than that provided by three aspect of this that I think is a funda- tary equipment . . . will have . . . significant P–3s. mental problem because we have not impact on the balance one way or the other. C–NITE would enable Pak Cobra heli- addressed it, and maybe we have not George Tanham, who was a vice copters to launch TOW 2 anti-tank guided addressed it for a good reason. president of the Rand Corp., says, ‘‘I missiles at night; however, these 19 heli- copters, so equipped, would hardly offset In- This amendment is about fairness agree.’’ He said: and about the inequity of keeping both dia’s 2 to 1 advantage (by over 2000 tanks) In fact, there is no balance now. India their money and their arms. I think over Pakistan. dominates so strongly. They have twice as The Pakistani F–16s are already equipped Americans will respond strongly to large an army as Pakistan, twice as large an with an AN/ALR–69 radar warning receiver that. They understand it, and would be Air Force, twice as large a Navy, twice as and AN/ALQ–131 electronic counter measures outraged at any retailer who did the many tanks, twice as many airplanes. * * * jamming equipment. These are defensive same thing or anyone who signed con- India has overwhelming strength. rather than offensive systems. The ALR–69 tracts to sell as well. So this small amount of equipment alerts the pilot that a radar has ‘‘painted’’ Other Members have brought up sig- will not upset any balance. All of the his aircraft; the ALQ–131 electronically de- nificant issues and concerns about experts basically agree that this flects the hostile missile. The ALR–69 and arms in Southeast Asia. That is appro- amount of items that we are sending ALQ–131 kits that would be released would enhance the reliability of these systems priate, and they should, and it ought to over there would not in any way upset rather than provide any new military capa- be a concern. It is why I made sure that regional balance. bility. with the adoption of this amendment James Clad, professor at Georgetown Since Pakistan has previously received that very strong sanctions stay in University said: over 200 AIM–9L air-to-missiles, the release

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14002 CONGRESSIONAL RECORD — SENATE September 21, 1995 of 360 more will not provide any new capa- The PRESIDING OFFICER. The time tion of nuclear weapons.’’ That is not bility. Furthermore, India will still enjoy an of the Senator has expired. true. That was a statement made by almost 2 to 1 advantage in jet combat air- Who yields time? The Chair recog- the Pakistani Foreign Minister in 1994. craft over Pakistan to include a better than 2 to 1 advantage in aircraft equivalent to the nizes the Senator from Ohio. It is simply not true. Pakistani F–16s (i.e., MiG–29 and Mirage Mr. GLENN. Mr. President, I yield 5 ‘‘I want to say categorically and fi- 2000). minutes to the distinguished Senator nally that Pakistan has not made nu- The 24 howitzers that would be released to from California. I would like to make clear weapons. Pakistan does not in- Pakistan are M198 155 mm towed howitzers. one remark. For those who were not at tend to make nuclear weapons.’’ The Given the fact that the Indian Army has over the briefing yesterday—most of the Pakistani Foreign Minister, 1994. That 3000 towed artillery pieces (almost twice the Senate, by far; we had just a few up in number in the Pakistani inventory), 24 more statement is categorically untrue. will not make a significant difference. It S–407—I urge people to go up and look ‘‘We have made a sovereign decision would be noted that during the nearly five at the chart, look at the information not to produce nuclear weapons.’’ years that these howitzers were embargoed, we retained. It is available in S–407 Again, a foreign ministry spokesman— India acquired over 250 equivalent artillery right now. You could look at it before untrue. pieces from Czechoslovakia and Russia/ you come to the floor to vote. I yield to ‘‘We have not detonated one, nor USSR. the Senator from California. In regard to MK–47 torpedoes, Pakistan have we got nuclear weapons. Being a will receive part that constitute less that Mrs. FEINSTEIN. Mr. President, I responsible state and state committed one operational MK–46. want to tell you how I look at this. If to nonproliferation, we in Pakistan, As for the 2.75′′ rockets, these constitute a one were to take the top trouble spots through five successive governments, resupply of ammunition for one of the weap- of the world and say which are most have taken a policy decision to follow ons systems on the Pakistani Cobra heli- likely to have a nuclear confrontation, a peaceful nuclear program.’’ copters—they do not give Pakistan any new I would have to name India and Paki- capability. I do not believe, based on three clas- stan as one of the top two. sified briefings, that these statements So what are we doing? We are adding are true and correct. Therefore, I be- MILITARY EQUIPMENT (LESS F–16 AIRCRAFT) PURCHASED to the arsenal of one of those two coun- lieve it is a mistake in judgment to add BY PAKISTAN BUT NOT DELIVERED DUE TO PRESSLER tries at a very sensitive time, at a time to the proliferation in the area by put- SANCTIONS which is a few months before a general ting sophisticated weaponry in the election in India, when flames of ha- Stored hands of one of these countries at a Stored value Funding tred between the two countries are now time where there is a very sensitive Item quantity (mil- source being fanned by politicians on both lions) and very difficult situation between sides of the India-Pakistani border. We the two countries. Army: are taking this time and we are send- C–NITE modification kits ...... 18 $24 .1 FMF. I yield my time. M198 Howitzers ...... 24 18.7 FMF/Cash. ing several hundred million dollars Mr. HARKIN. May I ask the Senator TPQ–36 radars ...... 4 10.5 FMF. worth of equipment. M-Series rebuild parts ...... NA 6.8 FMF. to yield? The P–3C aircraft capable of sophisti- TOW launchers ...... 135 6.1 FMF. Mr. BROWN. I yield to the Senator 2.75 inch rockets ...... 16,720 9.4 FMF. cated surveillance; the 28 Harpoon mis- Miscellaneous Army items ...... NA 1.7 FMF/Cash. from Iowa 2 additional minutes. siles capable of air-to-surface or sur- The PRESIDING OFFICER. The Army subtotal ...... 77 .4 face-to-surface launch; 360 AIM–9L sur- Chair recognizes the Senator from face-to-air missiles; 135 TOW–2 missile Navy: Iowa. P–3C aircraft ...... 3 139 .1 FMF. launchers; spare parts for F–16’s, and Harpoon missiles ...... 28 30.8 FMF/Cash. Mr. HARKIN. Mr. President, surely AIM–9L missile components ...... 360 19.7 FMF/Cash. other sophisticated equipment, and we MK–46/Mod 2 torpedo compo- are launching that into the middle of the Senator from California does not nents ...... NA .1 Cash. want to imply in any way that the arti- Miscellaneous Navy items ...... NA 2.1 FMF/Cash. this situation. I heard the same experts testify. cles on this list add one iota to any nu- Navy subtotal ...... 191 .8 None of them could answer the ques- clear capability of Pakistan? That is Air Force: tion, ‘‘What does India do, then?’’ That simply—that belies common sense. You Peace Gate II support equip- can look at the list. There is nothing ment, 220E engine kits ...... 30,968 28.5 FMF/Cash. seems to me to be the central question. Depot engine spares program .... 4,746 8 .0 FMF. I will tell you what I think India on there that has anything to do with ILC kits: Spares for ILC, ALQ– nuclear proliferation or nuclear weap- 131, F–100, ALR–69, support 2,035 7.9 FMF/Cash. does. I think India deploys the Prithvi Peace Gate III support package: missile. That certainly changes the onry. Talk about a P–3C aircraft as Peculiar support equipment 37 .9 FMF. being some kind of offensive aircraft? I Engine spares ...... 511 9.1 FMF. balance in the area, if it happens. And Spares ...... 154 1.6 FMF. that is a very likely result of what we happen to have flown in P–3 aircraft. It Standard support equip- is a four-engine turbo-prop, basically ment ...... 67 .4 FMF. are doing here today. Peace Gate IV support package: Is Pakistan a friend? Yes. Has Paki- built as an antisubmarine reconnais- Engine components ...... 14 .1 Cash. sance aircraft. The fact is that India Developmental support stan been helpful in a number of dif- equipment ...... 144 8.0 Cash. ferent pursuits? Yes. already has two squadrons of similar Standard support equip- type of patrol aircraft. I also point out ment ...... 386 1.2 Cash. I say there is a way we can say thank Non-standard support you in an amendment which some of us that India has two aircraft carriers equipment ...... 9 .5 Cash. Standard spares ...... 204 1.3 Cash. will offer following this amendment, which Pakistan does not have. Test equipment ...... NA .1 Cash. that will take what I consider to be the They talk about the P–3 aircraft ALQ–131 pods and spares 20 21.7 Cash. Class A explosives ...... 245,046 1 .5 Cash. good parts of the Brown amendment, being able to penetrate and go as far Other Air Force items ...... NA 8.2 FMF/Cash. the economic help, the military net- south as Cochin in India. The fact is Air Force subtotal ...... 98.8 working, the antiterrorism help, the that it would have to do so without any antinarcotic help, and also carry with fighter escorts whatsoever. This is a Grand total ...... 368 it a sense of the Senate that will say, very slow airplane. India could shoot that thing down in a minute. Mr. HARKIN. Mr. President, I would the honorable thing and the fair thing just point out that, given the over- for us to do is sell the F–16’s, repay the So the arguments made by the Sen- whelming superiority of India in this money to Pakistan, and provide what- ator from California I find are just off case, the small amount of items we are ever equity requires. That is the right the mark because this in no way dis- sending over in no way upsets the re- thing to do. That is something that is rupts any balance or in any way adds gional balance whatsoever. Keep in not going to change the balance of to any kind of nuclear capability what- mind again: India, at 981 million peo- power. soever. ple; Pakistan, 125 million people. The So, I believe very strongly that the I yield back any time I may have. imbalance is already there on India’s Brown amendment is a mistake. I have Mr. GLENN. Mr. President, I yield to side. had three security briefings. Those the Senator from Massachusetts 2 min- It is interesting to note in all this de- briefings run directly counter to state- utes. bate, we talk about MTCR sanctions on ments made by Pakistan. Let me tell Before of I yield, I yield myself such Pakistan but no one is trying to put you what they run directly counter to. time as I may require. the sanctions on China. I make that ‘‘We are a very responsible country I would just add that a good part of note for the record. and we do not believe in the prolifera- this package is F–16 parts to keep the

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14003 ment they want to take delivery of—it The proposed transfer of military F–16’s flying. They are a nuclear deliv- is about the credibility of our entire hardware not only contradicts the ery system. That is the part of this nuclear non-proliferation policy. Pressler ban, it also fails to meet the that is very critical. The proposal before us rewards a standards of the licensing policy for The PRESIDING OFFICER. The country that repeatedly lied to us commercial military sales to Pakistan. Chair recognizes the Senator from Mas- about its nuclear ambitions. It tells I might add that many in Congress sachusetts. other would-be nuclear states that strenuously objected to the Bush ad- Mr. KERRY. Mr. President, I thank there is no price to be paid for seeking ministration’s decision to license com- the Senator from Ohio. the most destabilizing weapon a coun- mercial sales in the first place. Under Mr. President, I believe the amend- try can acquire. that policy, any equipment which ment of the Senator from Colorado is a Mr. President, I want to make clear could upgrade Pakistan’s military ca- great mistake. The question is really a my view that Pakistan was a valuable pability is to be denied a license. By very simple question. Why would you ally in resisting the Soviet occupation the administration’s own admission, relax sanctions that were put in place of neighboring Afghanistan. In the many of the items they want to trans- because of one proliferation problem at course of our common fight against So- fer now would be denied a license ac- the exact moment when Pakistan is in- viet expansionism, we forged a stra- cording to this standard. volved in another proliferation issue? tegic relationship that served both of There you have it. The administra- Every one of us understands the reality our countries. tion is willing to eviscerate the Press- from briefings and otherwise about the But, Mr. President, the Soviet threat ler amendment, and it is willing to M–11 controversy. In 1989, Pakistan was not the sole concern in our deal- waive its already lax standards while knew exactly what the sanctions would ings with Pakistan in the 1980s. getting nothing in return. be and exactly what the results would Throughout this period, this body re- If we are asked to undo a decade-old be with respect to a continued nuclear peatedly expressed its concerns regard- pillar of our non-proliferation policy, development program, and they knew ing Pakistan’s nuclear program. It is then the least we can ask for are some in 1995 what the consequences would be instructive to examine the record, be- restraints on Pakistan’s nuclear pro- of pursuing ballistic missiles. They cause what many people forget is that gram. have done both. We know they have at the time we were given ironclad as- I expect that some will say that done both. surances that Pakistan was not pur- Pakistan already paid for this equip- So, if we send a message that we are suing nuclear capability. ment—it is rightfully theirs, and we willing to undo the sanctions on the In fact, the Reagan administration ought to send the goods or return the first proliferation issue, we are making told us that if we did not amply supply money. Setting aside the argument it very clear that the second prolifera- Pakistan with military hardware, then that Pakistan knew a situation like tion issue does not matter at all, I we would be encouraging it to pursue this would result if it failed to be cer- think. It is really that simple. And the nuclear option. Thus, high levels of tified, I would favor finding a way to when you couple that with what the assistance to Pakistan became an inte- compensate Pakistan in some manner. Senator from Ohio just said with re- I would propose that the administra- gral part of our nuclear nonprolifera- spect to the nuclear delivery capacity tion sell this equipment to third par- tion policy. and the type of weapons being sent, it ties, and send the proceeds from such Well, Mr. President, we supplied is a mistake. sales to Pakistan, just as it plans to do Pakistan with over $4 billion in mili- The Senator from California is abso- in the case of the F–16s. lutely correct. There is a matter of eq- tary and economic aid during the Mr. President, invoking the Pressler uity here. It is unfair for the United eighties, and I must say that I have yet amendment achieved what billions of States to hold onto money which they to see any evidence that massive Amer- aid dollars could not—a halt to fissile delivered for products. So, obviously, ican aid in any way deterred Paki- material production by Pakistan. Con- we ought to rectify that as a matter of stan’s nuclear program. gress is not always right, but in this fairness and as a matter of proper judg- One could argue that our assistance case we were. ment and proper relationships, and we had the opposite effect. It freed up re- Now is not the time to discard a pol- need to cooperate with Pakistan. There sources which would otherwise have icy that has worked. Press reports indi- is much we have in common and that been used for conventional defenses. cate that Pakistan has clandestinely we want to work on. But it would be an And in fact, if you piece together the acquired M–11 missiles from China, enormous mistake. We do not have a evidence, you will find that Pakistan’s that it is quietly cooperating with relationship with India with respect to greatest nuclear strides correspond Iran’s nuclear ambitions, and that it the selling of weapons. And we have al- with the highest levels of American has openly engaged in military exer- ways had a certain tension over West- aid. This can only lead you to conclude cises with Iran. ern nuclear program proliferations. that we helped to underwrite the Paki- Mr. President, unless we reject the We must hold the line on the ques- stani bomb. Brown amendment, we will be putting tion of people who break the law when The proposal which is before us today our imprimatur on these very dan- we say that there will be a certain set at the request of the Clinton adminis- gerous developments. of sanctions if certain actions are tration strikes me as suffering from The late Zulfikar Ali Bhutto, the taken and, notwithstanding those the same flawed logic as those ad- present prime minister’s father, once warnings, those actions are taken. To vanced during the Reagan and Bush ad- declared that his countrymen would do anything less than that would make ministrations. In exchange for easing eat grass in order to acquire nuclear a mockery of nonproliferation efforts. the Pressler ban, we are getting abso- capability. And Mr. President, Paki- I thank the Senator from Ohio. lutely nothing to address our non-pro- stan, like neighboring India, has more Mr. BIDEN. Mr. President, I rise in liferation concerns: No rollback, no or less followed through on this prom- strong opposition to the amendment of freeze, not even a pause. The sup- ise. It has built a clandestine nuclear the senior Senator from Colorado. porters of this amendment want to lav- weapons program of unknown safety at I am deeply concerned about the sig- ish Pakistan with destabilizing conven- tremendous cost, while doing nothing nal that adoption of this amendment tional weapons while that country pro- to improve the plight of its tens of mil- would send to the rest of the world, ceeds full throttle with its nuclear pro- lions of citizens trapped in poverty. particularly to the numerous countries gram. Well, Mr. President, if Pakistan’s with nuclear ambitions. The effect of The Pressler amendment unambig- leaders choose to sacrifice the greater allowing the proposed transfer of so- uously states that no assistance can be welfare of their people to further de- phisticated military equipment and the supplied to Pakistan unless the Presi- velop a nuclear arsenal, then that is a resumption of economic aid would be dent certifies that Pakistan does not decision they will need to justify to to legitimize Pakistan’s nuclear pro- possess a nuclear explosive device. It is their citizens. We should not make gram. unambiguous. It does not allow for any their job any easier in this regard. Un- The issue here is much larger than fudging. And fudging is what the fortunately, that would be the effect of just Pakistan and the military equip- Brown amendment amounts to. resuming economic assistance.

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14004 CONGRESSIONAL RECORD — SENATE September 21, 1995 I fully understand the complex secu- MILITARY EQUIPMENT (LESS F–16 AIRCRAFT) PURCHASED late our nonproliferation laws. And to rity situation that exists among India, BY PAKISTAN BUT NOT DELIVERED DUE TO PRESSLER claim that fairness requires that we ig- Pakistan, and China. And I believe that SANCTIONS—Continued nore a violation of our laws time after we should be doing more to address the time after time and not telling us the Stored sources of instability among these Stored value Funding truth about what was going on, is to three countries if we are to success- Item quantity (mil- source just condone behavior that we do not fully deal with the nuclear menace in lions) want to see exist. So I will not support that part of the world. Non-standard support changing our laws just to accommo- But I do not think that the nuclear equipment ...... 9 .5 Cash. Standard spares ...... 204 1.3 Cash. date violations of our nonproliferation capability of Pakistan’s neighbors Test equipment ...... NA .1 Cash. laws. should be an excuse for not enforcing ALQ–131 pods and spares 20 21.7 Cash. Class A explosives ...... 245,046 1 .5 Cash. Mr. President, this is not a matter of our laws with respect to Pakistan. Other Air Force items ...... NA 8.2 FMF/Cash. fairness that we are talking about. It is The fact is there is no Pressler Air Force subtotal ...... 98.8 a matter of nonproliferation. Are we amendment for India, but there are going to have a nonproliferation policy laws that have been used to invoke Grand total ...... 368 for the United States of America and sanctions to blunt India’s nuclear mean it? Or are we not? And that is the weapons ambitions. I would also note Mr. BROWN. Mr. President, how question. that India, unlike Pakistan, did not re- much time remains? I want to give Pakistan’s money The PRESIDING OFFICER. There ceive billions of dollars in aid for the back even though most of it was paid expressed purpose of preventing the de- are 4 minutes on each side. Mr. BROWN. Mr. President, I having in after the Pressler amendment was velopment of a nuclear weapon. passed, so they knew what they were The point is that we have to uphold offered the amendment, and I would like to close and retain the remainder doing. They are not dummies. They the laws that are on our books. Paki- knew exactly what they were doing. stan was well aware of the Pressler of my time. Mr. GLENN addressed the Chair. Now they want to say—they got caught amendment. It supported the amend- and want us to make them whole. I ment’s adoption. And it chose to ignore The PRESIDING OFFICER. The Chair recognizes the Senator from want to see them get their money the consequences of non-compliance back—if we can sell the airplanes to with the amendment. Ohio. Mr. GLENN. Mr. President, I yield somebody else. It is that simple. And it is up to us to To stand back and make a mockery demonstrate that on an issue of such myself such time as I may require. Mr. President, there appears to be no of our nonproliferation laws when we vital importance to our national secu- appreciation in the remarks on the have 178 other nations signed up under rity, we mean what we say. NPT and are trusting us to deal with Mr. President, we must not reward Senate floor by the supporters of the them fairly—that is the issue. Are we a the kind of behavior Pakistan has dem- Brown amendment of the history of nation that stands for nonproliferation onstrated. Others are watching this de- Pakistan’s violation of our laws. I do and backs up the laws we have to that bate closely, and how we act in this sit- not condone India’s nuclear weapons effect, or are we not? That is what this uation could well affect the decisions program, and I do not think there is vote is all about. of many other potential nuclear states. any Senator in the Senate who has Mr. GLENN. Mr. President, I ask been more outspoken about that mat- I know Senator Pressler is on the unanimous consent to have printed in ter than I have. floor. I was in opposition to India’s pro- How much time do I have remaining? the RECORD a table identifying the The PRESIDING OFFICER. The Sen- military items to be transfered to gram. I led the fight in 1980 that ulti- ator has no time remaining. Pakistan pursuant to the amendment. mately resulted in the cutoff of nuclear There being no objection, the table materials to India because of her Mr. PRESSLER. I ask unanimous was ordered to be printed in the guarded nuclear program. So I cer- consent that I may proceed for 1 minute. RECORD, as follows: tainly do not come down on India’s side on this either. But India has not vio- The PRESIDING OFFICER. Is there MILITARY EQUIPMENT (LESS F–16 AIRCRAFT) PURCHASED lated United States nonproliferation objection? BY PAKISTAN BUT NOT DELIVERED DUE TO PRESSLER law. Mr. BROWN. Mr. President, does the SANCTIONS When we passed the Glenn–Syming- Senator ask for 1 additional minute on ton amendment in 1970, we did not have each side? Stored Pakistan in mind. The law applied to The PRESIDING OFFICER. Is there Stored value Funding Item quantity (mil- source everyone; it was not aimed at a par- objection? lions) ticular country. But Pakistan violated Mr. BROWN. I object. Army: our law. As a result, the Carter admin- The PRESIDING OFFICER. Objec- C–NITE modification kits ...... 18 $24 .1 FMF. istration—going clear back that far— tion is heard. M198 Howitzers ...... 24 18.7 FMF/Cash. TPQ–36 radars ...... 4 10.5 FMF. cut them off from military and eco- Mr. LEVIN addressed the Chair. M-Series rebuild parts ...... NA 6.8 FMF. nomic assistance. Then the Reagan ad- The PRESIDING OFFICER. The Sen- TOW launchers ...... 135 6.1 FMF. 2.75 inch rockets ...... 16,720 9.4 FMF. ministration got a waiver from the law ator from Colorado has the remaining Miscellaneous Army items ...... NA 1.7 FMF/Cash. for a temporary period for Pakistan time. Army subtotal ...... 77 .4 only. We tilted in favor of Pakistan, for Mr. LEVIN. Will the Senator from Pakistan only, in order to send aid Colorado yield for a unanimous-con- Navy: sent request? P–3C aircraft ...... 3 139 .1 FMF. after the Afghan invasion occurred. Harpoon missiles ...... 28 30.8 FMF/Cash. Because relief from our nonprolifera- Mr. BROWN. I would be glad to yield. AIM–9L missile components ...... 360 19.7 FMF/Cash. tion law was given to Pakistan, the Mr. LEVIN. Mr. President, I ask MK–46/Mod 2 torpedo compo- nents ...... NA .1 Cash. Congress set up a new line in the sand. unanimous consent that there be 1 ad- Miscellaneous Navy items ...... NA 2.1 FMF/Cash. We said we really mean it now. And we ditional minute on each side so that Navy subtotal ...... 191 .8 mean it, Pakistan. We passed the Senator PRESSLER can speak for 1 addi- Pressler amendment, and it was Paki- tional minute. Air Force: Peace Gate II support equip- stan-specific. The PRESIDING OFFICER. Is there ment, 220E engine kits ...... 30,968 28.5 FMF/Cash. So it is incorrect to say that we are objection? Without objection, it is so Depot engine spares program .... 4,746 8 .0 FMF. ILC kits: Spares for ILC, ALQ– not being evenhanded. It is not ordered. 131, F–100, ALR–69, support 2,035 7.9 FMF/Cash. unevenhanded to say that those who Who seeks recognition? Peace Gate III support package: Mr. PRESSLER addressed the Chair. Peculiar support equipment 37 .9 FMF. violate our laws should not then be Engine spares ...... 511 9.1 FMF. given the benefit of our shipments of The PRESIDING OFFICER. The Spares ...... 154 1.6 FMF. Chair recognizes the Senator from Standard support equip- economic and military help. They ment ...... 67 .4 FMF. should be punished, those who do not South Dakota, Peace Gate IV support package: Mr. PRESSLER. Mr. President, I Engine components ...... 14 .1 Cash. abide by our laws. Those who abide by Developmental support our laws should not be punished. thank the Senator from Ohio for his re- equipment ...... 144 8.0 Cash. So I do not and will not defend the marks. His leadership on this issue has Standard support equip- ment ...... 386 1.2 Cash. Indian program, but they did not vio- been remarkable.

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14005 Last night I traced the beginning of In 1959, we asked Pakistan to sign a lieve this issue is as simple as that. this amendment. It started out as a mutual defense treaty with the United Since the sale cannot be completed, I way to give Pakistan money and to States at a tough time, and they did. believe we have an obligation to come give Pakistan arms. And Pakistan sup- Later on, we asked that the Pakistanis to an agreement to reimburse the Gov- ported this amendment as the original allow us to build a base in Pakistan to ernment and the people of Pakistan. thing. It was Pakistan’s not telling the fly military aircraft out of it and spy The President has offered a thought- truth to then Vice President George on the Soviet Union, and they said yes. ful solution which is being offered by Bush and JOHN GLENN and others that In 1960, the Soviets shot down the distinguished Senator from Colo- led us into this problem. They bought Francis Gary Powers and threatened to rado. I support it and I encourage my the airplane under false pretenses. wipe the Pakistani base off the face of colleagues to support it. That is the whole problem that has led the Earth, and the Pakistanis still I know my time has expired. I thank to where we are today. I do not want to stood by us. the Chair. go back and punish anybody for any In 1970, Pakistan helped us open up The PRESIDING OFFICER. All time right and wrong. But, if we pass the China by staging the trip of Henry Kis- has expired. Brown amendment today, it will be singer, incurring the further wrath of Mr. BROWN. Mr. President, I ask for opening the door to proliferation. We the Russians. the yeas and nays. are rewarding a proliferator. We are re- From 1971 to 1989, we asked the Paki- The PRESIDING OFFICER. The yeas warding a country that has violated an stanis to join us in fighting the Soviet and nays have been requested. Is there agreement on nuclear nonproliferation. invasion of Afghanistan, and they did. a sufficient second? There appears to And it is an amazing thing, because if Mr. President, in 1984, we asked for a be a sufficient second. it happens, all bets are off on nuclear vote in the United Nations condemning The yeas and nays were ordered. nonproliferation. the Soviet invasion of Afghanistan and The PRESIDING OFFICER. The I want to commend Senator GLENN asked for the Pakistanis’ support. They question is on agreeing to the amend- for his leadership on this issue. He has voted with us in condemning that inva- ment. The yeas and nays have been or- fought it for years. sion. India voted no. dered. The clerk will call the roll. I made my speech last night. This is In 1990, we asked Pakistan’s help in The bill clerk called the roll. an amazing thing; if our country is for the war against Iraq, and they deliv- The PRESIDING OFFICER (Mr. nuclear nonproliferation, we will be re- ered troops. FRIST). Are there any other Senators in warding a country for proliferation. In 1992 and 1993, we asked Pakistan’s the Chamber who desire to vote? The PRESIDING OFFICER. The assistance for troops in Somalia, and The result was announced—yeas 55, Chair recognizes the Senator from Col- they said yes and responded. nays 45, as follows: orado. In 1993, we asked for their help with [Rollcall Vote No. 454 Leg.] Mr. BROWN. Mr. President, I yield troops in Haiti, and they again said YEAS—55 myself the remainder of my time. yes. Ashcroft Grams Moseley-Braun Mr. President, I am concerned about In 1995, we went to Pakistan and Baucus Grassley Murkowski nonproliferation, and all Members asked their help in apprehending a ter- Bond Gregg Murray Brown Harkin ought to be concerned about it. They rorist and returning him to the United Nickles Bryan Hatch Packwood ought to be aware that if this amend- States, the mastermind, at least the Burns Heflin Reid ment is agreed to, very strong, tough one we suspect was the mastermind, of Campbell Helms Roth the World Trade Center bombing, and Chafee Hutchison Santorum sanctions remain in place against Coats Inhofe Shelby Pakistan—a bar on military sales, a they said yes. Cochran Inouye Simpson Mr. President, when we have needed Cohen Jeffords bar on military assistance, and a vari- Smith ety of other tough sanctions. help Pakistan has responded and been Craig Johnston Dodd Kassebaum Snowe A lot has been said about the non- there to help us. This amendment has Dole Kempthorne Stevens proliferation policy. The fact is this. specific language in it that makes it Domenici Kyl Thomas Our current nonproliferation policy clear that any ballistic missile sanc- Faircloth Lott Thompson with regard to India is that India may tions are not affected by this. Ford Lugar Thurmond Gorton McCain Warner build and develop nuclear weapons and And last, the President of the United Graham Mikulski there are no sanctions. That is a fact. States has gone out on a limb. He has NAYS—45 Our policy is also that Pakistan may negotiated a compromise. He has shown leadership. This is not the time Abraham Dorgan Levin not do that, and there are heavy sanc- Akaka Exon Lieberman tions. That is not even-handed any way to condemn him. Bennett Feingold Mack you slice it. Mr. President, I will yield the re- Biden Feinstein McConnell There are a couple considerations I mainder of my time to the distin- Bingaman Frist Moynihan Boxer Glenn Nunn hope Members will keep in mind as guished Senator from Illinois. Bradley Gramm Pell they consider this question. We have Ms. MOSELEY-BRAUN. I thank the Breaux Hatfield Pressler gone to the Pakistanis year after year Chair. Bumpers Hollings Pryor and asked them for their help. The PRESIDING OFFICER. The Byrd Kennedy Robb Conrad Kerrey Rockefeller In 1950, we asked them to condemn Chair recognizes the Senator from Illi- Coverdell Kerry Sarbanes the invasion of South Korea, and they nois. D’Amato Kohl Simon gave us unqualified support and a Ms. MOSELEY-BRAUN. Mr. Presi- Daschle Lautenberg Specter strong condemnation of the North Ko- dent, I wish to see the United States as DeWine Leahy Wellstone rean invasion. a country that keeps its word in inter- So the amendment (No. 2708) was In 1954, we asked them to be an ini- national affairs. agreed to. tial member of the Central Treaty Or- We entered into a contract with Mr. BROWN. Mr. President, I move ganization and help contain com- Pakistan to sell military equipment to reconsider the vote by which the munism, and they gave unqualified and accepted more than $1 billion for amendment was agreed to. support and joined. that equipment. Likewise, we have Ms. MOSELEY-BRAUN. I move to In 1955, Pakistan joined the South- made it quite clear that we will not do lay that motion on the table. east Asian Treaty Organization, business with countries that pro- The motion to lay on the table was SEATO, at our request and helped stem liferate. We all understand that the agreed to. the tide of communism. transfer of the F–16’s cannot be com- ADVANCED TELECOMMUNICATIONS In 1956, we offered a resolution in the pleted now because Pakistan has cho- Mr. BURNS. Mr. President, I have United Nations and asked Pakistan to sen not to work with the United States been a supporter of the possibilities of- support that 1956 resolution, con- on proliferation issues. However, the fered to this Nation’s public and pri- demning the Soviet Union’s invasion of United States cannot continue to re- vate sector by the burgeoning growth Hungary. Pakistan supported us. India tain both the planes and the money of the telecommunications industry. abstained on the vote. and in the process break its word. I be- Coming from a rural Western State

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14006 CONGRESSIONAL RECORD — SENATE September 21, 1995 with vast distances between our com- or military education that would be Mr. McCONNELL. Mr. President, munities, I realized that advanced tele- provided. In fact, this provision would with regard to the Jordanian draw- communications was likely the only waive section 506(c) of the Foreign As- down, the $100 million drawdown will avenue to Montana that could over- sistance Act of 1961, which requires allow the United States to keep its come the burdens of distance and geog- that there be an authorization and ap- commitments to King Hussein to ad- raphy to allow rural Americans to propriation. The provision would also dress legitimate security concerns of compete in a rapidly changing econ- waive the requirement under section Jordan in a post-peace environment. omy. 632(d) of the Foreign Assistance Act of The King’s courageous decision to pro- This spring, three United States uni- 1961, which would require the Depart- vide refuge to the Iraqi defectors only versities—Montana State University, ment of State to reimburse the Depart- increases his security problems. Virginia Commonwealth University, ment of Defense for the defense items Moreover, this drawdown package and Portland State University—com- which have to be replaced. In short, the demonstrates America’s resolve to sup- bined with two universities from Army will have to find $61 million in port those who support peace in that Northern Ireland—Queens University its operations and maintenance budget area of the world. We are at a very crit- of Belfast and Armagh and the Univer- to pay for the training, transportation ical time in the peace process and it is sity of Ulster—to form the Distance and handling, as well as repair and de- important we maintain our credibility Learning Consortium for International fense items which are to be sent to Jor- if we are to maintain our leadership Management in the United States and dan. role in brokering further peace agree- European Union. This consortium has Mr. President, I believe it is impor- ments. been formed for the purpose of pro- tant to support nations who work with The drawdown is designed to address viding interactive video and voice tech- the United States to achieve peace in the immediate needs of the Jordanian nologies. The consortium will offer regions where we have national inter- Armed Forces primarily for border se- programs in the area of international ests, and where it is consistent with curity. In the immediate post-peace business, focusing on such topics as our other security priorities around treaty era with Israel, Jordan finds joint market opportunities, issue top- the world. I appreciate the role that itself hard-pressed to prevent infiltra- ical and germane to the U.S. and E.C. Jordan played in the Middle East peace tion of its border with Israel by poten- markets. process. I believe Jordan should have tial terrorists and smugglers. They des- The project would make it possible the defense items, services, and mili- perately need to increase their capa- for a businessman in Billings, MT, and tary training, that enable them to pro- bility to survey the border, especially anywhere else in America to walk into tect their borders and respond to ter- at night. one of the participating universities rorist threats. However, there are no and receive a real-time, interactive funds authorized and there are no funds I am well aware of the economic con- block of instruction on the latest in appropriated in this bill or the foreign straints our Nation faces as it fights a European Community regulations, or aid bill for this drawdown. This is a bulging deficit, which is precisely why distribution channels, or constraints function of the international affairs the drawdown package is tailored so regarding their exports. These pro- budget and there should be an appro- that it has a minimum impact upon grams would be taught by some of the priate authorization and appropriation our force readiness. leading European experts. Conversely, within the foreign aid and foreign oper- Mr. President, I will also say, while a businessman in the European Com- ations bills. not typically being a spokesman for munity would be able to access the lat- Mr. President, when the Defense au- the administration, they are strongly est information on U.S. trade, com- thorization bill was before this body, in support of the Jordanian drawdown, merce, regulations, and opportunities the administration sought support for as well. in a similar fashion. a similar provision. In a letter sup- I yield the floor. While the consortium will utilize porting the proposed amendment to the Mr. LEAHY. Mr. President, I concur their own match, the consortium needs Defense authorization bill, the Sec- with what the distinguished chairman initial support of $500,000 to develop retary of Defense stated that without has said. I think this is extremely im- their interrelated curricula and har- replacement of the nonexcess items portant. I have met a number of times monize their separate distance learning and reimbursement to the military with Jordanian officials, and a number technologies. services for transportation and other of times with King Hussein regarding I hope the manager of this bill will costs, military readiness will suffer. this and other issues involving Jordan. consider this project during its con- Mr. President, once again, I believe Jordan is in a critical, pivotal posi- ference with the House. the United States should provide Jor- tion. I remember last year—actually, Mr. MCCONNELL. I appreciate Sen- dan with the defense items that would about 11 months ago now—when I had ator BURNS bringing this project to my be authorized by this drawdown. How- the privilege of accompanying the attention, and I will be happy to work ever, I cannot support the use of De- President of the United States to the with him on this project. fense funds without reimbursement to signing ceremony of the peace agree- Mr. President, it is my understanding pay for this authority. that the distinguished Senator from I will not offer an amendment to ment between Jordan and Israel, signed South Carolina is going to address the strike this provision from the bill. out in the desert in Al Aqabah, in 110- Senate for a few moments, and then we However, I want all Members to under- degree weather. I remember the day as will move along with our agenda. I stand that the Senate Armed Services though it was yesterday. There was a yield the floor. Committee worked very hard to ensure stiff desert wind blowing. People from Mr. THURMOND addressed the Chair. the Defense budget was not used for Israel and Jordan and from the United The PRESIDING OFFICER. The Sen- nondefense items. States were there to witness the sign- ator from South Carolina. This provision would use Defense ing of this historic peace agreement. DRAWDOWN AUTHORITY FOR JORDAN funds to provide the defense articles There was a very moving speech by Mr. THURMOND. Mr. President, I and services to a foreign nation. The Prime Minister Rabin and by King Hus- rise in opposition to section 576 of H.R. Department of State should reimburse sein. The President of the United 1868, the Foreign Operations Appropria- the Department of Defense for these States was speaking for all Americans tions Act, which would provide author- items. If there is no reimbursement, about our pride in this historic agree- ity for the President to drawdown $100 the Army will have to use money in fis- ment. million of defense articles from Depart- cal year 1996 and future years, which Every commitment that King Hus- ment of Defense stocks. has not been included in the future sein has made, he has kept. Every step I oppose the inclusion of this provi- years defense plan, to replace these he has said he would take, he has sion in the bill because there are no items. This cannot help but be detri- taken—many with great courage and funds appropriated in the bill to reim- mental to the future readiness of the great foresight. burse the Department of Defense for U.S. Army. We should stop these raids This is not an easy time in the Mid- the defense articles, services, training, on the Defense budget. dle East. Prime Minister Rabin, who

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14007 justly deserves his Nobel Peace Prize, States security and European stability. topher, Secretary of Defense Perry and has pushed so hard to keep a peace Under the assistance provision adopted other officials. President Clinton agreement going in the face of political last year, Albania has received ship- praised Berisha for the country’s eco- opposition and terrorist attacks. He ments of uniforms and other nonlethal nomic and democratic reforms. and Foreign Minister Peres have excess defense materials from the On the thorny problem of relations worked so hard on this. There is really United States without having to bear with its neighbor Greece, the two na- a handful of people in the Middle East the cost of transporting those mate- tions recently initiated talks on the who are trying to bring about peace— rials. That cost would have been pro- rights of Greek and Albanian minori- not so much for their generation, be- hibitive for Albania, but it is a small ties in each other’s country, at the urg- cause their generation will soon reach cost for us and one that yields a real ing of United States Assistant Sec- a time when it fades from the scene, benefit. Now, under section 557 of this retary of State Holbrooke who was vis- but for the generation of children, Arab bill, we will be able to continue iting the region. and Jew alike. They are facing a poten- waiving the transportation fees for Mr. President, there are other ways tial for peace which their parents did such assistance to Albania, and to we can provide assistance to Albania at not have, but a potential they now other countries eligible to participate a small cost to ourselves. Last week have. This is an area where we can in the Partnership for Peace Program. President Clinton offered to help estab- help. The United States has strong and Our efforts are helping. With United lish a training program for judges, real security interests in that part of States advice and assistance, the Alba- prosecutors and police and to equip and the world. We should help. nian military has been reorganized. outfit the Albanian peacekeeping con- So I strongly support the administra- The entire ministry staff was changed, tingent under the NATO Partnership tion’s position. I think the President and all of the people who had worked for Peace Program. Albania still needs and Secretary of State are right. for the Albanian secret police were dis- development assistance, help with PRIVILEGE OF THE FLOOR missed. The army was restructured legal structures, environmental protec- Mr. LEAHY. Mr. President, I ask from 21 divisions into just 9. Fifty per- tion and planning, and foreign invest- unanimous consent, on behalf of Sen- cent of the commissioned officers and ment. But we have made a good start, ator WELLSTONE, to allow a fellow on 30 percent of the enlisted officers were and section 557 of this bill helps permit his staff, Paul Mazur, the privilege of dismissed, reducing the total number that to continue. the floor during the consideration of of officers from 18,000 to 8,200. The OVERSEAS POLICE TRAINING H.R. 1868, the foreign ops bill. heavily politicized military academies, Mr. SPECTER. Mr. President, for 20 The PRESIDING OFFICER. Without based on old Soviet doctrine, were shut years the United States Government objection, it is so ordered. down and replaced with a new non- has been prohibited from training for- TRANSFER OF EXCESS NONLETHAL DEFENSE commissioned officer academy based eign police forces. Section 660 of the ARTICLES TO ALBANIA on a United States model. A new rank Foreign Assistance Act reflected ear- Mr. LEVIN. Mr. President, I rise to system and promotion track was estab- lier congressional concern that U.S. discuss section 557 of this bill, a provi- lished. personnel should not train security sion which I support. Last year, the The Albanian military is also shed- forces in repressive regimes. Senate adopted my amendment to ding its isolationist policies and seek- But for more than a decade we have allow a waiver of transportation fees ing extensive cooperation with the realized that some overseas police for nonlethal excess defense articles West and integration into regional se- training is necessary and important— being transferred to Albania. I am curity structures. Albania has been particularly in the area of anti- pleased to see that this provision is very cooperative with NATO efforts to terrorism. This year’s pending foreign being extended this year in both the help halt the conflict in the former operations appropriations bill adds an- Senate and House bills, and that it is Yugoslavia. Albania has allowed other important exemption: It allows in fact being expanded to cover all United States reconnaissance drones to the training of overseas police forces to countries eligible to participate in be based at the Gjader base there since monitor and enforce sanctions. But I NATO’s Partnership for Peace Pro- mid-summer, and those drones have believe that another exemption is gram, including Albania. been very useful in observing military needed. The President, civilian offi- Albania is one of the poorest coun- activities in the former Yugoslavia. cials, and U.S. military commanders, tries in Europe. Somehow, despite dec- Albania has participated in seven need the authority to conduct public- ades of isolation, tyranny and brutal joint military exercises with United safety training during and after signifi- Communist rule, the seeds of democ- States and other NATO forces, most re- cant military operations. racy survived in the people and have cently the Peaceful Eagle exercise last As the United States discovered in begun to sprout. The people of Albania week, which trained Albanian units to Grenada, Panama, and Haiti, public still look to the United States as a be deployed in future U.N. peace- order is likely to collapse when exist- model, admiring our values and desir- keeping missions. Notably, some of ing regimes collapse. In each of these ing our support. In just a few short these joint exercises have brought Al- cases, U.S. forces were unable to depart years, Albania has become an impor- banian forces together with troops until order was restored—and a mecha- tant ally of the United States in the from its neighbors in the region, in- nism for maintaining public safety was fragile region of the Balkans and is cluding Greece, Bulgaria, and Roma- created. In none of these cases was this working closely with NATO. nia, building important positive links done smoothly or efficiently. The U.S. Albania is classified by the United where there have been historic animos- Justice Department’s International Nations as the least-developed nation ities. And these exercises have also Criminal Investigative Training Assist- in Europe. Albania is trying to estab- trained Albanian and other troops for ance Program [ICITAP], which is per- lish free markets and free institutions peacetime missions, such as coordi- mitted under current law to perform there, and they have a good chance of nated emergency disaster response. training in this hemisphere, did not succeeding. Albania is one place where Last week, Albania offered air bases perform well. Given the relatively a little help from the United States can in Albania for United States F–117 small size of its training organization, go a very long way to fostering democ- Stealth fighter-bombers that we may and the demands created by hostile and racy and building stability in the re- want to use in Bosnia. We had been un- demanding environments, this was not gion. able to get agreement to base those surprising. The United States is properly pro- planes in Italy. So we and NATO are During the past 10 years, there has viding some modest assistance to Alba- seeking to build a valuable ally in Al- not been an effective civilian organiza- nia. And one aspect of that assistance bania, and it is important to continue tion for conducting public-safety train- can be strengthening civilian control of that assistance. ing in the context of a U.S. military the military in Albania, and the con- This month, Albanian President Sali operation. In the words of the Commis- struction of modern, reformed national Berisha traveled to Washington and sion on Roles and Missions of the defense forces. Helping Albania in this met with President Clinton, Vice Presi- Armed Forces, ‘‘our recent experience way is clearly in the interest of United dent GORE, Secretary of State Chris- in Latin America, the Caribbean, and

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14008 CONGRESSIONAL RECORD — SENATE September 21, 1995 Africa shows that there are no civilian created with murder in mind, and they Palestinian Authority. We beseech your as- agencies capable of short-notice law- will continue that way. sistance regarding one specific issue—the ex- enforcement operations and training in I must say that I fear for Israel. tradition of the murderers who were appre- While we provide aid and comfort for hended by the Palestinian Authority and are hostile, demanding environments.’’ currently being held in Jericho. In the absence of an effective civilian the PLO, Yasir Arafat concludes deals According to the agreement signed with training organization, the U.S. mili- with Hamas, rediverts aid, and con- Mr. Arafat, the State of Israel has the right tary was compelled to perform public- tinues business as usual, laughing all to obtain the transfer of murderers of its safety training. Military commanders the way to the bank. The United States citizens in order that they be tried in the worked hard to ensure that they did so should be ashamed of itself for giving courts of the State of Israel. without violating section 660. In Soma- aid and comfort to these murderers. In The State of Israel has turned to the Pales- the end, though, it will not be the tinian Authority and has requested the ex- lia, for example, marines trained ‘‘aux- tradition of the murderers. However, the iliary security forces’’ rather than po- United States that suffers first. It will Palestinian Authority has refused to comply lice forces. But because of section 660 be Israel, and for them I feel sorry. and transfer the killers of our children to the restrictions, U.S. military commanders I want it known very clearly, I voted Israeli authorities. could not plan and train for this mis- for the foreign operations appropria- We are terribly pained, anguished and dis- sion. In short, it was done on an ad hoc, tions bill so that Israel could receive traught by the Palestinian’s outright refusal the aid that it needs at this crucial to comply. We have turned to the Prime reactive basis. Minister, to Cabinet Ministers, and to mem- Mr. President, I am pleased the Sen- time. It is in no way a vote in favor of aid to the PLO. However virulently bers of the Knesset with our plea for compli- ate has accepted my amendment on ance and justice. We recently met with the overseas training, which would permit against funding the PLO in the manner President of the State of Israel, Mr. Ezer the President to use whatever agency in which it will be funded, I am not Weitzman, who unequivocally stated to us of Government was most appropriate willing to hurt Israel by voting against his support of halting the peace talks as long to train public-safety forces during and the entire bill. In fact, I think that it as the Palestinian Authority refuses to com- after a military operation. In some was wrong to link the two aid packages ply and extradite the murderers to the State cases, such as Haiti, the environment together because Senators, such as my- of Israel. self who support aid to Israel but not We look upon this issue of the extradition was relatively peaceful, and the train- of the savage murderers of our children as ing mission could be carried out by the the PLO, are put in a difficult position. not simply a political issue, but rather as a Justice Department. But in other, If one votes to kill the aid to the PLO moral issue of the highest order. more dangerous situations, such as by voting against the overall bill, he or The United States of America has been Panama, the President might direct she also votes to kill the aid to Israel. courageously battling terrorism for many local military commanders to conduct This is wrong and it distresses me years. In view of this honorable policy, it be- hooves this great country to insure the ex- short-term training. Once order is re- greatly. Mr. President, I ask to have printed tradition of terrorists as a primary condition stored, civilian agencies could take for the continuation of aid to the Palestinian in the RECORD, a letter to me from four over longer-term training and assist- Authority. Compliance with this matter by ance. grieving mothers, whose children have the Palestinian Authority will be a true test In the post-cold-war world, the been taken from them by terrorist acts of the sincerity of the P.L.O., heretofore a United States in my judgment will carried out by the very people to which terrorist organization, now professing to be a from time to time be compelled to use the United States will be providing aid. peace seeking organization. military force to protect our interests, This letter pleads for extradition by As mothers struggling to cope with the in- cessant pain and sorrow of our losses, we and to carry out other operations the PLO to Israel of the murderers of their children. I urge my colleagues to wish to have a dialogue with members of the where public safety will be an issue. Senate. It would be scandalously immoral to Mr. President, I believe this amend- read this heartrending letter to further provide the P.L.O. with funds as long as they ment will help U.S. military com- understand the mistake we are com- continue to refuse to allow the State of manders perform this mission much mitting by providing this aid to the Israel to bring the terrorists to justice. more effectively in the future. I thank PLO with so few strings attached. Dear Senator, your intervention is our the distinguished managers of the Mr. President, I also ask to have only hope. Our children cannot return to us. We dare not compromise their honor. pending legislation for accepting my printed in the RECORD, copies of docu- ments that are purported to be from Please accept our heartfelt appreciation amendment. for your efforts regarding this critical issue. I thank the Chair and yield the floor. the Palestinian Economic Council, De- Sincerely, Mr. D’AMATO. Mr. President, I rise velopment and Reconstruction, other- YEHUDIT SHACHOR. today to discuss United States aid to wise known as PECDAR. These docu- BILHA BACHRACH. the PLO, as it has been included in the ments, which I make no claim to their RIFKA FORER. fiscal year 1996 foreign operations ap- authenticity, highlight a series of al- BATYA BACHAR. propriations bill and to explain my leged economic diversions and schemes by the PLO to buy up property in the [From the New York Times, June 12, 1995] vote on the subject. On My Mind: We have to face the facts. The PLO is West Bank to leverage against Israel. THE P.L.O. PAPERS not complying with its responsibilities. Finally, I ask to have printed in the AID, CONGRESS AND A MOTHER-IN-LAW It has failed to restrain the radicals in RECORD an article on this same subject Gaza; failed to extradite terrorist mur- by A. M. Rosenthal that details the (By A. M. Rosenthal) derers in its custody to Israel; it has documents in question. Should the United States continue giving hundreds of millions of dollars to the Pal- failed to change the PLO Covenant; There being no objection, the mate- rial was ordered to be printed in the estine Liberation Organization, and under and it has failed to come clean with the what conditions? amount of its assets. Most impor- RECORD, as follows: Has Yasir Arafat lived up to the existing tantly, the PLO’s overwhelming failure September 20, 1995. conditions of American aid? For instance, is to restrain the radical elements within Hon. Senator ALFONSE D’AMATO, all international money distributed through its areas of control is an insult to U.S. Senate, Washington, DC. the P.L.O. being used for the economic ben- DEAR SENATOR: We are the mothers griev- Israel and everyone who had placed efit of Palestinians in territory turned over ing for our precious children, of blessed by Israel? Or has he used foreign help for his hope in Yasir Arafat’s ability to deliver memory, who were brutally murdered by own personal and political purposes? the peace. merciless terrorists as they innocently hiked That is what is going on, according to cop- Mr. President, I am angered that the the countryside of the land of Israel. We, as ies of 28 letters in my possession. They deal PLO will be funded in this foreign aid mothers, have never been active politically. with orders from Mr. Arafat’s top finance bill, and moreover, with the fewest of For years we tirelessly and lovingly dedi- aide in the Palestinian National Authority strings attached. The PLO is not living cated ourselves to raising our children. In to Pecdar, the Palestinian economic develop- up to its end of the bargain, but the one day, our dreams were shattered when we ment organization, which handles inter- United States is rewarding this band of received the bitter news that unconscionable national aid and is supposed to be inde- murderers, with their knives in hand, butch- pendent of political direction from Mr. murderers, nonetheless. I would ven- ered our beloved offspring. Arafat. ture to say that the PLO has no plans We turn to you at this critical hour with With admonishments of secrecy, the let- to live up to its bargain. They were regard to the granting of financial aid to the ters contain instructions, and pecdar notices

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of compliance, to allocate money to such PALESTINIAN ECONOMIC COUNCIL, Altarify, the part of the National Pales- projects as buying a large chicken farm, DEVELOPMENT AND RECONSTRUC- tinian Authority in the capital being thirty other land, apartments and companies for TION, (PECDAR), million dollars from fifty million dollars P.L.O. notables, enlarging holdings in Jeru- December 17, 1994. namely a proportion of 60%, we are to inform salem—and $2.5 million for an expanded To the comrade Mohammad Zuhdi you the following: propaganda apparatus, the money to be Alnashashiby, Finance Minister—Gaza. 1. The required transfer of the amount has channeled through Mr. Arafat’s mother-in- Greetings of Return. been effected to the account of the comrade law. Referring to your letter dated 12.12.1994 No. Jameel Altarify according to his request in Pieces of the correspondence have been MP/30/305 concerning the founding of a cor- his personal account abroad. printed in Israel, but have not surfaced pub- poration of the name of corporation of ad- 2. The bank has confirmed receipt of the licly in the U.S. until this column. vancing for import and export Palestinian transferred money. The P.L.O. says they are forgeries. The sited in the city of Ramallah which shall be 3. We have taken a commitment from the Israeli Government does not want anything managed by the comrade Jameel Titarify comrade Jameel Altarify that the amount is to interfere with U.S. aid to the P.L.O., as with the participation of the national pales- a trust in his hand on behalf of the national these letters could, but has been interest- tinian authority by 60% (six million US palestinan authority. ingly non-committal about the letters. DOLLARS) a contact has been established Please do inform the leader comrade Abu The Clinton Administration also does not with the comrade Jameel Altarify and the Amar the President of the National Pales- want any glitches about U.S. aid to the following steps have been taken: tinian Authority about the matter in the due P.L.O. But American intelligence has been 1. The required amount has been shifted to way. asked to examine the letters by Representa- the account of the comrade Jameel Altarify Respectfully, tive Ben Gilman, New York Republican, abroad for covering the financial commercial ——— ——— chairman of the House International Rela- credits. Chairman, Palestinian Economic Council, tions Committee. 2. The receiving bank has confirmed recep- for Development and Reconstruction. I got them from Israeli and American tion of the transfer. sources who feel the labor Government’s ne- 3. We have obtained a written commitment THE NATIONAL PALESTINIAN AU- gotiating techniques with the P.L.O. and from the comrade Jameel Al tarify that the THORITY, MINISTRY OF FINANCE, Syria amount to a giveaway of Israeli secu- amount is a deposit in his hands. August 28, 1994. rity that will not bring a lasting peace but We request to inform the comrade leader To the Chairman of the Palestinian Eco- make it impossible. Abu Amar about the details and performance nomic Council for Development and Re- Iraeli officials finger Yigal Carmon, former of the matter. construction (PECDAR), Jerusalem. adviser on terrorism to the previous and cur- Respectfully, Greetings of return. rent Israeli Prime Ministers, as the source. ——— ——— The comrade leader Abu Amar has commu- He certainly was not mine. After I showed Chairman, Palestinian Economic Council, nicated to us his wish for the formation of a him the letters a month ago he returned Development and Reconstruction. general contracting company for building with a reply he said he wished he did not and importing of the huge apparatus for have to make: certain informalities in Ara- THE NATIONAL PALESTINIAN AU- building like bulldozers and cars and modern bic usage gave him pause. Now he says that THORITY, MINISTRY OF FINANCE, supplies. Since the brother Jameel Altarify after consultations with other Palestinian August 25, 1994. has a wide experience in this field it has been and Israeli specialists, his linguistic ques- To the Chairman of the Palestinian Eco- decided to assign to him this matter in the tions are answered and the letters are au- nomic Council for Development and Re- following manner: 1. A limited company shall be founded with thentic. Other anti-terrorist experts, who construction (PECDAR), Jerusalem. Greetings of return. shareholders from inland and abroad and it spent four months checking the letters, say In accordance with the desire of the com- ought to compete with the international they are not forgeries. rade leader Abu Amar the President of the companies. Spokesmen for the U.S., Israel and the National Palestinian Authority to found a 2. The capital of this capital shall be one World Bank tell me that the political company for importing and exporting Ltd, million American dollar. projects outlined in the letters do not come according to the necessity and in order to 3. The company shall be sited in the city of from their contributions. They volunteered ensure full and effective control on the com- Ramallah. that the money could have come from other mercial market it has been decided to assign 4. The national authority shall participate contributing nations or that international this matter to the comrade Jameel Altarify by 60% in the capital and its participation funding could have freed up more P.L.O. with the participation of members of the shall be registered in the names of men be- funds for secret political actions. frame of FATAH in the West Bank in the fol- longing to the cadre of FATAH who are reli- The letters are not the only question that lowing manner: able. the House and Senate will have to consider 1. To found a company in the name of ‘‘the 5. The approved capital of the company about continuing the $500 million U.S. aid to Palestinian advanced company for importing shall be fifty million dollars. the P.L.O. and exporting under the management of the 6. The necessary measures shall be taken Why has Mr. Arafat not lived up to the comrade Jameel Altarify who shall choose for a speedy foundation of the company. condition that the P.L.O. eliminate the such appropriate people from the frame of Please ensure taking the necessary finan- death-to-Israel clauses from its convenant? FATAH. cial and secondary measures to inform the Will he ever stop encouraging Palestinians 2. The capital of the company shall be ten comrade leader Abu Amar the President of to believe that the peace negotiations are million dollars. the National Palestinian Authority. the first phase toward the convenant goal of 3. The National Palestinian Authority Respectfully, control over all of what is now Israel? Why shall participate for 60% and its participa- MUHAMMAD ZUHDI ALNASHASHIBY, have more Israelis died in terrorist attacks tion shall be registered in the name of sworn Finance Minister. since the Oslo agreement than before? members of the frame of FATAH. But the basic question before Congress is 4. The central office of the company will be PALESTINIAN ECONOMIC COUNCIL, this: in the city of Ramallah. It may open DEVELOPMENT AND RECONSTRUC- Will peace be killed by insisting on P.L.O. branches in any part of the West Bank and TION, (PECDAR), compliance with conditions already outlined Gaza Strip. September 25, 1994. by the U.S. but unfulfilled by the P.L.O.? Please take all necessary steps for full exe- To the comrade Mohammad Zuhdi That is what Israeli and U.S. officials say cution of the matter and have us informed. Alnashashiby, Finance Minister—Gaza. they believe. Or could that make a lasting Respectfully, Greetings of Return: peace somewhat more possible? (My belief.) MUHAMMAD ZUHDI ALNASHASHIBY, Referring to your letter dated 17.9.1994 No. In the Senate, Alfonse M. D’Amato, a Re- Finance Minister. MP/30/155 we inform you immediately that publican, demands proof of P.L.O. compli- all the measures for the execution of the or- ance on anti-terrorist action and changing PALESTINIAN ECONOMIC COUNCIL, ders of the comrade leader Abu Amar Presi- the convenant as a price of aid. In the House, DEVELOPMENT AND RECONSTRUC- dent of the National Palestinian Authority Democrats and Republicans have introduced TION, (PECDAR) in the matter of financing the special central wording that would also reduce aid if any is December 15, 1994. computer, in the following way: misspent. Among them are Democrats Eliot To the comrade Mohammad Zuhdi 1. On the basis of banking arrangements Engel and Charles Schumer of New York and Alnashashiby, Finance Minister—Gaza. with the brother Dr. Nabeel Sha’ath minister Republicans Jim Saxton of New Jersey and Greetings of Return. of planning and international cooperation, it Tom DeLay of Texas. Referring to your letter dated 28.11.1994 No. appears that he prefers to deal with his sons That’s one great thing about Congress— MP/30/227 in the matter of founding a general Ali and Maxin in this project. there are always members of both parties contracting company for importing huge ap- 2. The required informations have been ob- around who insist on bringing up issues paratus for construction similar to what is tained on the sons accounts abroad. about which the Administration of the day in international companies under the control 3. There was accomplished the transfer of wants only considerable shut-up. and management of the comrade Jameel eight dollars as required.

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4. The bank has confirmed receipt of the THE NATIONAL PALESTINIAN AU- that the Authority should stay away from transfer. THORITY, MINISTRY OF FINANCE. these projects the following shall be done: Please inform the leader comrade Abu To the Chairman of the Palestinian Eco- 1. The projects shall have the special Amar President of the National Palestinian nomic Council for Development and Re- stamp ‘‘A private or public shareholders cor- Authority that his orders have been executed construction (PECDAR), Jerusalem. poration’’, its shareholders shall be Palestin- in due form. Greetings of return. ians from the country and from abroad. Respectfully, Following our letter of 17.9.1994 No. MP/30/ 2. The foundation of construction which ——— ——— 155 and in performance of the instructions, shall be named ‘‘The Palestinian corporation Chairman, Palestinian Economic Council, provided there, of the comrade leader Abu for projects and construction’’ shall build Development and Reconstruction. Amar, President of the National Palestinian dwelling flats in the city of Ramallah with a Authority and in pursuance of performance capital of fifteen million US dollars. THE NATIONAL PALESTINIAN AU- of the projects which have been attributed to 3. There is no objection in having land- THORITY, MINISTRY OF FINANCE Dr. Nabeel Sha’ath, the chairman of the owners participating in the said corporation. To the Chairman of the Palestinian Eco- council of planification and international co- 4. A financial arrangement shall be pro- nomic Council for Development and Re- operation, we are to inform you that the vided with Dr. Amin Haddad to pay the ap- construction (PECDAR), Jerusalem. third project to be executed will concentrate proved amount in a way convenient to him. Following our letter of 3.9.1944 No. MP/30/ on the following: 5. The properties of this corporation shall 126 and relating to the instructions provided 1. The international planning corporation belong to the National Palestinian Author- there by the comrade leader Abu Amar, for administration which is managed by the ity. President of the National Palestinian Au- sons of the comrade Dr. Nabeel Sha’ath, and We stress that the comrade leader Abu thority and in pursuance of performing the which have branches in Egypt and Lebanon Amar has the highest interest in this mat- projects (the comrade Dr. Nabeel Sha’ath) and through it the Palestinian Authority ter. chairman of the Palestinian Economic Coun- will be able to obtain private informations Respectfully, cil for development and reconstruction, the and set clubs and congress in the country MUHAMMAD ZUHDI ALNASHASHIBY. second project concentrates on the following: and abroad. 1. The private special central computer: 2. It will be agreed to purchase a building PALESTINIAN ECONOMIC COUNCIL, There shall be founded a corporation for the in Arab Jerusalem or its suburbs for an DEVELOPMENT AND RECONSTRUC- private (or special) central computer in addi- amount of two million dollars, to be the resi- TION (PECDAR), tion to the one which is the National Pales- dence of the said corporation. September 11, 1994. tinian Authority. 3. An amount of one million dollars shall To the comrade Mohammad Zuhdi 2. The said corporation shall instruct and be given to purchase the necessary office fur- Alnashashiby, Finance Minister—Gaza. councel in the technical and scientific oper- nitures and appliances. Greetings of Return. ation of the central computer of the Author- 4. A budget of expenses in administrative Referring to your letter dated 3.9.1994 No. ity in all places of the Gaza Strip. This ac- matters and current expenses for an amount MP/30/126 Dr. Nabeen Sha’ath minister of tivity shall further extend to the West Bank of two million dollars for a start. Therefore planning and international cooperation—for and to Jerusalem, capital of the Palestinian the required amount is five million dollars. the founding of a technological architectural State. We stress the importance of the project corporation in both the Gaza Strip and West 3. The capital of the private corporation and the necessity to provide diligently the Bank, we inform you the following: shall be eight US million dollars which shall required amounts. 1. We have contacted the comrade Dr. be paid by the National Authority imme- Respectfully, Nabeel Sha’ath. He has furnished us the nec- diately to the corporation. MUHDI ZUHDI ALNASHASHIBY. essary banking informations. 4. The corporation shall immediately ap- 2. The required transfer has been effected point the necessary staff from the country PALESTINIAN ECONOMIC COUNCIL, from the ‘‘special accounts’’. and abroad, and they should be highly quali- DEVELOPMENT AND RECONSTRUC- 3. The bank has confirmed receipt of the fied. TION, (PECDAR), amount and its transfer in the account of the 5. The direct managers shall be the sons of October 15, 1994. comrade Dr. Nabeel Sha’ath. Dr. Nabeel Sha’ath, Ali and Mazin, who are To the comrade Mohammad Zuhdi Please convey these informations to the experts in this field. Alnashashiby, Finance Minister—Gaza. comrade leader Abu Amar, President of the The comrade leader Abu Amar, President Greetings of Return. National Palestinian Authority and that his of the National Palestinian Authority shows Referring to your letter dated 7.10.1994 No. orders have been fully executed. the highest interest in this scientific and MP/30/305 concerning the development Respectfully, technological project and urges to deal with projects which are under the management of ——— ———, it diligently. the comrade Dr. Amin Hadad one of the pil- Chairman, Palestinian Economic Council, Respectfully, lars of the PECDAR member of the economic Development and Reconstruction. ——— ——— delegation which was negotiated in Paris and on the basis of the decree of the comrade THE NATIONAL PALESTINIAN AU- PALESTINIAN ECONOMIC COUNCIL, leader Abu Amar, the transfer of fifteen mil- THORITY, MINISTRY OF FINANCE, DEVELOPMENT AND RECONSTRUC- lion dollars has been effected according to September 3, 1994. TION (PECDAR), the bank informations which have been To the Chairman of the Palestinian Eco- October 7, 1994. brought to us by him. nomic Council for Development and Re- To the comrade Mohammad Zuhdi We have checked the effective transfer of construction (PECDAR), Jerusalem. Alnashashiby, Finance Minister—Gaza. the said amount to his personal account in Greetings of return. Greetings of Return. due course. Please inform the comrade lead- In accordance with the instructions of the Referring to your letter dated 30.9.1994 No. er Abu Amar that it has been done according comrade leader Abu Amar, and whereas it is MP/30/168 we are to inform that the nec- to his wish. mandatory to initiate a technological sci- essary measures for the setting and enlarg- Respectfully, entific activity in the Gaza Strip and West ing of the corporation TEAM in Jerusalem ——— ———, Bank on a desirable scientific level, it has has been effected with MM. Ali and Mazin Chairman, Palestinian Economic Council, been decided to bestow this function on the sons of the comrade Dr. Nabeel Sha’ath Min- Development and Reconstruction. Minister of Planning and International Co- ister of Development and Reconstruction at operation Dr. Nabil Sha’ath, since these are the National Palestinian Authority in a way THE NATIONAL PALESTINIAN AU- private and personal projects and they which is convenient to them. We shall add THORITY, MINISTRY OF FINANCE. should not contradict the interests of the the following: To the Chairman of the Palestinian Eco- other party who could exploit them politi- 1. We have suggested to them a building in nomic Council for Development and Re- cally in international circles among the do- the suburb of the Bareed which comprises construction (PECDAR), Jerusalem. nors and the Americans and thus may cause eight flats with a preliminary consent Greetings of return. hard problems to the National Palestinian 2. A special budget has been assigned for On the basis of a decree of the comrade Authority. Therefore, the comrade leader purchasing of apparatus according to what leader Abu Amar, President of the National Abu Ammar has decided to start as follows: was decided Palestinian Authority and his full faith in 1. To found a technological architectural 3. A budget has been assigned for expenses one of the elements of the Palestinian Eco- corporation having the required qualifica- and wages nomic Council for development and Con- tions. It will start its activities first of all in Please convey to the comrade leader Abu struction (PECDAR) and its unrelenting ef- the Gaza Strip and then shall go to the West Amar President of the National Palestinian forts for the setting of the institutions of the Bank and the Arab villages and their sub- Authority the content of this letter Authority, the leader symbol has decided to urbs. Respectfully, nominate Dr. Amin Haddad to manage the 2. The said corporation shall deal with in- ——— ———, private projects. He shall have the power to structing and counseling in the architectural Chairman, Palestinian Economic Council, appoint the faithful and reliable elements and technological matters in the private and Development and Reconstruction. from among the cadre of ‘‘FATH’’. In order public sectors.

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3. The capital of the corporation shall be PALESTINIAN ECONOMIC COUNCIL, Beer Zeit (Ramallah) which will specialize in five million US dollars. It may be increased, DEVELOPMENT AND RECONSTRUC- strengthening the palestinian economy we if necessary, by setting a shareholders cor- TION (PECDAR), inform you as follows: poration with the participation of Palestin- November 11, 1994. 1. We obtained all the plans and necessary ians from the country and abroad. To the comrade Mohammad Zudhi informations concerning this project, we We emphasize that the comrade leader Abu Alnashashiby, Finance Minister—Gaza. have studied it and have decided as follows: Amar considers the matter of setting the Greetings of Return. 2. We have contacted the comrade press- corporation as specially important. Referring to your letter dated 30.10.1994 No. man Mr. Ibrahim Alkarain and obtained Respectfully, MP/30/241 concerning the Palestinian cor- from him the necessary bank informations poration for importation of iron and steel 3. The transfer of the required amount has MUHAMMAD ZUHDI ALNASHASHIBY. Ltd which the comrade Dr. Amin Hadad been effected from the ‘‘special accounts’’ member of (PEDCAR) intends to found we 4. The bank has confirmed to us receipt of PALESTINIAN ECONOMIC COUNCIL, are to inform you the following: the amount and its transfer in the account of DEVELOPMENT AND RECONSTRUC- 1. An understanding has been reached with the comrade Ibrahim Alkarain TION (PECDAR) the comrade Dr. Amin Hadad on the manner Please convey these informations to the October 28, 1994. he prefers for the operation of financing. comrade leader Abu Amar President of the To the comrade Mohammad Zuhdi 2. A commitment has been obtained from National Palestinian Authority and that his Alnashashiby, Finance Minister—Gaza. the comrade Dr. Amin Hadad that the said orders have been fully executed. Greatings of Return. corporation belongs to the Palestinian Au- Respectfully thority and that it is a deposit in his hands. ——— ———, Referring to your letter dated 20.10.1994 No. 3. You will be informed at the completion Chairman, Palestinian Economic Council, MP/30/225 in the matter of the industries and of the procedures of financing and reception antiques of Naplus that will be assigned to Development and Reconstruction. of the amount and its deposit in the account It is forbidden to read this document with- the comrade Amin Hadad and in accordance of the comrade Dr. Amin Hadad soon with out the special authorization of the Presi- with the wishes of the comrade Abademar, the wish of God. dent. the following financial procedures have been Please inform the comrade Abu Amar accomplished: president of the National Palestinian Au- THE NATIONAL PALESTINIAN AU- thority on the details of the procedures. 1. by arrangement with the comrade Dr. THORITY, MINISTRY OF FINANCE Amin Hadad instructions have been given for Respectfully, August 12, 1994. the transfer of the required amount six mil- ——— ———, To the Chairman of the Palestinian Eco- lion US dollars. Chairman, Palestinian Economic Council, nomic Council for Development and Re- 2. A notice has been received to the effect Development and Reconstruction. construction (PECDAR), Jerusalem. It is forbidden to read this document with- that the amount has been received and en- Greetings of return tered in the personal account of the comrade out the special authorization of the Presi- Whereas the National Palestinian Author- Dr. Amin Hadad. dent. ity acts through the faithful palestinian ele- ments to build and execute the economic 3. He has given a commitment personal THE NATIONAL PALESTINIAN AU- projects and to help our people to progress that this project (according to the share) is THORITY, MINISTRY OF FINANCE, and to be self-sufficient in our local markets the property of the National Palestinian Au- August 25, 1994. thority. and to rely on our products provided by our To the Chairman of the Palestinian Eco- faithful people, therefore the comrade leader 4. He has given a commitment that he will nomic Council for Development and Re- Abu Amar has decided as follows: involve the maximum number of industrials construction (PEDCAR), Jerusalem. 1. To set a huge poultry farm on a space of in the city of Naplouse in this project. Greetings of return land of ten dounams. The place has already The matter: A Palestinian Corporation for Please convey to the comrade leader Presi- been chosen in the region of Beer Zeit (dis- importation of iron and steel. dent of the National Palestinian Authority trict of Ramallah). It will require the pur- about the execution of his order. According to the instruction of the re- markable leader the comrade Abu Amar chase of machines for . . . and whatever is Respectfully President of the National Palestinian Au- needed by the farmer in order to compete ——— ———, thority for the formation of a corporation with the international farms. Chairman. which shall start to import iron and steel 2. The capital of this farm shall be 1.5 mil- It is forbidden to read this document with- and to develop, the comrade leader has de- lion US dollars at the start. 3. The farm shall be managed by the press- out the special authorization of the Presi- cided to put the comrade Dr. Amin Haddad man Mr. Ibrahim Alkarain owner of the re- dent. in charge of this enterprise in the following view ‘‘Alawda’’ (The Return) and of the Pal- way: estine Press Office to him and his partners. THE NATIONAL PALESTINIAN AU- 1. A limited corporation shall be registered under the name of the Palestinian Corpora- We stress that the comrade leader Abu THORITY, MINISTRY OF FINANCE, Amar has the highest interest in the matter October 20, 1994. tion for importation of Iron and Steel Ltd. 2. The corporation shall be sited in the city as it will provide work to palestinians. To the Chairman of the Palestinian Eco- Respectfully nomic Council for Development and Re- of Naplus. 3. Its capital shall be twenty million US MUHAMMAD ZUHDI ALNASHASHIBY, construction (PECDAR), Jerusalem. dollars. Finance Minister. Greetings of return 4. The National Palestinian Authority In execution of the order of the comrade shall participate with a capital of 60% name- PALESTINIAN ECONOMIC COUNCIL, leader Abu Amar the President of the Na- ly twelve million dollars and the balance DEVELOPMENT AND RECONSTRUC- tional Palestinian Authority to bestow on shall be provided by shareholders (eight mil- TION (PECDAR), the comrade Dr. Amin Hadad the function of lion dollars). November 11, 1994. developing industries in Naplus and mainly 5. Activating the construction in the city To the comrade Mohammad Zuhdi the soap industry and the antiques in the and putting to market with favorable prices Alnashashiby, Finance Minister—Gaza. city and the neighbouring villages by found- iron and steel and also for local industrial We refer to your letter dated 19.11.1994 No. ing a corporation which will gather all organizations. M/30/266 and are to inform you immediately industrials in the city with a capital for an The comrade leader Abu Amar the Presi- that all the measures for the execution of amount of ten million US dollars in which dent of the National Palestinian Authority the instructions of the comrade leader Abu the National Authority shall participate stresses the acting in a speedy way in taking Amar President of the National Palestinian with six million dollars it being 60% of the the necessary measures in order to publicise Authority concerning the financing of the capital. this corporation in the region. Palestinian Press Office Review Alawda, as Respectfully We request to take the necessary measures follows: MUHAMMAD ZUHDI ALNASHASHIBY, for the setting of this corporation on the 1. The necessary informations have been Finance Minister. aforesaid conditions. The National Authority obtained from the pressman Ibrahim shall be represented by Dr. Amin Hadad in Tlkarain on his personal account in France PALESTINIAN ECONOMIC COUNCIL, his name and on behalf of persons from our he and his partners Remonde Altaweel. DEVELOPMENT AND RECONSTRUC- 2. The transfer has been effected of 2.5 mil- staff reliable and having a good name. TION (PECDAR), lion American dollars. In accordance with the desire of the com- September 8, 1994. 3. The bank has confirmed receipt of the rade leader Abu Amar President of the Na- To the comrade Mohammad Zuhdi transfer. tional Palestinian Authority, the amount of Alnashashiby, Finance Minister—Gaza. 4. The way of transfer is sophisticated and six million US dollars should be diligently Greetings of Return. the other party cannot in any way discover paid in a due way. Referring to your letter dated 12.8.1994 No. the way and style which has been taken in Respectfully MP/30/85 which includes the decree by the the transfer. MUHAMMAD ZUHDI ALNASHASHIBY, comrade leader Abu Amar concerning the 5. We have received an excessively impor- Finance Minister. setting and founding of a poultry farm in tant letter from the comrade Remonda

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Altaweel confirming receipt of the whole THE NATIONAL PALESTINIAN AU- THE NATIONAL PALESTINIAN AU- amount and thanking the comrade and be- THORITY, MINISTRY OF FINANCE, THORITY, MINISTRY OF FINANCE, loved father Mr. Yasser Arafat ‘‘Abu Amar’’ August 5, 1994. August 25, 1994. with thanks from the Palestinian diaspora in To the Chairman of the Palestinian Eco- To the Chairman of the Palestinian Eco- France. nomic Council for Development and Re- nomic Council for Development and Re- Please inform the comrade Abu Amar construction (PECDAR), Jerusalem. construction (PECDAR)—Jerusalem. president of the National Authority that his Greetings of return. Greetings of return. orders have been executed properly. Following our letter dated 7.8.1994 No. MN/ Respectfully, In pursuance to our letter dated 15.8.1994 30/75 in the same matter on the basis of ——— ———, No. MF/30/93 (Dr. Ahmad Tiby) I am to in- building the auxiliary apparatus, the com- Chairman, Palestinian Economic Council, form you that the comrade leader Abu Amar rade leader Abu Amar has decided that the Development and Reconstruction (PEDCAR). has instructed me to convey to you his de- activity of the National Palestinian Author- sire for the construction of dwelling flats in ity should spread inside Israel and con- the Arab Jerusalem and its suburbs in build- THE NATIONAL PALESTINIAN AU- centrate on the Arabs and inland Palestin- ings of ten flats each or more in accordance THORITY, MINISTRY OF FINANCE, ians and that this function should rest on November 19, 1994. with the Town Planning Law (authorized) the comrade Dr. Ahmad Tiby and the com- To the Chairman of the Palestinian Eco- and that for this purpose an amount of rades ought to be chosen from among the nomic Council for Development and Re- twelve million US dollars should be assigned members of the Knesseth, the Municipal and construction (PEDCAR), Jerusalem. and the project should not be registered in Greetings of return. Local Councils, the philanthropic organiza- the name of the National Palestinian Au- Whereas the National Palestinian Author- tions, the cooperatives, the villages and the thority lest it would attract reactions from ity encourages the saying of truth which churches in view of gaining their collabora- the other party which will be difficult for us stands above all, and encourages the develop- tion in achieving the following: to solve. Therefore, it shall be arranged as ment of a Palestinian press and journalists 1. Helping the various parties which sup- follows: that they utter the truth with no fear of any port the foundation of the Palestinian State 1. The comrade Dr. Ahmad Tiby shall be danger anywhere and pursue the enemies of which will include Jerusalem. responsible for the setting of this commis- the homeland and unveil them to the public, 2. Helping such local councils as are suf- sion with reliable people under his chairman- therefore the comrade leader has proclaimed fering from financial deficit. ship. as follows: 3. Contributing to the philanthropic and 2. There is no objection to the participa- 1. The Palestinian Press Office shall sup- cooperative associations. tion in this project of landlords who wish so. port the comrade journalist Ibrahim 3. An architectural tactic shall be followed Alkarain, the owner of the office which is 4. Contributing to the village councils. whereby, if circumstances allow that, the sited in Arab Jerusalem, the capital of Pal- 5. Contributing to the bishops and religious same maps shall be used so that the building estine (Journal of the Return) and helping persons who lead the churches of various in all regions will be similar. him to purchase modern printing machines communities. and sophisticated computers and the pur- 6. For these activities an amount of twenty 3.The moves of the commission should not chase of press offices and providing for pay- million US dollars shall be immediately re- attract any attention. ments of employees and pressmen. served. Please deal with the matter in the most se- 2. The center of the said office shall be in As it was mentioned in my previous letter cret way due to its sensitiveness and to the the Arab Jerusalem, the capital of the state the comrade leader Abu Amar recommends position of the comrade Dr. Ahmad Tiby in of Palestine. that the activities of the said committee the region. 3. A preliminary amount of 2.5 million US should not be noticed by the public and they Respectfully, dollars shall be provided in installments to should be far and away from journalists and MUHAMMAD ZUHDI ALNASHASHIBY, be decided on. Finance Minister. 4. A financial arrangement shall be pro- statesmen. vided to expend the amount in a way which Respectfully, PALESTINIAN ECONOMIC COUNCIL will be convenient to (him). MUHAMMAD ZUHDI ALNASHASHIBY, (PECDAR) Please take the necessary steps to execute Finance Minister. August 17, 1994. the aforesaid and have us informed. To the comrade Mohammad Zuhdi Respectfully, PALESTINIAN ECONOMIC COUNCIL, Alnashashiby, Finance Minister—Gaza. MUHAMMAD ZUHDI ALNASHASHIBY. DEVELOPMENT AND RECONSTRUC- TION (PECDAR) Greetings of Return. PALESTINIAN ECONOMIC COUNCIL, August 31, 1994. With reference to your letter dated 7.8.1994 DEVELOPMENT AND RECONSTRUC- To the comrade Mohammad Zuhdi No. MP/30/75 relating to the decree of the TION (PECDAR), Alnashashiby, Finance Minister—Gaza. leader comrade Abu Amar concerning the August 23, 1994. Greetings of Return. setting of a land corporation sited in the city To the comrade Mohammad Zuhdi Referring to your letter dated 25.8.1994 No. of Jerusalem which will specialize in pur- Alnashashiby, Finance Minister—Gaza. MP/30/111 concerning the building of dwelling chasing lands in Arab Jerusalem (Eastern) Greetings of return. flats in Arab Jerusalem and its suburbs by the capital of the Palestinian State with the Referring to your letter dated 15.8.1994 No. decree of the leader comrade Abu Amar and will of God and in the Old City, we are to in- MP/30/1994 which includes the matter of the assigning the matter to Dr. Ahmad Tiby form you the following: decree promulgated by the comrade leader with direct responsibility we are to clarify 1. We have contacted the comrade Dr. Abu Amar concerning the ‘‘inland Palestin- the following: Ahmad Tiby and have obtained from him the ians’’ from among members of the Knesseth bank informations and the way and style and parties and philanthropic and coopera- 1. The transfer of the amount of twelve which he prefers for the transfer of the re- tive organizations and local councils and pri- million dollars in the same way is not easy quired amount at the inception of this vate councils and churches ‘‘helps and con- now. project. tributions’’ and that this matter should be 2. Half of the amount may be transferred held directly and intensively by the brother immediately (namely six million dollars) and 2. The method of transfer of the amount is Dr. Ahmad Tiby, we are to inform you as fol- the other half may be paid after a month sophisticated and convincing. The other lows: from today. party will never be able, to discover the way and method whereby the transfer is effected. 1. We have contacted Dr. Ahmad Tiby who 3. The comrade Dr. Ahmad Tiby has con- has visited our office personally and he pre- sented to divide the amount and has affirmed 3. We have contacted the bank to which fers not to talk on the telephone. that there is no urgency now and no preju- the transfer has been effected and it has con- 2. He has assured us of the necessity to dice will come out of the postponing. firmed its receipt. pursue the transfer in the same way. Please convey the actual picture to the Please assure the comrade leader Abu 3. We should inform him by code of the re- Amar that the matter has been executed pre- ceipt of the amount in his account special comrade leader Abu Amar and clarify that the amount of six million dollars has been cisely and most secretly. abroad. Respectfully, 4. The amount has been transferred and en- brought in the account of the comrade Dr. Tiby when this letter will reach you. ——— ———, tered in his account in due form. Chairman. Please inform the comrade leader Abu Respectfully, Amar that the matter has been effected in ——— ———, It is forbidden to read this document with- the most secret way due to the sensitivity of Chairman, Palestinian Economic Council, out the special authorization of the Presi- the operations. Development and Reconstruction. dent Respectfully, It is forbidden to read this document with- ——— ———, out the special authorization of the Presi- THE NATIONAL PALESTINIAN AU- Chairman. dent. THORITY, MINISTRY OF FINANCE,

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The decision to throw a cloak sequently jeopardize the peace process and tion of Russian pressure to influence deci- of secrecy over this report probably the good name of the Palestinian Authority sions regarding the path of pipelines that was not related to the fact that it was in the international circles by the (missing will carry Azerbaijan oil; submitted just a few days after his word) and mainly the American administra- (3) Russian efforts or agreements to as- tion; sume partial or complete responsibility for Washington summit with President Therefore the comrade leader has decided securing the borders of countries other than Yeltsin. I am only speculating here, as follows: Russia, using troops of the Russian Ministry but perhaps the administration did not 1. To found a land corporation which will of Defense, Ministry of the Interior or any want to embarrass President Yeltsin, be sited in Jerusalem, which will purchase other security agency of the Russian Federa- although it is not clear that he would lands in East Jerusalem and in the Old City tion; have been embarrassed at all. Just and only in the name of this corporation. (4) Russian efforts to integrate its armed 2. The capital of the corporation shall be prior to the summit, President Yeltsin forces, other security forces, or intelligence embraced a Russian Foreign Intel- fifteen million american dollars at the start. agencies with those of any other country and 3. The manager of the chairman of the the relationship of such efforts to the devel- ligence Service report calling for re- board will be Dr. Ahmad Tiby and the mem- opment of institutions under the Common- integration of the former Soviet repub- bers of the Board will be the following: wealth of Independent States; and lic into a single economic and defense 1. Bassam Tcdel Hameed Alsa’ih, 2. Haj (5) Russian compliance with the Treaty on zone, complete with a unified military Faiz tk’ubaidy, 3. Abd Abu Diyab, 4. The law- Conventional Armed Forces in Europe and command and a Russian nuclear um- yer Ali Guzlan, 5. Abdel Rauf Abu Assab the Organization on Security and Coopera- (Abu Kaid), 6. Haj Tewfik Abu Zahra. brella. tion in Europe’s Code of Conduct on the Po- Perhaps the administration was wor- We stress that it is the desire of the com- litico-Military Aspects of Security. rade leader Abu Amar that the meetings of ried about being embarrassed itself this group should be held secretly and its ac- Mr. COHEN. Mr. President, early last given its acquiescence to Russia mili- tivities should not be noticed and it should year, Mr. President, the Senate adopt- tary adventures. keep its documents and registries away from ed an amendment I offered to require In any case—no need to speculate the other party. the President to submit a report on the about this—the decision to classify the Respectfully, revised Russian military doctrine and report from cover to cover has pre- ——— ———. Russian military operations outside vented Congress from conducting a Mr. LEAHY. Mr. President, if nobody Russia’s border. complete public debate about Russian else is seeking recognition, I suggest The report was necessary because actions and the administration’s policy the absence of a quorum. Russia has been engaging in a system- toward Russia, and it has prevented the The PRESIDING OFFICER. The atic effort to regain effective control American people from becoming fully clerk will call the roll. over the countries that formerly made informed on these matters. The assistant legislative clerk pro- up the Soviet Union. The tools Moscow And so I am offering an amendment ceeded to call the roll. has been using in this effort have in- today to require that the report be de- Mr. COHEN. Mr. President, I ask cluded economic, political, and mili- classified to the maximum extent pos- unanimous consent that the order for tary, including blatant military inter- sible. The amendment also requires the quorum call be rescinded. vention and covert military actions. submission of an addendum, unclassi- The PRESIDING OFFICER. Without Moscow fomented secessionist war on fied to the maximum extent possible, objection, it is so ordered. Georgia, bringing the government of updating the information in the report. AMENDMENT NO. 2724 Eduard Shevardnadze to the brink of Among the more recent issues that Mr. COHEN. Mr. President, I send an defeat. Once Moscow had coerced him need to be addressed in the addendum amendment to the desk and ask for its to capitulate to its demands to join the are the agreement Prime Minister immediate consideration. Commonwealth of Independent States Chernomyrdin signed last October to The PRESIDING OFFICER. Without and give Moscow permanent military withdraw Russian troops from Moldova objection, the pending amendment will bases, Russian troops rushed in to keep within 3 years, which Moscow now be set aside. The clerk will report. the peace. seeks to nullify by pressuring Moldova The assistant legislative clerk read In Moldova, Russian troops assisted for permanent basing rights. There as follows: ethnic Russian secessionists establish a have been further coup attempts in self-proclaimed independent republic Azerbaijan in which Moscow might The Senator from Maine [Mr. COHEN] pro- poses an amendment numbered 2724. sandwiched between Moldova and have had a hand as part of its intense Ukraine’s western border. effort to compel Azerbaijan to ship its Mr. COHEN. Mr. President, I ask In oil-rich Azerbaijan, Russian troops oil through a Russian pipeline. Moscow unanimous consent that reading of the provided assistance to rebel forces that continues its pressures to unify the de- amendment be dispensed with. overthrew the democratically elected fense policies of the newly independent The PRESIDING OFFICER. Without government and then may have sup- states, with President Yeltsin person- objection, it is so ordered. The amendment is as follows: ported coup efforts against the new ally endorsing the effort just last week. government once it refused to succumb And Moscow seems intent on blatantly At an appropriate place in the bill, insert the following new section: to Moscow’s effort to dictate to it on violating the Treaty on Conventional oil policies. Armed Forces in Europe, the so-called SEC. . REPORT ON RUSSIAN MILITARY OPER- ATIONS. Russian troops are heavily involved CFE Treaty, which the administration (a) No later than three months after the in the civil war in Tajikistan and pa- has called the cornerstone of post-cold- date of enactment of this act, the President trol the borders of Tajikistan and Ar- war European military stability but

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14014 CONGRESSIONAL RECORD — SENATE September 21, 1995 which the administration is not pro- establishment and maintenance of of- The PRESIDING OFFICER. The posing to amend in response to Russian fices for both agencies. The bill in its pending amendment is No. 2712 offered threats to abandon the treaty. current form allocates $5 million for by the Senator from Alaska. Ironically, the Russians now object. both agencies to establish and main- Mr. HARKIN. Mr. President, so my After having negotiated and signed and tain offices. It is my understanding understanding is that for any amend- ratified the CFE treaty—they now ob- that this appropriation is to be split ment offered there has to be unani- ject to its provisions. evenly between the Federal Bureau of mous consent to lay aside that amend- So, clearly, the need for a well in- Investigation and the Secret Service, ment. Is that correct? formed public debate is greater today $2.5 million per agency. I realize that The PRESIDING OFFICER. The Sen- than when the Senate voted on this this was the intent of the sub- ator is correct. committee and I merely wanted the op- last year, calling for the President’s re- Mr. HARKIN. Mr. President, I ask port. The amendment I offer would en- portunity to ensure that the RECORD accurately reflects this appropriation. unanimous consent to set the amend- sure that such a debate can take place ment aside. in Congress, in the media, and in other Mr. MCCONNELL. Mr. President, the The PRESIDING OFFICER. Is there public fora. So I urge my colleagues to Senator from New York is correct, and objection? accept, or if not accept, adopt the I thank him for his concern. This ap- amendment. propriation is intended to fund the es- Mr. McCONNELL. Objection. Mr. McCONNELL. I thank the Sen- tablishment and maintenance of offices The PRESIDING OFFICER. Objec- ator from Maine for bringing up a real- for the Federal Bureau of Investigation tion is heard. ly, I think, significant issue, just the and the Secret Service. The intent of Mr. McCONNELL. Mr. President, I continued presence of Russian troops the subcommittee is for these funds to might say I would like to discuss the in the former Soviet Republics, and be split evenly between the two agen- matter with Senator HARKIN. For the how that intimidates those young de- cies. I understand the ambiguity of the time being I would object to laying the wording in the bill and I hope this dia- mocracies. amendment aside until I see what he So I think the amendment of the log will answer any questions or uncer- would like to achieve. tainties. Senator is very well advised. This is Mr. HARKIN. Mr. President, I have a Mr. D’AMATO. I thank my friend and the kind of information, it seems to colleague for that clarification. I feel sense-of-the-Senate resolution which I me, that ought to be shared. I com- the importance and immediacy of fill- am going to offer on the bill at some mend him for his amendment and I am ing these law enforcement positions point. I figured since there was a lull in prepared to support it. I am aware of should not be delayed to bureaucratic the proceedings, we do not need to take no opposition on this side. debate on the amount of funds awarded much time. The PRESIDING OFFICER. The Sen- to the different agencies. Senator FEINGOLD and I have an ator from Vermont. Mr. McCONNELL. Mr. President, I amendment which we would enter into Mr. LEAHY. Mr. President, I have suggest the absence of a quorum. a time agreement on. It is a sense-of- earlier discussed his amendment with The PRESIDING OFFICER. The the-Senate resolution. I figured there the Senator from Maine. There is much clerk will call the roll. was no one else doing anything around I find very appealing, for a number of The legislative clerk proceeded to noontime. the reasons that he has laid out. There call roll. Mr. McCONNELL. Mr. President, I have been just a couple of questions Mr. McCONNELL. Mr. President, I would be happy during the quorum to raised on this side. I wonder if we ask unanimous consent that the order discuss with the Senator from Iowa might delay any action just for a few for the quorum call be rescinded. what he has in mind. Maybe I would more minutes. The PRESIDING OFFICER (Mr. not have an action to laying aside the What I am going to do is suggest the THOMAS). Without objection, it is so or- current amendment. I would like to absence of a quorum, but it will be only dered. have a sense of what we are doing here. for a very few—I see the chairman may AMENDMENT NO. 2724 Mr. President, I suggest the absence have something else to say about it. Mr. McCONNELL. Mr. President, we of a quorum. But I suggest, in a few more minutes have now cleared the Cohen amend- The PRESIDING OFFICER. The we may be able to resolve this whole ment on both sides. I am not aware of clerk will call the roll. issue. I am sure that would be agree- any need for further debate. able to the Senator from Maine. Mr. LEAHY. Mr. President, as I noted The legislative clerk proceeded to Mr. COHEN. I have no objection. earlier, I support the Cohen amend- call the roll. The PRESIDING OFFICER. The Sen- ment. I wanted to doublecheck with a Mr. LEAHY. Mr. President, I ask ator from Kentucky. couple of people on this side. I appre- unanimous consent that the order for Mr. McCONNELL. Mr. President, let ciate the Senator from Maine and the the quorum call be rescinded. me say in conclusion on the Cohen Senator from Kentucky delaying ac- The PRESIDING OFFICER. Without amendment, I think Senator KERRY tion while we did that. That checking objection, it is so ordered. will be here shortly to, as well, offer an has been done. PRIVILEGE OF THE FLOOR amendment upon which a rollcall will I compliment the Senator from Maine on his amendment. It is accept- Mr. LEAHY. Mr. President, I ask be required. unanimous consent that floor privi- Mr. D’AMATO. Mr. President, I rise able on this side. The PRESIDING OFFICER. If there leges be granted to Stephanie Eglinton, to discuss with the chairman of the a Javits fellow currently on Senator subcommittee an issue of importance is further debate, the question is on BIDEN’s staff, for the duration of debate regarding the opening of offices for the agreeing to the amendment of the Sen- ator from Maine. on the Foreign Operations Appropria- Federal Bureau of Investigation and tions Act. the Secret Service in the triborder area The amendment (No. 2724) was agreed The PRESIDING OFFICER. Without of Argentina, Brazil, and Paraguay. to. Mr. McCONNELL. Mr. President, I objection, it is so ordered. This area has been identified as ex- move to reconsider the vote by which tremely dangerous with criminal and Mr. McCONNELL. Mr. President, I the amendment was agreed to. suggest the absence of a quorum. terrorist elements running rampant in Mr. LEAHY. I move to lay that mo- the area. Today’s organized terrorist The PRESIDING OFFICER. The tion on the table. clerk will call the roll. and criminal organizations are inter- The motion to lay on the table was The legislative clerk proceeded to national in nature and the presence of agreed to. these agencies is of paramount impor- Mr. HARKIN addressed the Chair. call the roll. tance to the security of the United The PRESIDING OFFICER. The Sen- Mr. McCONNELL. Mr. President, I States and its elected officials. The ator from Iowa. ask unanimous consent that the order subcommittee, in its deliberations saw Mr. HARKIN. Mr. President, par- for the quorum call be rescinded. the preponderance of these criminal ac- liamentary inquiry: What is the situa- The PRESIDING OFFICER. Without tivities and appropriated funds for the tion before the Senate right now? objection, it is so ordered.

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14015 Mr. McCONNELL. Mr. President, I (6) the House of Representatives appointed day they have not even met. And they say to my friend from Iowa, would he conferees on September 7, 1995, 168 days after have not even scheduled a day to meet. be agreeable to vote on a motion to both Houses of the Congress had passed line Imagine that? Passed the House on item veto legislation; table his amendment at a quarter to 1? (7) with the passage of time, it increasingly February 6. It passed here on March 23. Mr. President, I ask unanimous con- appears that the Congress may pass and send They appointed the conferees 168 days sent that there be a vote on the Harkin to the President not only the appropriations later. Still have not even met. Unfortu- amendment, on or in relation to the bills for fiscal year 1996 but also the rec- nately, we have just 10 days before the Harkin amendment at 12:45. onciliation bill required by H. Con. Res. 67 end of the fiscal year. And we are not The PRESIDING OFFICER. Is there (the concurrent resolution setting forth the much further than we were a half-year objection? The Chair hears none, and it congressional budget for fiscal years 1996, ago toward passing a line-item veto. 1997, 1998, 1999, 2000, 2001, and 2002) without is so ordered. Mr. President, I must confess, I am a Mr. HARKIN. I thank the Senator. first passing and sending to the President a line item veto bill; little confused. I thought this was sup- Mr. President, did I understand the (8) it is now only 9 days until the end of the posed to be priority legislation of the unanimous consent that there would be fiscal year when the fiscal year 1996 appro- majority party. I thought we needed it a tabling motion at quarter to 1 with priation bills need to become law in order to now—not next month, not next year, no amendments to my amendment? avoid disruption of the Government services; not next decade, but now. And I The PRESIDING OFFICER. There is and thought I heard that the line-item veto a vote ordered on the amendment or in (9) the conferees on S. 4 still have not met. (b) SENSE OF THE SENATE.—It is the sense was too important to take a back seat relation to the amendment at 12:45. of the Senate that— to partisan politics. Mr. McCONNELL. I might say to the (1) the conferees on S. 4 should meet by Well, I know what the cynics might Senator from Iowa, it would be my in- September 26; say, ‘‘Wait a second. I know what is tention to offer a motion to table at (2) the conferees should expeditiously re- going on here. The majority does not that point. solve the differences between the 2 bills in sufficient time for the House of Representa- want to hand this new power over to a Mr. HARKIN. A plain motion to Democratic President.’’ table? tives and the Senate to consider the con- I have to say that could not be the Mr. McCONNELL. Yes, a plain mo- ference report on S. 4 prior to the time the President is required to act upon the first case. After all, on the day that the tion to table. fiscal year 1996 appropriation bill; and line-item veto passed the House, the Mr. LEAHY. Mr. President, could we (3) if the conferees do not complete action Speaker of the House, Speaker GING- ask unanimous consent that no other on the conference report in time to allow for RICH said: motions or amendments be in order? the House of Representatives and Senate to The PRESIDING OFFICER. Is there consider the conference report prior to the It does show our sincerity, I think, that we objection? time the President is required to act upon are prepared to deal with giving President Mr. McCONNELL. I have no objec- the fiscal year 1996 appropriation bills, S. 4 Clinton increased power because we think it is good for America. tion. should, to the extent possible, contain provi- The PRESIDING OFFICER. Without sions making the provisions of S. 4 applica- On the day the legislation passed the ble to the fiscal year 1996 appropriation bills Senate, our majority leader, Senator objection, it is so ordered. and the 1995 reconciliation bill. Mr. HARKIN. I thank the Chair. I DOLE, said: Mr. HARKIN. Mr. President, this res- thank the floor managers. During the 1980’s, opponents of the line- olution provides that the conferees AMENDMENT NO. 2725 item veto used to say that Republicans sup- meet on the line-item legislation by ported it only because a Republican hap- (Purpose: To express the sense of the Senate next Tuesday, September 26. pened to be President at the time. With the on the conference on S. 4., the Line-Item This sense-of-the-Senate amendment passage of this measure we hope to dispel Veto Act) provides that Congress move forward that myth once and for all. We believe that Mr. HARKIN. Mr. President, I have and send the line-item veto legislation any President of the United States, as Chief an amendment I send to the desk and to the President expeditiously. It calls Executive, should be given more power to re- ask for its immediate consideration on on the conferees, as I said, to meet by duce Federal spending. . . . Now we are in the behalf of myself, Senator FEINGOLD, next Tuesday, and further calls on the majority, and we are prepared . . . to give this authority to a Democratic President. Senator DORGAN, and Senator BRAD- conferees to resolve their differences LEY. and bring a conference report to the So, Mr. President, this could not cer- The PRESIDING OFFICER. The floor in time for the President to use tainly be about partisan politics. This clerk will report. the authority of the line-item veto on could not be about a Republican Con- The legislative clerk read as follows: the first fiscal year 1996 appropriations gress and Democratic President. So let The Senator from Iowa [Mr. HARKIN], for bills. And if the conferees do not com- us move forward. himself, Mr. FEINGOLD, Mr. DORGAN, and Mr. plete action by that time, the amend- Now, Mr. President, I do not think BRADLEY, proposes an amendment numbered ment provides that it is the sense of that the line-item veto is a panacea for 2725: the Senate that the conferees should everything. I had concerns and still The amendment is as follows: include a provision to make it effective have some concerns about it. But I also At the appropriate place, insert the fol- for the fiscal year 1996 bills already see the huge job we face in responsibly lowing: signed. balancing the budget. I believe the SEC. . SENSE OF THE SENATE ON THE CON- Mr. President, this body passed a time has come to use all the tools we FERENCE ON S. 4., THE LINE ITEM have. And the line-item veto is one of VETO ACT. line-item veto bill on March 23. The (a) FINDINGS.—The Senate finds that— other body passed it on February 6. It those tools. We need every effective (1) the line item veto was a major plank in was part of their so-called 100-day Con- tool to weed out the wasteful spending the House majority’s ‘‘Contract With Amer- tract With America. But we had to and cut the pork and not the people. It ica’’ and has received strong bipartisan sup- wait not 100 days, or 130, or 140, or 150, will help this country reach a balanced port in the 104th Congress; we had to wait 168 days for the other budget more easily and hopefully more (2) the House of Representatives on Feb- quickly. ruary 6, 1995, passed H.R. 2, the Line Item body just to appoint conferees. Veto Act of 1995, on a vote of 294–134; One of the major items that they Let me repeat the words of the ma- (3) the Senate on March 23, 1995, passed S. wanted—it took them 168 days just to jority leader. 4, the Separate Enrollment and Line Item appoint conferees. Days rolled by, We all believe that any President of the Veto Act of 1995, on a vote of 69–29; weeks rolled by, months rolled by. Still United States, as Chief Executive, should be (4) the House of Representatives passed S. no conferees. Finally, on August 1 Sen- given more power to reduce Federal spend- 4, with the text of H.R. 2 inserted, by voice ator DORGAN proposed a sense-of-the- ing. If we cannot control ourselves—maybe vote on May 17, 1995, 50 days after passage by Senate resolution calling on the other the Chief Executive can help. the Senate; I believe that the conferees and the (5) notwithstanding the failure of the body to appoint conferees on the line- House of Representatives to request a con- item veto legislation. It passed on a congressional leadership owe the Amer- ference, the Senate disagreed with the House vote of 83–14 in this Senate. ican people a proposal that will pass amendment, requested a conference, and ap- And on September 7, the conferees the House and the Senate and be sent pointed conferees on S. 4 on June 20, 1995; were finally appointed. But to this very to the President so he has the ability

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14016 CONGRESSIONAL RECORD — SENATE September 21, 1995 to exercise the line-item veto on appro- and it remains stalled. The other body suggest that the line-item delay is par- priate provisions in the 13 appropria- did not ask for a conference committee tisan. And in doing so, it also expresses tions bill that we are now passing. It until mid-May, and it was a month be- clear support to allow the President to can and should be done. Let us have a fore the Senate appointed conferees. begin to exercise the kind of specific conference report before the House and Until last week the other body had still budget pruning that many of us feel is the Senate by the end of this month so to appoint its own conferees. a necessary response to the budget this President can exercise the line- Now, Mr. President, some have sug- abuses that do persist in this year’s ap- item veto that the majority party has gested that the failure of the other propriations bills. Pork did not end in said for so long that they want to give body to appoint conferees in a timely this place on November 8. I have a sus- to the President. manner and the general slowing down picion it increased over the 103d Con- Mr. President, I yield the floor. of the measure was partisan in nature, gress. Mr. FEINGOLD addressed the Chair. the delay was a deliberate effort by Just last month, my friend and col- The PRESIDING OFFICER. The Sen- leadership to deny President Clinton league, Senator MCCAIN, who has ator from Wisconsin. an effective budget tool during this helped form a number of colleagues Mr. FEINGOLD. I thank the Chair, very crucial period of time when we into a group of pork busters, took to and I especially thank my colleague have to consider appropriations bills the floor and specifically identified a and friend from Iowa, Mr. HARKIN, who and reconciliation and the overriding number of problems with the fiscal has taken the lead on this. I am de- need to balance the budget as soon as year 1996 defense appropriations bill. lighted to participate with him, along possible. He mentioned an appropriation of $20 with the Senator from North Dakota, I hope this is not the case. Certainly million to fund an unauthorized trans- Mr. DORGAN, and the Senator from New in this body it has to be said that one fer of federally owned educational fa- Jersey, Mr. BRADLEY, in expressing the of the leading proponents of the line- cilities on military installations to sense of the Senate that the conferees item veto has been the senior Senator local education agencies. on S. 4, the line-item veto bill, should, from Arizona [Mr. MCCAIN], a Repub- He mentioned a transfer that was not by September 26, expeditiously resolve lican. Now, I know he supports moving even reviewed by the Armed Services the differences of the two Houses in rapidly on this question and to give Committee. He mentioned a $1 million time to consider the conference report this President this new authority in earmark for the marine and environ- on S. 4 prior to the President needing time to address this year’s budget mental research and training station, to sign the fiscal year 1996 appropria- measures. also unauthorized, and he mentioned tions bills and also this year’s rec- It has been my privilege to work with that this was contrary to the wishes of onciliation bill. Senator MCCAIN on a number of reform the Navy. If the conferees do not complete ac- measures including a number that tar- Senator MCCAIN also mentioned the tion on the conference report in time get these very budget practices that granting of authority for the Coast to allow Congress to consider the re- tend to load up our bills with pork and Guard to draw $300 million from the de- port, prior to the President signing of they cannot be eliminated because of fense business operations fund, a new the fiscal year 1996 appropriations bills the lack of a line-item veto. I was espe- authority that I am informed was not and this year’s reconciliation bill, as cially pleased that an amendment we considered by the Armed Services Com- the Senator from Iowa pointed out, offered to the line-item veto bill relat- mittee. this amendment further expresses the ing to emergency appropriations was So, Mr. President, there are many ex- sense of the Senate that the line-item also included in the Senate version of amples, but these are good examples of veto conference report should, to the the measure. So this also is dependent the kinds of provisions that could and extent possible, contain provisions on moving quickly on the line-item should be eliminated with the appro- making the bill applicable to the fiscal veto issue. priate application of the line-item year 1996 appropriations bills and the Senator MCCAIN is committed to veto, and there are equally good can- 1995 reconciliation bill. Simply stated budget reform. And I believe many of didates for line-item veto review by the it would give this President, President his Republican colleagues in this body President in other appropriations bills Clinton, the opportunity to clean out share that commitment. I believe that as well. some of the pork in the bills that we they are ready and willing to provide I do not think any fairminded person may pass in next few weeks this year President Clinton with the line-item would suggest that this year’s crop of instead of having to wait until next veto authority in time to exercise it appropriations bills is sufficiently pure year. during this budget cycle. of budgetary mischief that the line- Mr. President, the Senate passed S. 4, However, Mr. President, as I noted, it item veto authority should be post- the Line-Item Veto Act of 1995 on was not until last week that the other poned until next year. There is plenty March 23, many months ago. A few body finally appointed conferees that that needs to be taken out now. weeks earlier, in early February, the allowed Congress the opportunity to That should be reason enough to act other body had passed their own come to an agreement on this impor- on a line-item veto in a timely manner, version of this important legislation. tant issue and give this President, but I also believe there is another, pos- And this was trumpeted quite loudly President Clinton, the flexibility that sibly more important reason for acting throughout the country as one of the he needs to shape this Federal budget. quickly, and it goes to the heart of the leading items in the so-called Contract With the fiscal year almost at an end, original line-item veto debate. With America. For something other and work on various appropriations Mr. President, I supported the line- than an emergency appropriations bill, bills and reconciliation measures item veto measure as it passed this that was very rapid consideration, and scheduled to be completed in the next body, and hope to support a conference I would say in this case rightly so. few weeks, this delay in hammering committee agreement as well, but the The line-item veto proposal, in one out a line-item veto measure may well question is a very close one for me. form or another, in my view, could be jeopardize our ability to provide Presi- I have deep concerns about the poten- a useful tool to help reduce the Federal dent Clinton with this very important tial abuse of an overly expansive line- deficit and balance the Federal budget additional authority. item veto authority. and more importantly to bring reform This amendment we are offering In Wisconsin, we have seen the abuse to the whole budget process. Indeed the today speaks to this very issue by ex- of an overly broad veto authority by a line-item veto was part of the so-called pressing the sense of the Senate that if number of Governors, and it is safe to Contract With America agenda and ini- a new line-item veto authority is cre- say that no one anticipated the extent tially being given this kind of expe- ated, that this President be able to act of those abuses when the line-item veto dited treatment. on that authority on this year’s appro- authority was first contemplated. But, Mr. President, the expedited priations measures and this year’s rec- The current Governor, Governor treatment of the line-item veto ended onciliation bill. Thompson, has used the veto authority some time ago. The line-item veto bill This amendment allows Members to not only to rewrite entire laws, but to began to slow and eventually it stalled go on record to refute those who would increase spending and increase taxes.

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14017 In the hands of a President, that kind Mr. BYRD. I would like to have They decided that we should buy of abusive authority would not only de- about 5 days on it, but since you only trucks that the Defense Department feat the intent of those who have advo- have 5 minutes, that will be fine. says we do not need; we should buy cated expanded veto authority, it could Mr. MCCONNELL. The Senator from submarines the Defense Department well upset the checks and balances so West Virginia will have the last 5 min- says we do not want; we should buy jet carefully designed by the Framers of utes before the vote, at which point I fighter planes that the Defense Depart- the Constitution. be recognized to make a motion to ment did not ask for. That is the potential peril of the line- table. And the hood ornament, in my judg- item veto, and I believe it is shared by Mr. HARKIN. Reserving the right to ment, on all of the pork that exists in many of my colleagues who supported object, since we have about 20 minutes these bills, especially that bill, was in S. 4 as it passed the Senate. left for debate, I wonder if we can at the Defense authorization bill. Some- If the cynics are right, and the line- least equally divide whatever time is one wrote in, with no hearings and no item veto measure is being deliberately remaining. discussion, that we should buy blimps, stalled to gain partisan advantage by Mr. MCCONNELL. I think that will $60 million to buy blimps in the De- denying a Democratic President the be fine, divide the remaining time until fense authorization bill. It apparently opportunity to use this new tool, then 10 minutes to 1 evenly. is the Hindenburg strategy of defense. there may be real cause for concern The PRESIDING OFFICER. Is there It demonstrates that hot air exists all about what the end product of the con- objection? Without objection, it is so over this town, even in the bowels of ference committee will be. ordered. the Defense authorization bill to spend Partisan political advantage is an ir- Mr. DORGAN addressed the Chair. $60 million without a hearing and with- responsible and reckless basis on which The PRESIDING OFFICER. The Sen- out thoughtful discussion to buy to establish this additional authority ator from North Dakota. blimps. for the President. Mr. DORGAN. Mr. President, may I I speak only as one, but I guess I A new line-item veto authority craft- inquire of the Senator from Iowa if I ed on such a foundation may well be would like to see when the Defense au- might speak for 5 minutes? thorization committee or Appropria- susceptible to being overly broad, and Mr. HARKIN. How much time do we tions Committee says, ‘‘Let’s buy one that is subject to Presidential have, Mr. President? trucks’’ that we do not need, that abuse when the authority is finally The PRESIDING OFFICER. There somebody might be able to say, ‘‘Well, granted. are 20 minutes remaining, and each I’m going to veto that line. There is no Instead of fashioning a useful tool to side has 10 minutes. sense buying trucks we don’t need for help shape a better, learner budget, a Mr. HARKIN. I yield 5 minutes to the the military.’’ line-item veto authority that is driven Senator. by partisan considerations could dra- Mr. DORGAN. Mr. President, it is Or when somebody says, ‘‘let’s buy matically shift the balance of power very rare these days that I disagree blimps,’’ without a hearing on why we between the legislative and executive with my friend, the distinguished Sen- need blimps to defend America, maybe branches that was so carefully crafted ator from West Virginia, Senator someone can get out a veto pen and by the Framers of the Constitution. BYRD. I have watched him on the floor, say, ‘‘I’m sorry, in the interest of the Mr. President, I very much view our and he almost always comes to the American taxpayer, that is something amendment as an insurance policy floor right on the bull’s eye of an issue. we ought not do.’’ That is why a line- against just such a disaster. In this case, however, we have a dis- item veto makes sense; you can go into If the Republican-controlled con- agreement. He will no doubt speak elo- those bills and do it. ference committee knows that a Presi- quently, as he does, in his opposition to In the recent defense bill, they resur- dent of the opposing party is to have the line-item veto, but I reached a dif- rect star wars. They have $300 million this new expanded authority, they will ferent conclusion on this issue. to build a new star wars project with be less likely to structure a line-item I voted for and supported a line-item an accelerated deployment in 1999. The veto that would allow the kind of abuse veto when President Reagan was Presi- President says, ‘‘That does not make we have seen in Wisconsin. dent, believing as a Democrat that this any sense. In my judgment, it is an And the taxpayers are doubly win- President, President Reagan, ought to awful waste of the taxpayers’ money.’’ ners. have a line-item veto. I felt the same If the President had the line-item veto, First, because a modest line-item way and voted the same way when the President could go into that appro- veto authority will be exercised all the President Bush was President, and I priations bill and just veto the line for sooner. star wars, veto the line that says, And second, because future Presi- feel the same way now that President Clinton is President. ‘‘Let’s spend $300 million we don’t have dents of either party will not become to build something we don’t need.’’ backdoor emperors that can dictate to The Senator from Iowa says, ‘‘Let’s I would like the President to have Congress. get moving.’’ We passed a line-item Mr. President, I urge my colleagues veto bill, the Senate passed a line-item that veto power. Why does he not have to support this amendment, to dem- veto bill, it is in the Contract With it? Because we have a lot of folks who onstrate to cynics that at least this America, and yet it has been stalled. are stalling and foot dragging. They body is sincere in its support of a line- Why? I assume it has been stalled be- talk about the line-item veto, but they item veto, and to ensure that this cause some folks want to talk about it really do not believe in it. Had they be- year’s budget gets the kind of thorough more than they want to do it. They lieved in it, they would have brought review to which taxpayers are entitled. prefer that a line-item veto be given to that back from conference. I will conclude by saying that I see a Republican President but not a Mr. President, do you know some- that the Senator from North Dakota, Democratic President. thing? They have not even been to con- who has been a great leader on this Let me describe to you why I think a ference—have not even been to con- issue, is here. I defer to him at this line-item veto might be appropriate for ference. Month after month after point, given the limited time that is the interest of the taxpayers in this month they roar and bellow around available. country. We recently had a Defense bill here having press conferences and all Mr. MCCONNELL addressed the on the floor of the Senate, both an au- kinds of charades on the steps of the Chair. thorization bill and an appropriations Capitol talking about what they stand The PRESIDING OFFICER. The Sen- bill. If you take a look at the Defense for, what they fight for. The fact is, ator from Kentucky. bill, No. 1, it spent $7 billion more than what they fight for is evident on the Mr. MCCONNELL. Mr. President, this the Department said they wanted to floor of the Senate and the House. vote is currently scheduled for quarter defend this country. In other words, They do not fight so hard for the line- to 1. I ask unanimous consent that the the Defense Department said, ‘‘Here item veto. Apparently, they are willing vote occur at 10 minutes to 1 and are our needs for defense purposes,’’ to pass it and talk about it, but they that—how much time does the Senator and then the Senate added $7 billion are not ever willing to go to con- from West Virginia desire? more. ference.

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14018 CONGRESSIONAL RECORD — SENATE September 21, 1995 The Senator from Iowa is saying, let as anybody, to oppose many of the ef- line-item veto can be given to the us get this thing to conference, get it forts being made by Senators on both President by legislation. I think that it back and get it done. If you believe in sides of the aisle, and Members on both would require a constitutional amend- it, as you say you do, join us, let us fin- sides of the Capitol, to cut or emas- ment to give the President a line-item ish the job. Let us give this President culate vital programs. Some programs veto. We cannot change the Constitu- the opportunity with the line-item need to be cut. Some funding programs tion of the United States by legisla- veto to write a line through some need to be reduced. Some, perhaps, tion—resolution or otherwise. Now, blimps, strike a line through some star need to be eliminated. But I think that this is just a sense-of-the-Senate wars, get rid of some trucks, yes, even we are going too far in some of the amendment and, therefore, it will not get rid of a few submarines that this things that are being advocated by the have much impact anyhow. However, it country does not need and is now going party that is now in control of both is the wrong direction in which to to apparently ask the taxpayers to pay Houses. move. for it. I expect to see the President use his Mr. President, Nero, the Roman Em- That is why we should have the line- veto on occasions when merit would re- peror who reigned from 54 to 68 A.D., item veto. I hope we adopt the amend- quire it. I will be among the foremost was condemned by the Senate. When he ment Senator HARKIN offers. I intend in defending some of the programs that heard that the Senate had passed a de- to support it. stand to be cut or in opposing mis- cree condemning him, he fled. He was Mr. President, I yield back the re- guided policies. As ranking member on in the company of one of his servants mainder of my time. the Senate Appropriations Committee, and two or three friends, and they fled Mr. MCCONNELL. How much time do I am confronted with such problems to a country house, where he sought to I have, Mr. President? every day. So I am not at all happy remain hidden from the Senate. When The PRESIDING OFFICER. Ten min- with some of the actions that are tak- he heard the sound of horses’ feet ap- utes. ing place around here. proaching—bearing the Senate-ap- Mr. MCCONNELL. I yield 8 minutes But this amendment is a political to the distinguished Senator from West pointed enforcers of the execution de- move. I do not think it is a very wor- Virginia. cree—he tried to get one of those per- thy one. It is never worthy to play pol- The PRESIDING OFFICER. The Sen- sons who were with him to die first so itics with the Constitution of the ator from West Virginia. as to show him—Nero—how to die, and Mr. BYRD. Mr. President, I thank United States. I will say it this way. I thus give him the courage to die. But the distinguished Senator from Ken- have great respect for the Senators he had no takers. So when the horses’ tucky [Mr. MCCONNELL]. who are advocating this approach. hooves sounded louder and louder and Mr. President, I was not informed Their intentions are good. But I must were almost upon him, he put a dagger that there was about to be a time limi- say that I am a little surprised at some to his throat and said, ‘‘I die shame- tation on this amendment. I just hap- of those who are advocating it. I am fully.’’ pened to be eating one of those ‘‘coal under the impression that some of the Mr. President, the day that the Con- miner’s steaks,’’ one of those bologna supporters of this amendment have gress hands to the President the line- sandwiches, downstairs in my office been against the line-item veto in the item veto, the Congress will put a dag- when I heard the booming voice of my past. Yet, now they, apparently, are ger to its own throat and it will ‘‘die friend from Iowa, Mr. HARKIN, coming advocating that this President be given shamefully.’’ across the TV screen advocating this the line-item veto. I hope that the manager of the bill piece of foolishness. I do not advocate that any President will move to table this iniquitous I was somewhat surprised that no- be given the line-item veto. I was amendment and that it will be tabled body had called me to see if I had any against it when Mr. Reagan was Presi- overwhelmingly. objections to limiting the time on this dent. I was against it when Mr. Bush Mr. MCCONNELL. Mr. President, I amendment. I think everybody in the was President. I am against it now that will soon move to table the Harkin Senate, including all the staff, knows Mr. Clinton is President. I do not think amendment and ask for the yeas and that I do not enter into time agree- it is appropriate for us on the Demo- nays. ments on line-item veto amendments cratic side to be against a line-item The PRESIDING OFFICER. The mo- or constitutional amendments to bal- veto when there is a Republican Presi- tion is not in order until the Senator ance the budget. dent in the White House and then to be has utilized his time. Nevertheless, ‘‘the moving finger for it when we have a Democrat in the The Senator from Iowa. writes; and, having writ, moves on,’’ so White House. It tinkers with the Con- Mr. HARKIN. I thank the Chair. I un- we are limited as to our time. stitution and flies in the face of the derstand the opposition of the Senator I hope that the Senate will table this separation of powers, and checks and from West Virginia, which has been silly amendment and do so with an balances, which constitute the very pil- long, constant, consistent, and elo- overwhelming vote. Number one, the lar of our republican system of Govern- quent. I understand that. Senate should not be trying to tell the ment. I think it is a mistake for us on However, I point out that some of the other body what it should do. Under the Democratic side to advocate giving words he used, like ‘‘foolish’’ and the Senate rules, Senators on this floor this President, President Clinton, a ‘‘silly’’ and all that—I simply point are not supposed to criticize any Mem- line-item veto. out, Mr. President, that on August 1 of ber of the other body or criticize the In the final paragraph, the amend- this year, the Senate passed a similar other body concerning its work. Cer- ment advocates or proposes that the resolution, stating it is the sense of the tainly, we are not supposed to attempt conference report on S. 4 contain lan- Senate that the Speaker of the House to instruct, in any way, the other body guage making the provisions of S. 4 ap- should move to appoint conferees on as to how it should act. plicable to the fiscal year 1996 appro- S. 4 immediately so that the House and Now, we are going to get ourselves priations bills and the 1995 reconcili- Senate may resolve their differences on into a situation where, in the House, ation bill—in other words, making it this important legislation. they will be making speeches critical retroactive. I think that is a mistake, That resolution passed 83 to 14 in this of the Senate or adopting measures Mr. President. I am sorry that I have body. that seek to instruct Senate conferees, to come to the floor at this time and Mr. BYRD. Will the Senator state as this amendment would instruct make these few comments. But I feel so whether or not it had my vote? House conferees. I think we ought to be deeply about the line-item veto. I Mr. HARKIN. Of course, it did not very careful about floor action or de- think it is a surrender of the authori- have the vote of the Senator from West bate that can disturb the comity be- ties and powers of the legislative Virginia. I wanted to point out that it tween the two Houses. branch to the executive branch. was a sense-of-the-Senate resolution. It It works two ways. This rule is a I think Members will rue the day if dealt with the Speaker of the House. good rule. the line-item veto ever becomes part of We have done this before many times. Secondly, Mr. President, this is truly the Constitution or part of the law of It passed 83 to 14. I also point out to a political maneuver. I want, as much this land. Frankly, I do not think the the Senator from West Virginia that

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14019 there was a 30-minute time limit, also, There is a sufficient second. Helms amendment offered yesterday. on that resolution on August 1. So we The yeas and nays were ordered. Our amendment will save money, make operated under a 30-minute time limit The PRESIDING OFFICER. The government more efficient, and better at that time. question is on agreeing to the motion protect American interests overseas. Mr. President, again, this is similar to table the amendment No. 2725 of- The Foreign Affairs Reinvention Act of to the Dorgan resolution of August 1. It fered by the Senator from Iowa [Mr. 1995 streamlines and consolidates U.S. passed 83 to 14. HARKIN]. Foreign Affairs agencies. Our amend- All we are saying in this resolution The yeas and nays have been ordered. ment builds on the hard work by Sen- The clerk will call the roll. is, wait a minute, it is time for the ator HELMS and his staff in their conferees to meet. The bill clerk called the roll. The PRESIDING OFFICER (Mr. months of effort to reduce bureauc- Now, I have been informed that there racy, and reinvent the international KYL). Are there any other Senators in is maybe tentatively possibly a meet- the Chamber desiring to vote? agencies for the U.S. Government. ing on September 27, not that it has The result was announced—yeas 76, In July, the Senate considered S. 908, been published or anything like that. I nays 24, as follows: the Foreign Relations Revitalization hope that takes place. [Rollcall Vote No. 455 Leg.] Act of 1995. At administration prod- I hope we pass this overwhelmingly YEAS—76 ding, Democrats filibustered the bill. so that the conferees will get these in- The Senate fell five votes short of in- structions to meet and to report the Abraham Glenn Moynihan Akaka Gorton Murkowski voking cloture on two successive votes bill expeditiously back to the Senate Ashcroft Gramm Murray on August 1. Because of the lack of and the House so that the Senate and Bennett Grams Nickles Democratic willingness to allow con- House can work its will and send this Bond Grassley Nunn sideration of reorganization legisla- Boxer Gregg Packwood on to the President. Brown Hatch tion, I was forced to return S. 908 to Again as I said, Mr. President, I may Pell Bryan Hatfield Pressler the Senate Calendar. Bumpers Heflin also have misgivings about line-item Pryor During debate on S. 908, Democrats Burns Helms vetoes, but I think the time has come Reid Byrd Hutchison conceded the need for reorganization. because of the great deficits we are op- Campbell Inhofe Rockefeller Senator LIEBERMAN, for example, said: erating under that we need to give this Chafee Inouye Roth Santorum Senator Helms and his committee, I say, President the line-item veto. Coats Jeffords have acted on sound impulse, which is that Cochran Johnston Sarbanes I could not agree more with the Sen- Cohen Kassebaum Shelby we do need to do a searching reappraisal of ator from North Dakota when he said Conrad Kempthorne Simpson the way we conduct our foreign policy in the it just looks as though the majority Coverdell Kyl Smith post-cold-war era. The committee has pro- party is trying to hold this up so that Craig Levin Snowe duced a coherent new architecture for our D’Amato Lott Specter Foreign Affairs agencies. the President cannot line-item veto DeWine Lugar Stevens some of the pork, some of the prof- Dodd Mack Thomas Democrats supported reorganization, ligate spending, some of the wasteful Dole McCain Thompson but they expressed concern over Con- spending, that is in these appropria- Domenici McConnell Thurmond gress mandating the details of reorga- Faircloth Mikulski Warner tions bills. The time to give the Presi- Frist Moseley-Braun nization. Give the President flexibility they said. Senator KERRY of Massachu- dent that power is now. NAYS—24 This resolution is very similar in setts, for example, said: Baucus Feingold Kerry tone and in verbiage to the resolution Biden Feinstein Kohl All we are suggesting is give the President that passed here on August 1 by 83–14. Bingaman Ford Lautenberg a mandate from the Congress to make the We should not back down. We should Bradley Graham Leahy cuts, but allow the President to determine continue the effort. We should demand Breaux Harkin Lieberman exactly how they are going to be made. Daschle Hollings Robb that the conferees meet. We should get Dorgan Kennedy Simon Mr. President, that is exactly what this bill before us and give the Presi- Exon Kerrey Wellstone the Dole-Helms amendment does. dent the line-item veto that he needs So the motion to lay on the table the The amendment requires the Presi- to cut some of the wasteful spending amendment (No. 2725) was agreed to. dent to submit a plan in 6 months with out of this bill. Mr. MCCONNELL. Mr. President, I the following guidelines: Mr. FEINGOLD. How much time is move to reconsider the vote by which Achieve cost savings of $3 billion remaining? the motion was agreed to. over 4 years; Abolish at least two of The PRESIDING OFFICER. Thirty Several Senators addressed the three major Foreign Affairs agencies; seconds. Chair. and Specify how the consolidation of Mr. HARKIN. I yield 30 seconds to The PRESIDING OFFICER. The ma- all personnel and functions will occur. the Senator from Wisconsin. jority leader. The plan is enacted automatically Mr. FEINGOLD. I thank the Senator Mr. DOLE. Mr. President, first let me within 60 calendar days unless Con- from Iowa. I have a lot of misgivings make a general statement. gress passes a resolution of dis- about any notion of a constitutional As Members on both sides know, we approval. If the President does not sub- amendment for a line-item veto and are trying to work together so we can mit a plan which meets these guide- would oppose it. finish all the appropriations bills by lines, the three agencies are abolished. However, what passed the Senate was next Saturday on the 30th. I do not Finally, transition funds are author- a 5-year sunsetted line-item veto. I think there will be a Saturday session ized to allow an orderly transfer. think, obviously, we are going to have this week because, frankly, some of the So the Helms amendment—it is pri- an experiment with a line-item veto. Members who would have to manage marily Senator HELMS’ amendment; I That is going to be the result of this the bills are not here. We have not had am very honored to be a cosponsor— Congress. much success in working out that Sat- streamlines bloated bureaucracies and The purpose of this amendment is urday session. So I would hope that we eliminates duplication. It increases the not to say that the line-item veto is can keep the Medicare amendments control of the Secretary of State over automatically a good idea. But it says and line-item veto amendments, and the conduct of American foreign pol- since we are going to have this experi- others, off the bill. But if they have to icy. That is why five former Secre- ment anyway, since that is going to be be offered, do not come around next taries of State from Henry Kissinger to an outcome of the 104th Congress, get week to me and say, ‘‘Why can’t we go Jim Baker endorsed Senator HELMS’ on with it, and let this President have home?’’ So I will just leave it up to original effort. The Dole-Helms amend- that opportunity. whatever. We probably will not go ment also meets the stated concerns of Mr. MCCONNELL. Mr. President, I home in any event because maybe it Senate Democrats about Presidential move to table the amendment, and I does not make any difference. flexibility in reorganizing Foreign af- ask for the yeas and nays. AMENDMENT NO. 2707 fairs agencies. The PRESIDING OFFICER. Is there a Mr. DOLE. Mr. President, I want to The scaremongers in the administra- sufficient second? make a few comments about the Dole- tion claim reorganization is a ploy by

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14020 CONGRESSIONAL RECORD — SENATE September 21, 1995 isolationists—some kind of veiled ef- know what has happened and they funding from the House levels by $125 fort to help America withdraw from ought to know who turned it down. million for the NIS assistance and $11 the world. Nothing could be further I do not know why the Clinton ad- million for Eastern Europe and the from the truth. Our plan is a way to ministration would want to keep grid- Baltic States. Now, of course, it is up better support American engagement lock going on foreign affairs. I do not to the administration to use this in the world. Five Secretaries of State know why they are now afraid of the money on good programs that help the are not isolationists and would not en- reorganization proposed by Secretary people of the NIS, Eastern Europe, and dorse a plan that diminished America’s Christopher earlier this year. I hope the Baltics, and not use this money for ability to protect its global interests. they quit saying ‘‘no, no, no’’ and begin American consultants. After sitting on the budget sidelines all to engage honestly in the legislative The committee also managed to year—we have had all this talk about process. If they have a counteroffer, let squeeze out an extra $37 million to line-item vetoes since March; we have us hear it. combat drug trafficking. had this all year long—the administra- So it would seem to me, if the Presi- Mr. President, I note the committee’s tion now says funding cuts will imperil dent had this information, he would be action on international financial insti- American diplomacy. Yet the best way saying, ‘‘Take the Kerry proposal.’’ Let tutions. Every $1 of U.S. assistance to to avoid deep cuts in programs is to us set it aside, take it off this bill, and these institutions results in $20 of save money by reducing duplication have 4 hours of debate. I hope the donor support for developing countries. and by streamlining bureaucracy. I do President would weigh in; if not, the So I was very pleased to see the com- not want to complicate action on Sen- Vice President, or, if not, somebody in mittee find almost $200 million over ator MCCONNELL’s legislation. Much of the administration. I think we have the House level. this plan is consistent with legislation made a lot of agreements around here, These are just a few examples of the proposed by Senator MCCONNELL ear- and I certainly think this is a very rea- way Senator MCCONNELL and Senator lier this year. sonable effort—one agency, free- LEAHY and their committee staffs and We have tried to reach agreement standing bill, 4 hours of debate. It has their committee were able to do more with other Senators, and I believe the to go to the House. The President can with less. In light of the overall reduc- Senate should know what offer has veto it. The nominees are confirmed tion in foreign assistance resources, been made and rejected. Senator KERRY immediately. The other nominations the committee decided to provide the yesterday suggested he would support pending in the Senate go back through administration with a great deal of an agreement along the following lines: the orderly business and come back to flexibility and reduced the number of Pull the amendment from this bill; the floor. earmarks. As a strong supporter of the bring up freestanding legislation which So I would hope there could be some international children’s vaccine pro- requires the President to submit a plan disposition because I know the Senator gram, basic education programs and abolishing only one agency—only one from North Carolina shares the view of primary health care programs for chil- agency; vote after 4 hours of debate; re- the Senator from Kentucky. We want dren in developing countries, I would lease all 15 State Department nominees to get this bill finished. We want to fin- urge the administration to use this currently on the Executive Calendar; ish the bill this evening. Then we want flexibility the committee provided to resume the normal business of the For- to take up the District of Columbia ap- adequately fund these programs. eign Relations Committee on nomina- propriations, maybe follow that with Again, Mr. President, I would like to tions and treaties. State-Justice—if not, VA/HUD. And offer my congratulations on a job well Mr. President, that is a very fair there is one other one floating around done to Chairman MCCONNELL and his deal. No one guarantees the outcome of out there somewhere, but it is a major ranking member, Senator LEAHY. the vote or the outcome of the con- one. The PRESIDING OFFICER. The Sen- ference or the eventual fate of any con- So I would just hope that we could ator from Massachusetts. ference report. Nominees would be con- resolve this issue. I know the manager Mr. KERRY. Mr. President, the dis- firmed immediately, like today, or wants to move very quickly. There are tinguished majority leader said he whenever we had the vote, and more other relevant amendments. But I would be back in a moment. I know would be reported to the Senate. Unfor- must say—and this is a relevant Senator HELMS was here a minute ago. tunately, after Chairman HELMS indi- amendment—if we are going to con- I would like to make sure the RECORD cated his willingness to accept the tinue to have a lot of amendments that accurately reflects where we have trav- terms proposed by Senator KERRY, the have nothing to do with this bill, then eled with respect to possible agree- White House said no. One State Depart- I do not know what the managers have ments or nonagreements. I thought ment official said, ‘‘There’s nothing in in mind. But hopefully we can com- that Senator DOLE made a very fair that deal for us.’’ plete action by early this evening. summary of most of the journey that I must say we also made inquiries, I The PRESIDING OFFICER. The Sen- the discussions have traveled. But I made inquiries to the White House, ator from New Jersey. think there is one incorrect judgment saying this seems to be a reasonable Mr. BRADLEY. Mr. President, I made, and that is whether or not I had proposal to me to have all these Am- wanted to just take a moment to offer at any time signed off on what was a bassadors confirmed, talking about my congratulations to Senator MCCON- negotiation in progress, and in fact as eliminating one agency. I thought it NELL and Senator LEAHY and the Ap- part of the negotiation we had pro- was a rather reasonable effort. We propriations Committee for presenting posed that the START treaty be per- would do it freestanding. It would have the Senate with a useful and construc- mitted to come to the floor of the Sen- to go through the House. The President tive foreign operations bill. Unlike ate, and that was not mentioned as a could veto it if he wished. There are all most or many of the foreign and de- component, or one of the ingredients kinds of options the President has. fense-related bills that have come to that we were waiting to hear back on. So it would seem to me that the par- the Senate floor in this budget cycle, And so we never had reached any kind tisanship out of the White House and this bill tries to be forward looking and of final agreement. State Department does not serve our positions America to continue to play It is true that I did say that reducing country well and only jeopardizes im- an important role in the world. it to the one Agency abolition would portant issues from Ambassadors to The committee, under the leadership suit me because that was in keeping China, Indonesia, Panama, and other of Chairman MCCONNELL and the rank- with an amendment that I had pro- critical countries to ratification of the ing member, Senator LEAHY, was able posed in the committee itself. But with START II treaty. to work within a tight budget con- respect to our ability to move forward I do not know if President Clinton straint and still find extra funding for here and now, there were other ele- knows what his advisers turned down the truly essential programs for Amer- ments under discussion at that time, because he has not been in town much ica in this post-cold-war world. and I think appropriately. For in- the last few weeks, but I do know that Particularly, I would like to point to stance, the unanimous consent request 15 nominees and their families know the former Soviet Union and Eastern of the Senator from North Carolina what has happened. They ought to Europe where the committee increased suggested 4 hours on the bill itself as a

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14021 freestanding bill, but it allowed no money in them. Now, the Senator is ing in the Foreign Relations Com- amendments. And we had a number of looking for $3 billion. And my amend- mittee to go forward. I am stunned Members on our side who were obvi- ment, which he keeps suggesting that that we cannot reach an agreement ously, as I think anybody would be he is embracing, had a $2 billion sav- here because it seems to me the agree- here, concerned about this thing being ings. And there is a very strong reason ment that has been suggested serves presented fait accompli without the for that. I mean, in the last decade the everyone’s interest. ability to be able to amend it. appropriations for function 150 have de- Mr. KERRY. Well, I know that the So that was also under discussion at clined by $15.6 billion constant. They Senator from Kentucky is not easily the time, and we never had any cloture have gone from $36.8 to $21.2 billion in stunned. So I understand that this with respect to this. In fact, I have 1995. And under the budget resolution, must be one of those major legislative never had any sort of final conversa- the discretionary function, 150 plum- brouhahas. But I am not sure that it tion with either Senator HELMS or his mets from $17.1 billion in budget au- really is. I do not think it is that stu- staff. Now, it is also true, however, thority down to $15.1 billion in 1999 and pefying. At this moment in the legisla- that the administration did signal back $14.7 billion by the year 2002. So we tive process, a consolidation in a for- directly to Senator DOLE as well as to have gone from $36.8 billion down to mat that the administration does not Senator HELMS that some form of $14.7 billion by the year 2002. accept at a level of reduction that the whatever was under discussion was not There is nobody examining the var- administration does not accept is not acceptable, and that I am aware of, and ious functions that are effected who going anywhere. that message was indeed conveyed. cannot suggest that this is not going to Mr. McCONNELL. Right. Mr. DODD. Will my colleague yield have just, you know, a gargantuan im- Mr. KERRY. But if, merely because for a point? pact in the capacity of this country to the chairman holds up all the nomina- Mr. KERRY. I am happy to yield. affect its foreign policy around the tions, and then attaches himself to a Mr. DODD. Mr. President, I appre- bill that his colleagues on his side of world. ciate the points my friend and col- Now, I am prepared—certainly speak- the aisle want very badly, all of a sud- league from Massachusetts is making. ing just for myself, this Senator—if we den we on this side of the aisle are sup- I just wanted to ask my colleague posed to give up our legislative prerog- could—in fact, yesterday in the last from Massachusetts as well if he would ative and reward the holding of hostage discussion that we had we suggested not agree with me, having listened to of all of these ambassadors with the that there was some problems with the the majority leader, with all due re- creation of a legislative agenda that is numbers. And we wanted to try to spect, talk about the families of these totally contrary to the administra- come closer to the House structure on nominees who are now being held up tion’s interests, I do not find it very numbers. because we do not agree to this formu- puzzling why people would oppose that. lation he has presented, that it was in Now, I believe that if we were to em- Mr. McCONNELL. Would the Senator fact the very holds that were put on brace the House structure on numbers, yield? those nominations—this is almost Oc- we could conceivably proceed forward. Mr. KERRY. Yes. tober—back in July. If we are going to But there did not even seem to be a re- Mr. McCONNELL. You would not be express sympathy for these families of sponse to that. So we had no sense of giving up a thing. Presumably, as a the nominees, let us not try to blame whether or not that might be possible. freestanding measure, the President the Clinton administration or Demo- Mr. McCONNELL. Will the Senator would veto it and it would not become crats here who have a legitimate sub- from Massachusetts yield? law. You would not have lost a thing. stantive disagreement over an impor- Mr. KERRY. I will be happy to yield. All you would have allowed is the un- tant substantive point where all these Mr. McCONNELL. Does the Senator derlying bill to become law. nominations are being held up because from Massachusetts support the under- Mr. KERRY. That is not, in fact, ac- we do not agree with it. The very holds lying bill? curate, because I think, as the Senator were placed by the majority on those Mr. KERRY. Apart from this? well knows, there is a world of dif- nominees, and if the families want to Mr. McCONNELL. Yes. Would you ference whether or not colleagues are be upset, they ought to be asking the like to see it become law? asked to vote on a motion to table and people who put the holds on those Mr. KERRY. I think the rest of the whether or not they have to vote to nominations, not blaming Democrats bill is, generally speaking, acceptable. sustain a veto of the President, No. 1. or the administration for their unwill- Mr. McCONNELL. One of the con- That is just No. 1. ingness to agree to something that sub- cerns I have is the Vice President indi- No. 2, it seems to me that there is stantively has some profound implica- cated to me yesterday in conversation also a world of difference as to whether tions. Does my colleague not agree? that the President is going to veto this or not we should give up our legislative Mr. KERRY. I do agree. I think the bill if the HELMS amendment on reor- prerogatives, which at this point are Senator is absolutely correct, that the ganization is in this bill. shared by many that is sort of a one- business of the committee has obvi- Now, I personally support, in con- sided, rather heavy-handed effort to ously been wrapped up almost entirely cept, what the Senator from North drive home simply one point of view. in the effort to try to ram this Carolina is trying to do. I mean, usually—let me give you an through. What I am mystified by is why it is example. Last year we jointly worked And one of the things that concerned not possible, on the assumption that on this. We sat down and worked on a great many of us—I think the distin- my friend from Massachusetts and every aspect of the authorization bill guished chairman knows this because I other Democrats support this bill, why together. It came to the floor. And I expressed it to him personally and in it is not possible to reach an agreement think we passed one of the first author- private conversations—was the sense that would take this issue off of this izations in a record amount of time. that there was not really a bipartisan bill and have it dealt with free stand- This year, under a new regime, none effort to try to mold the bill. It was a ing. It seems to me it serves of those sorts of preliminary discus- bill created, and that at a subsequent everybody’s interest, the Senator from sions ever took place. We wound up point we only entered into last-minute North Carolina, the Senator from Mas- with every single Democratic member negotiations before the markup. And I sachusetts. Certainly it serves my in- of the committee voting against this said that to the Senator at the time. terest, because I would like to see this bill even coming to the floor. So here Now, I would like to say to the chair- bill become law. we are with a not even marginally bi- man, I would like to see if we could I am mystified as to why we are not partisan effort now being presented to find some measure of agreement here. I able to work out an agreement, par- us in a way that requires us to give it am prepared to move forward on the ticularly since the Senator from North freestanding life that it does not have one-agency abolition that I talked Carolina generally offered to allow— on its own. about previously. I am not backing how many nominees? Now, if the Senator from North Caro- down on that. Mr. HELMS. All of them. lina, which I am very happy to do—I But the other components of my Mr. McCONNELL. All of them, what- am prepared to vote for some consoli- amendment had a different sum of ever nominees may be currently pend- dation requirements. I am prepared to

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14022 CONGRESSIONAL RECORD — SENATE September 21, 1995 vote for a one-agency abolition re- ated with me, on the issue of numbers. Mr. HELMS. Mr. President, the ex- quirement. But the Senator seems House versus Senate, it was an issue changes on this floor sometimes may completely unwilling even to embrace raised by the Senator from Massachu- sound a little more heated than they the notion that we would move closer setts very late in the day after I had really are. My reaction to some of the to the structure of the House on num- acceded to your first suggestion. Yes, things that have been said is more bers or we could agree to have the but very late in the conversation and amusement than anything else. START treaty come to the floor. day. The Senator kept stipulating addi- It is a fact that Senator PELL did not Mr. HELMS. Mr. President, I object tional things, but the Senator did not want to manage the State Department to the thrust of the Senator’s com- discuss the issue of numbers with the reorganization bill offered by the Sen- ments. Senator from North Carolina. ator from North Carolina and approved Mr. KERRY. Mr. President—— Mr. KERRY. Let me say to my by every Republican Senator. The PRESIDING OFFICER. The Sen- friend, because I think these kinds of It is also true that three Senators on ator from Massachusetts has the floor. dealings are very important and I do the Democrat side came to me and told Mr. KERRY. I have always been will- not want the Senator from North Caro- me what a great bill this was. In addi- ing to yield, by an appropriate request, lina to feel somehow this was a moving tion to that, I do not think the Senator to a colleague. target. The Senator from Massachu- from New Jersey [Mr. BRADLEY], will I would be happy to yield. setts recalls having—— object to my mentioning the conversa- Mr. HELMS. No. I thank the Senator Mr. HELMS. That is precisely what tion we had at a dinner sponsored by for his generosity, but I want the floor it is, a moving target. the Senate wives. He came over to the in my own right before I begin to dis- Mr. KERRY. Beg your pardon? table where Dorothy Helms and I were cuss what the real facts are. Mr. HELMS. The Senator has been a seated with others, and said, ‘‘That’s a When the Senator is ready to yield moving target from the very beginning. great bill. I want to help you with it the floor, I want the floor. Mr. KERRY. Let me say to my friend any way I can.’’ Mr. KERRY. Well, let me ask the from North Carolina, there was a con- I did not realize, until Senator PELL, Senator from North Carolina, if I may. versation over here with Senator my good friend, one of the kindest, I would ask the Senator, is it not a fair LEAHY, and we subsequently engaged in most gentle men I have ever known, representation on my part that the a conversation. I do not think I had advised me that Senator KERRY was his committee amendment that I pro- any late-in-the-day conversations at designee to oppose my bill, and I think posed—that the Senator from Massa- all yesterday. The entire discussion Senator PELL will verify what I have chusetts proposed, embraced the notion was in the morning and in the early just said. Mr. PELL. Will the Senator yield for of the $2 billion reduction as well as a afternoon. I came over immediately and said to your able assistant that one correction? one-agency abolition? Mr. HELMS. Certainly. Mr. HELMS. That is correct. That there were concerns by other Senators Mr. PELL. I yielded to the Senator part of it is correct, yes. being expressed, and those concerns en- from Massachusetts not to oppose but Mr. KERRY. So it is correct then tailed whether or not we could get the to manage the bill. There is a dif- that the Senator is appropriately rep- full agenda of the committee liberated, ference. resenting that there has always been a and I specifically mentioned not just Mr. HELMS. All right, I accept that. difference in the amount of money that the START treaty but also the CWC I understood it the other way. But if we have been willing to embrace as ap- treaty. the Senator remembers it that way, propriate for a mandated reduction. We were told the CWC treaty was out that is fine. I have no quarrel with Sen- Mr. HELMS. But the amount in ques- of the question, but the START treaty ator PELL. He is a thoroughbred gen- tion depends on which of the conversa- we would see. I never personally had a tleman. Always has been, always will tions the Senator is referring to. response with respect to the START be. Mr. KERRY. Well, let me ask the treaty, and I do know that the admin- The moment that we began discus- Senator—— istration in between that had some sion of the State Department reorga- Mr. HELMS. With all due respect, conversations and made it clear to the nization bill, which by the way, Mr. Senator, you have been all over the Senator that the numbers were simply President, let me reiterate, five former map with what you have been saying. unacceptable. Secretaries of State came before the Mr. KERRY. I am happy to have it It seems to me that the key here is committee or wrote to the committee, right out in the open. I want it to be to try to see whether or not we could or both, and say, in effect, this is the very clear to everybody, then there get an agreement on the numbers. I greatest thing since sliced bread, it cannot be any question about any con- think we have an agreement on the needs to be done. As soon as the mark- versation. rest of the framework. I am prepared to up, as we call it, began, there was one Is it not also fair to say that I men- vote for a consolidation requirement— protest, one suggestion after another. I tioned yesterday that we were more in- always have been; I was in the com- do not know how many times the dis- terested in the House numbers than in mittee. But the issue is whether we are tinguished Senator from Massachusetts the ones that the Senator from North going to do it under a stricture of num- and I went to the back room. We re- Carolina was proposing? bers that are so draconian that we are cessed the committee; he would make a Mr. HELMS. Well, I understand that leaving no discretion and no capacity proposition, and I would agree to it. you said that to my able assistant for the Department itself to operate Then someone would insist on an- here. You did not say it to me. properly. other concession, and another and Mr. KERRY. I did not say to the Sen- And facing that, it is not inappro- there would always be something else, ator when we were standing by the priate for us to be concerned about cre- another suggested concession. And that cloak room door that I was interested ating a freestanding entity that then is the way it has been on this floor in some numbers, and that the Senator could go over to the House—for in- each time legislation comes up regard- then left the conversation and left us stance, it could go to the House, and it ing State Department reorganization. to discuss it as he went into the cloak- could then be attached to the author- The truth of the matter is, Mr. Presi- room? ization bill in the House. The author- dent, the State Department does not Mr. HELMS. Mr. President, perhaps ization bill could be what comes back, like this bill—well, half of the State the Senator will yield some time for and we are faced with sort of this same Department. You would be surprised, me to discuss the very point he is mak- round robin, unless there is some meet- Mr. President, at how many State De- ing? ing of the minds partment people tell us privately that Mr. KERRY. Well, I will in one mo- Mr. President, I will be happy to see they want this bill. The opposition ment. I do not want to keep the floor. if we can engage in some discussion on from the bureaucrats has been vocif- Mr. HELMS. I need only 30 seconds. that. In the meantime, I am prepared erous because they do not want to lose Mr. KERRY. I would be happy to. to yield the floor. their well-paying positions. Mr. HELMS. Now, we checked on The PRESIDING OFFICER. The Sen- Here you have, for example, the that very point, with everybody associ- ator from North Carolina. Agency for International Development,

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14023 the foreign aid giveaway program, if we felt there was sufficient discretion START Treaty could come to the floor you please, which has lobbied every- within the capacity of the administra- and have a vote. body in sight. They had a session down tion to do the consolidating that would Mr. HELMS. Mr. President, I cannot at the National Press Club where they be required. It seems to me that given allow my friend to take off on a rhetor- engaged in personal ridicule. Brian At- the fact that we know we are going to ical gambit. I did not mention the wood for example said, ‘‘Well, HELMS wind up in a conference anyway, and START Treaty. drew up his reorganization plan on the the House has a position, it was a rea- The PRESIDING OFFICER. The Sen- back of an envelop.’’ sonable proposal to try to make in the ator from North Carolina has the floor. Immediately the media came to me: spirit of cooperation. His staff in- Mr. HELMS. The Senator from Mas- ‘‘Did you hear what Brian Atwood formed me, Mr. President, at that time sachusetts knows as well as anybody said?’’ that there was a contingency fund con- that neither of us can set the date for ‘‘Well, yes, I did,’’ I acknowledged. tained within the Helms legislation of a START Treaty in this bill or in this ‘‘What is your response?’’ about $125 million, and that that fund amendment. The leadership will set I said, ‘‘Abraham Lincoln did pretty ought to be able to be sufficient to that date, not Senator KERRY, not well on the back of an envelope. I hope take care of some of the concerns of JESSE HELMS, not in this legislation I do one-tenth as well.’’ the administration because it had and not in the amendment. Mr. KERRY. Will the Senator yield That is the way it has been. flexibility. The Vice President is in charge of re- for a question? So I then went back to examine that, Mr. HELMS. If I know the answer, I inventing Government and has done so but found, in fact, that there are other with much fanfare. He pledged that will, yes. problems presented because the money Mr. KERRY. I know the Senator ‘‘we are going to do this, and we are is not there. So you have a serious knows the answer to this because he going to do that.’’ I myself talked with problem if the money is, in fact, not taught most of us how to do it. That is, the Vice President on the telephone there, No. 1. And we never actually got through a unanimous-consent request, and said, ‘‘Mr. Vice President, let’s back to a further conversation. when there is this kind of a legislative work together on this thing.’’ All we Mr. HELMS. Mr. President, I cannot impasse, you can accomplish anything got was a little bit of doubletalk and to yield for the Senator to make a speech. on the Senate floor; is that not true? this day—to this day—not one scintilla Mr. KERRY. I am trying to explain. Mr. HELMS. Well, yes, but agree- has come from the reinventing office. I Mr. HELMS. Please, Senator. There ments involving the scheduling of trea- will tell you what they reinvented up is no money in this amendment, none. ties has happened on either side. The there, or down there. They have re- So on what does the Senator base his Senator knows what he is doing when, invented a horse and buggy, and that is conversation about that? at the last minute, as another feature about all. Mr. KERRY. To answer the question, of his compromise, he wants to stipu- Senator KERRY came on the floor the Senator is absolutely correct. late when the START Treaty will back in July—July 31. There was a con- There is no money in his amendment. start. certed effort from the Democrats: Mr. HELMS. That is not what the Mr. KERRY addressed the Chair. ‘‘Don’t vote for cloture,’’ they intoned, Senator has been saying. Mr. HELMS. I have the floor, do I including the three Senators—four Mr. KERRY. The money is in the ap- not? Senators actually—who told me what a propriations bill, but it is not in the The PRESIDING OFFICER. The Sen- great bill it was. But not one Demo- appropriations bill in the amount that ator has the floor. crat, except the distinguished ranking the money is in the Senator’s amend- Mr. HELMS. Let me tell you the po- member of the committee, voted for ment. So for us to accept his staff’s sition the Democrats are in and the ad- cloture. And I do not want to speak for word that because it is authorized, ministration is in. They moan and Senator PELL, I believe I am correct in somehow the problem goes away, is in- groan about the Ambassadors being my understanding that he has never correct. The problem remains because held up. They remind me of the fellow voted for cloture. There was a phalanx the appropriators have not given us the who shot his mother and father and of opposition. They were not going to money. then asked the court for mercy because allow it to be voted on because they do Mr. HELMS. Mr. President, maybe he was an orphan. They have delib- not want to trim down the bureauc- we are getting somewhere. I think be- erately blocked consideration of the racy, they do not want to cut foreign fore this exchange with the distin- original State Department reorganiza- aid, and I would not yield to demands guished Senator from Massachusetts tion bill, beginning on the first day of that we bring down our bill to the began, he said something to the effect, debate. point that it was absolutely meaning- ‘‘perhaps we can get together.’’ Is that Who was the Senator whom they less. what the Senator said? brought in for 2 hours 12 minutes? The Now, we have moved from abolishing Mr. KERRY. I am always prepared to distinguished senior Senator from Mas- three agencies to abolishing two agen- try to see if we can work things out. sachusetts, who wanted to talk about cies to abolishing one. I believe Sen- Mr. HELMS. All right. Let us see how the minimum wage. For the past 2 ator KERRY has already acknowledged far the Senator is willing to go. May I years, during his chairmanship of the that this is the case. My recollection is ask the Senator if he is suggesting a relevant Senate committee, the senior that he accepted the $3 billion savings reduction in the $3 billion savings as Senator from Massachusetts did not provision when I offered my propo- required in the amendment? even mention minimum wage. sition—one agency abolition. Mr. KERRY. Mr. President, I have So, obviously, a filibuster began at Mr. KERRY. Will the Senator yield suggested an alternative figure. the beginning. The instructions had for one point? Mr. HELMS. I did not understand the been handed down. And, yes, I am per- Mr. HELMS. Yes, briefly. response. fectly willing to clear the deck and Mr. KERRY. The Senator said he ac- Mr. KERRY. That is affirmative. We clear all of the Ambassadors and all cepted the $3 billion. The $3 billion was have suggested an alternative figure the rest of it to the extent I am able to. originally in his bill. We proposed $2 and structure. But I cannot speak for the majority billion. So nothing was accepted. Mr. HELMS. Well, there is only one leader, BOB DOLE, and I will not, or for Mr. HELMS. Mr. President, when we figure. There is only one figure in the the minority leader, to work out to agreed to move it to one agency—I will amendment. Do you want to go to $2.7 their satisfaction. ask the Senator what he recalls he said million in savings as a compromise? Let me state a few things that I will yesterday about the amount of money? Mr. KERRY. Mr. President, first of be willing to do. If the Senator from Mr. KERRY. Mr. President, I say to all, I would love to put in a quorum Massachusetts wants to present, rep- my friend that what I said—his able call and have a moment to talk to my resenting the majority of his side, a re- aide, Steve, was there at the time. We friend and see if we can work through duction in the $3 billion savings re- were interested in trying to see if we it. Again, let me outline what we have quired in the amendment, we will talk could use the structure of the House suggested as a fair approach. We would about it. I want to know how much re- numbers, because under that structure like to know a date certain that the duction they want in the savings. But I

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14024 CONGRESSIONAL RECORD — SENATE September 21, 1995 will tell you one thing, Mr. President; Now, I have been provided with some $3 billion was determined by the Budg- the American people want at least $3 figures. The moving of the quarters of et Committee, but it is less than what billion saved in the foreign aid give- the Agency for International Develop- the administration proposed for con- away. That is the meat of the coconut. ment for fiscal year 1994 and 1995 at a solidating and cutting within the State That is what the Democrats oppose. cost to the taxpayers of $14 million. Department and its related agencies. That is what Brian Atwood is opposing. That is just the move. In fiscal year I think the bottom line here is that Somewhere in these discussions, I am 1996 it will cost another $17 million. the administration, the President on going to bring up the arrangement by For fiscal year 1997, another $9 million. down—and what we are hearing today the Agency for International Develop- This little temporary agency that and is reflected in the comments made ment to move into a sort of Taj Mahal, started way back yonder is going to by the Senator from Massachusetts—is at $55 per square foot. It is going to take 3 years to move, one bureaucratic that they do not want any consolida- cost—in the bill there is about $40 mil- mess to the Taj Mahal at $55 a square tion proposal. lion just for moving expenses for the foot. I should remind you we started out Agency for International Develop- Anyway, let me say again for the consolidating three agencies, and the ment—the foreign aid giveaway pro- RECORD, I will not debate further with Senator from Massachusetts and I had gram which, by the way, began as one the Senator from Massachusetts, if he a number of conversations. In fact, we of those Federal temporary programs. decides to sit down and negotiate in had hearings at the subcommittee level Mr. President, there is nothing so close good faith, and specify what he is will- and at the full committee level. This is to eternal life as a temporary Federal ing to do and stick by it, he has a deal. an issue that has been discussed bureaucracy. This is a demonstration I will either accept it or reject it in throughout this year. of it. That is the reason they are fight- equally good faith. The President does not want a con- ing so hard. I have never seen such lob- I yield the floor. solidation proposal. We started out bying. Wendy Sherman, a nice lady, Ms. SNOWE. I thank you, Mr. Presi- with three agencies to be merged into has absolutely reached the ultimate in dent. the State Department. Chairman HELMS recommended yesterday that we ferocity in campaigning against this I certainly want to join in this dis- will take two agencies. legislation from the very beginning. cussion because I think it is critical as In fact, the Senator from Massachu- She is good at what she does. I ac- chair of the Subcommittee on Inter- setts, before the committee, had rec- knowledge that. I have told her so. national Operations in this Senate, and ommended one agency for consoli- The fight is about whether the U.S. I have been the ranking member of the dating and merging to State Depart- Senate and the U.S. Congress is going same subcommittee in the House of ment. In fact, Chairman HELMS said he to do what the people demanded in last Representatives for the last 10 years. would accept that. Now we are down year’s election, and that is to cut Fed- It is surprising to hear the tenor of from three to two to one, and we are eral spending. One of the top things on this debate here today about the con- still not able to reach an agreement. solidation proposal. the minds of 80 percent of the Amer- Yes, it should not be on this bill. We First of all, I think it should be un- ican people is cutting foreign aid. hoped we could complete the State De- derstood that the administration never That is the problem with this bill. partment authorization bill. That submitted a State Department author- That is the reason we keep getting this should have been done long before the ization, which is a first, at least to my stone stew sort of a thing. recess. In fact, it was here on the floor, I see the distinguished Chaplain of knowledge and with the experience I but it was clear we were not making the U.S. Senate sitting there, our good have had on that subcommittee for the any progress, that a stalemate had oc- friend, Dr. Ogilvie. I related to him the last 10 years, there has never been a curred because of this consolidation story about the farmer who had a vis- case where the President has not sub- proposal. itor one day who claimed he could mitted his own proposals with respect So really that is what it is all about, make a delicious stew out of a stone, to the State Department authoriza- that the President does not want to water, and nothing more. tion. consolidate these agencies. The Presi- His friend said, ‘‘I want to see you do This consolidation issue is not some- dent will not even submit a plan to tell it.’’ So he got a stone, put it in a pot thing that just developed in recent us how we reach this goal of $3 billion of water. He said to his friend, ‘‘This days or weeks. In fact, it was first ini- or tell us where he stands on anything would be a better stew if you had a few tiated by the current Secretary of other than opposing consolidation. He carrots in it.’’ So his friend got a few State, Warren Christopher, back in does not even put forward his own pro- carrots. ‘‘And it would be better if it January, only to be rejected by the posals. had a few beans, beef,’’ and added var- President. So we have to move forward because ious other ingredients. In the end, his Interestingly enough, the Secretary the American people deserve to have a stone stew was tasty. of State’s proposal for consolidating more innovative approach to the prob- That is the way our dear friend from the State Department and the other lems we are facing. They certainly de- Massachusetts negotiates. He comes agencies that we are referring to today, serve to have consolidation and savings and says, ‘‘We will do this but it needs by Chairman HELMS, pretty much ap- within the State Department. We want more of that. How about more of some- proximates what this consolidation to do it on a reasonable basis. I think thing else?’’ I agree but it doesn’t come proposal is all about. going from three agencies to consoli- to an end. This happened in committee, In response to Secretary Chris- date to two, to one is a very fair com- as well as here on the floor yesterday. topher’s proposal and in rejecting it by promise. It is more than compromising. Then he said, ‘‘Well, you have to do the administration, on January 26, Yet we do not seem to be making any this, too.’’ I have tried to be accommo- Vice President GORE issued a press re- progress. dating. From three agencies to two lease announcing the second phase of Over this last year we were told time agencies to one agency. See? Then Sen- the national performance review. ‘‘It is and again, ‘‘We want to work with you ator KERRY comes back and he ends up anticipated that the overall review of to produce an agreement.’’ We started requesting the great big piece of roast international affairs programs and out last winter, we had our hearings, beef, that is something that he knows agencies will result in savings of at we had more hearings because they I cannot do. That is to guarantee when least $5 billion over 5 years and a sub- said they needed to examine this issue the START treaty is going to be con- stantially enhanced capacity to deliver further. And I say that is fair because sidered by the Senate. That is his coup more effective programs overseas and this is serious business. We do not take de’tat, the way to kill any hope of any provide value to the American tax- this consolidation lightly. We do not negotiation. payers.’’ say we have all the right answers with Now, I will accept the Senator’s I remind my colleagues that the ad- respect to this proposal. Clearly we statement as his word. His word is his ministration and, indeed, the Vice could not be that far off the mark since bond. If he wants to sit down in good President, proposed $5 billion over 5 Secretary of State Warren Christopher faith and specify what he is willing to years. This consolidation proposal is proposed essentially the same proposal do, I am willing to work with him. referring to $3 billion over 4 years. The for consolidating.

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14025 Then it came to the committee tions bill, but the foreign operations gram should further our national inter- markup, and the Senator from Massa- appropriations bill—and say let us re- ests. I do not know anybody who agrees chusetts did propose an alternative at write the Department of State and our more with that than I do. But I do not the last minute but we said again whole foreign policy apparatus, that agree with the definition of the prob- ‘‘Let’s work before we go to the floor.’’ makes very, very little sense to me. lem. We went to the floor and nothing It would be like saying we are going The problem is not that the Agency happened. It went on and on, and it was to take the District of Columbia appro- for International Development is some- clear we had to move on to other sub- priations bill and while we are doing it, how ignoring America’s national inter- jects pending before the Senate. So let us redo the Department of Housing ests. The problem is, since 1961—going here we are now on the appropriations and Urban Development. Because, after back to a time before I was old enough bill. all, the District of Columbia is an to vote—when the Foreign Assistance What we would like to know is, how urban area and the Department of Act was enacted, much of our foreign do we move beyond this so we can re- Housing and Urban Development han- aid was allocated to winning allies in solve this question, complete the State dles urban matters. It is about that re- the fight against communism. Billions Department authorization, and also do lated. To do it here, simply because the went to rightwing dictatorships with what we need to do with respect to sav- Senate rejected attempts to do it in an- little or no commitment to democracy ings? We have to achieve $3 billion in other guise, does not make much sense or improving the living conditions of savings, and that is the issue here. I to me. their people or even allowing business cannot believe that the President I have long advocated better coordi- competition—either our business com- would oppose consolidation within the nation among the executive branch petition or their own business competi- State Department. There are five agencies and foreign policymaking. I tion. former Secretaries of State and two have done that in both Democrat and So a lot of that aid failed by stand- former National Security Advisers who Republican administrations because ards that we, all of us, would apply have endorsed this proposal. That rep- both Democrat and Republican admin- today. But it is unfair and I believe it resents many years of experience with istrations have had problems in such is even disingenuous to judge AID’s ef- respect to foreign relations. coordination. But I think the proposal fectiveness today against the failures I cannot believe we would just sys- we see here would result in U.S. na- of the past, because in the past our tematically reject out of hand the idea tional interests being less well, not goals were fundamentally different. of consolidation. At a time when we better, served. The Secretary of State has full au- are driving to balance the budget over Why is the Foreign Agriculture Serv- thority under statute to give policy di- the next 7 years, we are saying we are ice administered by the Department of rection to AID. The State Department, not going to do it with respect to the Agriculture, not by the State Depart- we all know, influences AID’s activities State Department and related agen- ment? Because farmers know they can every day. If AID’s projects deviate cies. A proposal was put forward—come count on USDA to represent their in- from State Department policy, it is not your way, down to one agency—and we terests better than the Department of because AID is out of control. It is be- have still yet to make any progress. State. And all experiences have proven cause the people at the State Depart- I think that is regrettable. I cer- that. ment are not paying enough attention tainly have not experienced this in all Why, 15 years ago, did we take the to what they are doing. the years in which I have addressed commercial function away from the I think the amendment ignores the this issue. Believe me, we had many State Department and create a foreign considerable efforts of administration contentious issues with previous ad- commercial service in the Department to improve AID’s performance. There ministrations on the State Depart- of Commerce? It was because State had have been years of neglect—we all have ment, but we were able to resolve for years neglected export promotion. to admit that—under the previous ad- them. At the very least, we had a They would sacrifice export interests ministrations. But, with Brian Atwood President who was willing to submit a to foreign policy priorities. They treat- at the head of the AID, with the efforts proposal. This President has not. ed their own commercial officers as of an awful lot of people and with the I yield the floor. second-class employees, and it was be- support of an awful lot of Members of The PRESIDING OFFICER. Who cause the American business commu- Congress, Republican and Democrat seeks recognition? The Senator from nity demanded we do something better. alike, there have been significant im- Vermont. The reason we have separate Foreign provements. Mr. LEAHY. Mr. President, I am con- Service bureaucracies is that many of Over the past 2 years, we have seen cerned that we have a proposal to re- our foreign policy interests are actu- dramatic progress at the Agency for form U.S. foreign affairs agencies on ally domestic policy interests and they International Development and the this bill. It is a major proposal. It re- are best pursued abroad by technical Treasury and State Departments in re- structures the way we administer our experts from domestic policy agencies, defining our foreign aid priorities. foreign aid programs. It merges most not by foreign policy generalists from They focus resources where they can foreign affairs functions into the De- the State Department. You go to the achieve the most advance in U.S. inter- partment of State. domestic policy agencies that know a ests abroad. They have done that, in The reason I am concerned is it is in particular area and send them. spite of the constraints of an obsolete this bill. This is an appropriations bill. I do not know about North Carolina Foreign Assistance Act—as I said, a We have had a lot of hearings on appro- farmers or Maine farmers but Vermont Foreign Assistance Act that passed priations. We had a lot of hearings on farmers are not all anxious to see the later in that year when I finally be- where we spend money on everything State Department expand its influence came old enough to vote. It has been a from the security interests of the over U.S. foreign agricultural policy. If long time. That could require some United States abroad to how we help in you shift power from domestic agencies changes. humanitarian programs. We have not to the State Department, that is not We are not going to do it in the ap- had hearing one on how we might re- going to strengthen representation of propriations bill. As I said before, it write, in the appropriations bill, a for- United States interests and United would be like trying to reorganize HUD mal change in our whole foreign policy States policy, but it will strengthen on the District of Columbia appropria- apparatus. representation of French interests and tions bill. We have enough trouble try- If we are going to have that debate, Argentine interests and Russian inter- ing to take care of the problems of the we have an excellent Foreign Relations ests and interests of other parts of the District of Columbia. Committee. They can bring an author- world. Here we have major issues. Chairman ization bill to the floor. They have I have been advocating reform of our MCCONNELL and I and others on both once. Bring one down, get it passed. foreign aid program ever since the fall sides of the aisle have worked very That is where it should be. But to sud- of the Berlin wall so I am happy to see closely to try to improve things and denly take the appropriations bill—not a discussion of this issue. Sponsors of try to work within the constraints of even the State Department appropria- the amendment say our foreign aid pro- the amount of money we have for those

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14026 CONGRESSIONAL RECORD — SENATE September 21, 1995 programs specifically under this bill. I might put it a little more bluntly. job of the Foreign Relations Com- To ask us somehow to take on some- The State Department speciality is mittee. They had an opportunity ear- thing our committee has not handled, making policy. It has never—and prob- lier this year to do that. I suspect that that we have had no hearings on, and ably never will—manage these kinds of they will work at it again, and will to write it in, pages and pages and programs well. Secretary Eagleburger bring it to the floor. And we will have pages and pages of authorizing legisla- offered the hope that with Cabinet se- a real debate, and we will agree with tive language on this appropriations lection of Under Secretaries it might some, disagree with others, and finally bill, I cannot accept that. do better. But I am reluctant to trade the Senate will work its will on such I cannot accept the fact that it ig- a bureaucracy that is doing reasonably legislation; but not on an appropria- nores what has happened. I mentioned well and getting better every day at de- tions bill. AID Administrator Brian Atwood be- livering foreign aid with one that has AID can continue downsizing and im- fore. He has made extensive changes at no competence or outside chance that prove its efficiency. Let us not abolish AID. He initiated an agencywide it might get better. If we disperse the an agency that is aggressively adapting streamlining effort that resulted in responsibility of foreign aid among As- itself to the changed world we live in plans to close 27 missions. Incidentally, sistant Secretaries of State, we are to a shrinking foreign aid budget. that is a reduction of 1,200 staff. He is going to hear more stories about mis- Mr. President, I strongly hope that installing state-of-the-art data proc- guided failed projects—not fewer—and this legislation will not be considered essing systems that links headquarters more questions about why we have for- on this bill. The distinguished leader- in Washington with project officers in eign aid—not fewer. ship can bring it up as an authorizing the field in real time which ensures AID performs a wide array of tasks piece of legislation if it wants. We can that the information available at the that enjoy overwhelming support argue and debate other things. Let us one end of the pipeline is also available among the American people. Every get our appropriations bill through. If at the other. That is going to increase year they managed programs worth $1 we stick to the items that are within efficiency and improve decision- billion aimed at protecting the Earth’s the jurisdiction of the Appropriations making. It is going to be a quantum environment. Does protecting the Committee, if we vote on matters that leap forward from what it was just a Earth’s forests and oceans and atmos- are within the jurisdictions of the Ap- few years ago. phere matter to us as Americans? Why, propriations Committee, if we vote on Administrator Atwood has decentral- it should. Does it further our foreign matters that are actually part of this ized decisionmaking. People closest to policy interest? Of course, it does. A bill, why, we could be done before the the problems have now the full oppor- century from now we are not going to Dracula hour of legislation. tunity to design solutions. AID is im- have any foreign policy unless we join My colleagues know the Dracula proving its performance because, for with other countries today in pro- hour is what I refer to as the time the first time since the mid-1980’s, it tecting our environment because we when too often we end up voting. Those has hands-on leadership that is really will be spending all of the time just are the hours after darkness when peo- committed to making our foreign aid trying to stay alive in an environment ple who work for family-friendly orga- program have effective leadership that not suited for the habitat of humans. nizations tend to see their families. actually cares that it works in the best Every year AID manages hundreds of And those who want to be home tend to interests of the United States. millions of dollars to international be there. Where we with a sense of ca- Can they make that performance bet- health programs. Is this money wast- maraderie and perhaps people who do ter? Sure. It is like every one of us who ed? Is tuberculosis infectious? Is AIDS not have families tend to stay here to- may feel we run our offices very, very infectious? Of course, they are. Tuber- gether eagerly looking forward to vote well. Every one of us can honestly say culosis just does not sit in one country. after vote into the wee hours of the there have to be ways we can make it AIDS just does not sit in one country. night. better. Anything can be made better. They go worldwide. I tell you right Frankly, Mr. President, if we could But the question here has to be not can now. There are 250 million Americans just talk about appropriations matters AID make it better, especially with the on this, we could all go home for sup- tremendous steps forward which they who will tell you unequivocally that we can do things to try to wipe out per tonight. Think what a novel idea. have made, the question has to be: But Think of opening the door and having can you take it away from AID, turn it these diseases worldwide so they do not come across our borders they would be children say, ‘‘You look so familiar. over to the State Department and have Didn’t I see your picture in the paper them do it better? I doubt it. If you for it. Every year AID commits a large part once?’’ To have, if you have one, a pet abolish AID, if you ask the regional As- of its budget to promoting free mar- responding perhaps with some dim sistant Secretaries of the State Depart- kets and democratic development in memory of who you are, and not bite ment to manage its functions, I think you as you come in the door; to have that would be a serious mistake. These countries where the United States has important interests. That is not diplo- your neighbors look out and say, ‘‘I Assistant Secretaries are very good. know him’’ or her. But they are chosen for their expertise macy. It is hands-on assistance that re- quires people with special expertise on Perhaps they might even ask for an in broad foreign policy. They do not autograph, or at least not call the po- have the experience—many of them—in the ground who can get the job done, working with foreign governments and lice thinking you are a stranger. managing money and programs as AID Think how wonderful it would be and private organizations on the nuts and does. Lord knows. Many of them are up we would probably have a good piece of bolts of solving real problems. That is to their necks in alligators trying to legislation. deal with the daily emergencies and what AID does. I see the distinguished Republican When we get those free markets complexities of our political relation- leader on the floor. I see others seeking going, when we get that democracy ships with the countries in their re- the floor. gions. going, do you know who profits by it? I yield the floor. Even former Secretary of State Law- Many, many times companies in my Mr. DOLE addressed the Chair. rence Eagleburger, a man whose man- State, and the other 49 States, because The PRESIDING OFFICER (Mr. agement skills I have always admired, they export. We all know that we are DEWINE). The majority leader. and whose political policy savvy I also getting far more exports, and a far Mr. DOLE. Mr. President, I think the have admired—and a Republican—ex- greater increase in our exports, I Senator from Rhode Island is also seek- pressed doubt about this proposal in should say, in the developing world ing recognition. his testimony before the Foreign Rela- than we do in the developed world. The I am going to offer an amendment tions Committee on March 23. I quote greatest percentage of new export jobs and make a brief statement, and then I Secretary Eagleburger. He said: are created in exporting to the devel- think there will be statements made in The State Department is not well suited, oping world. AID helps in that. support or maybe even in opposition. either by historical experience or current bu- We have a strong need to rewrite the I ask unanimous consent that all reaucratic culture, to assume many of these Foreign Assistance Act. We define the pending amendments be set aside. new responsibilities. framework for foreign aid. That is the The PRESIDING OFFICER. Without objection, it is so ordered.

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14027 AMENDMENT NO. 2726 Currently, there is one country that Mr. MCCONNELL addressed the Mr. DOLE. Mr. President, I send an is clearly affected by this legislation. Chair. amendment to the desk and ask for its Turkey, a valuable ally in NATO and in The PRESIDING OFFICER. The Sen- consideration. Operation Desert Storm, continues to ator from Kentucky. I ask that the amendment be read. It receive a large amount of assistance in Mr. MCCONNELL. Let me just say is very brief. I think that will sort of the form of grants and concessional very briefly I wish to commend the ma- explain the purpose of the amendment loans financed by the American tax- jority leader for this amendment. Like as well as I can. payers. At the same time, however, many of my colleagues, I share the de- The PRESIDING OFFICER. The they continue to enforce an immoral sire to see that countries are not al- clerk will report. blockade on Armenia. lowed to block delivery of U.S. human- The assistant legislative clerk read Mr. President, today marks the itarian assistance. Senator DOLE has as follows: fourth anniversary of Armenia’s inde- led a bipartisan coalition of Senators The Senator from Kansas (Mr. DOLE), for pendence from the Soviet Union. We as in promoting this ideal through the co- himself, Mr. SIMON, Mr. HELMS, Mr. HAT- Americans welcome their independence sponsorship of this amendment. I ap- FIELD, Mr. D’AMATO, Mrs. FEINSTEIN, and Ms. and through our humanitarian efforts plaud his efforts and am glad to be a MOSELEY-BRAUN, proposes an amendment strive to help this fledgling democracy cosponsor of this amendment. numbered 2726. grow and prosper. Their road has not This particular measure enjoys wide- The amendment is as follows: been an easy one, but the United spread support in both the House and At the appropriate place in the Bill, add States has been willing to provide the the Senate. Earlier this year, the the following: assistance they need. The delivery of House International Relations Com- LIMITATION ON ASSISTANCE TO COUNTRIES THAT humanitarian assistance to aid those mittee approved the bill by a vote of 27 RESTRICT THE TRANSPORT OR DELIVERY OF in need is consistent with the funda- to 7. The Senate Foreign Relations UNITED STATES HUMANITARIAN ASSISTANCE mental values of our Nation. This leg- Committee followed suit and voted in SEC. . (a) IN GENERAL.—None of the funds islation will also strengthen our ability favor of the bill by a vote of 14 to 4. made available in this Act may be used for to deliver such assistance, which, as I And most recently the House voted to assistance in support of any country when it stated before, is an important compo- include the provision in its foreign op- is made known to the President that the nent of our foreign policy. erations appropriations bill which government of such country prohibits or oth- Just let me conclude by saying it erwise restricts, directly or indirectly, the passed the House overwhelmingly. does not make sense to offer U.S. tax- Countries which choose to blockade transport or delivery of United States hu- payer dollars unconditionally to coun- manitarian assistance. the delivery of U.S. humanitarian as- (b) EXCEPTION.—Subsection (a) shall not tries that hinder our humanitarian re- sistance exponentially increase the apply to assistance in support of any country lief efforts. And in light of budgetary cost of that assistance. Currently, we when it is made known to the President that constraints, it is imperative that U.S. find ourselves facing a situation where the assistance is in the national security in- relief efforts be timely and efficient. we are forced to stretch every dollar in terest of the United States. The Federal budget deficit and spend- the foreign assistance account. Allow- Mr. DOLE. Mr. President, I ask unan- ing constraints require maximum effi- ing a nation to needlessly increase the imous consent that in addition to Sen- ciency in the usage of U.S. foreign as- cost of our assistance, thereby further ator SIMON, Senator HELMS, Senator sistance. And no doubt about it, coun- limiting the amount of aid we are able HATFIELD, Senator D’AMATO, Senator tries that prevent the delivery of such to provide, is just simply unacceptable. FEINSTEIN, and Senator CAROL assistance or intentionally increase the We have a responsibility to the Amer- MOSELEY-BRAUN be added as cospon- cost of the delivery of such assistance ican taxpayer to ensure that their sors. do not deserve unrestricted American hard-earned money is sufficiently uti- The PRESIDING OFFICER. Without assistance. lized. I urge my colleagues to support this objection, it is so ordered. If the United States is going to re- amendment, not for partisan politics, Mr. DOLE. Mr. President, I rise main actively engaged in world affairs, but for the belief in the fundamental today to thank my colleagues for their as I believe it should, it must be al- values this Nation is built on. support of the Humanitarian Aid Cor- lowed to provide assistance which is ridor Act. The amendment that has Let me repeat. If some country out there is receiving American aid and needed. This amendment makes good been offered, I think, is clear and pre- budget sense and is an important moral cise, not very long. We just had it read. they are preventing delivery of assist- ance paid for by the American tax- statement. It has strong bipartisan support, and it payers or if they circumvent delivery Clearly, we cannot afford to leave furthers an important American for- or make it almost impossible or im- this issue unaddressed. I think Senator eign policy objective, which is to facili- pede delivery, or increase the cost of DOLE’s proposal offers a reasonable and tate the prompt delivery of humani- delivery, then I do not believe they intelligent solution to this problem. I tarian aid. should receive American assistance. deeply appreciate his efforts and lead- The amendment, which overwhelm- And that is all this amendment is ership on the issue. ingly passed the House, prohibits U.S. about. It does not exempt any specific In addition, I would like to thank foreign assistance to countries that im- country. It does not apply to a par- him for including an emergency waiver pede or prohibit the delivery or trans- ticular country. Right now, it applies provision in the proposal. While we port of U.S. humanitarian assistance to to Turkey, but in the future it will want to ensure countries do not block other countries. This legislation also apply to any other country that would our efforts to deliver assistance, it is recognizes there may be a compelling follow the same practice. important that we provide the Presi- U.S. national security interest which I hope, if the amendment cannot be dent the ability to waive this provision would override the principle of non- accepted, it can be voted on rather in the event of humanitarian or secu- interference with humanitarian aid. quickly. rity emergencies. For this reason, U.S. foreign aid to I also ask unanimous consent to add Mr. President, I yield the floor. nations in violation of this act may be my colleague, Senator MURRAY, as a The PRESIDING OFFICER. The Sen- continued if the President of the cosponsor, and my colleagues, Senator ator from Illinois. United States determines that such as- KERRY from Massachusetts, Senator Mr. SIMON. Mr. President, I thank sistance is in the national security in- PRESSLER from South Dakota, and the the Chair. terest of the United States. manager of the bill, the Senator from I am pleased to be a cosponsor of this Let me say, Mr. President, this bill Kentucky, Mr. MCCONNELL as cospon- legislation. does not single out or exempt any one sors. As Senator DOLE pointed out, this country. All nations are held to one The PRESIDING OFFICER. Without does not apply specifically in the lan- standard. The intent is simple, to en- objection, it is so ordered. guage to any one country. Now, it does sure that American humanitarian aid Mr. DOLE. I see my primary cospon- apply immediately to our relationship can be delivered where it is needed and sor, Senator SIMON, is in the Chamber, with Turkey because Armenia faces a when it is needed. and I yield the floor. very, very grim situation. And I have

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14028 CONGRESSIONAL RECORD — SENATE September 21, 1995 to say I was a little appalled when, I I believe that both Turkey and Arme- security in that part of the world. How- guess about 2 years ago, I flew to Ar- nia recognize their need to lessen ten- ever, we simply cannot continue to as- menia with colleagues in the Senate sions and to cooperate with the United sist Turkey, or any other nation, which and we could not fly over Turkey, after States to resolve regional problems, in- impedes the delivery of humanitarian all the aid we have given Turkey. We cluding the Armenian-Azerbaijan con- aid to others. Again, this is a matter of had to go around to get to Armenia. flict over Nagorno-Karabakh. As a good principle, and it is my hope that my But when you get there, you see the will gesture toward Armenia in April colleagues from both sides of the aisle countryside in many areas with trees 1995, turkey opened an air corridor con- will support it. taken down, what once were beautiful necting Erzurum to Yerevan, pre- Mr. PELL addressed the Chair. trees on great avenues, because they viously closed for 2 years. I hope that The PRESIDING OFFICER. The Sen- are desperate for fuel. It is a tough sit- Armenia will reciprocate and that the ator from Rhode Island. uation. process toward improved relations—al- REORGANIZATION AND THE FOREIGN RELATIONS Ironically, Turkey would benefit eco- ready well under way—will continue. COMMITTEE’S BUSINESS nomically by entering into normal dip- Mrs. FEINSTEIN. Mr. President, I Mr. PELL. Mr. President, earlier lomatic and trade relations with Arme- rise today in support of the proposed today some statements were made on nia. Azerbaijan wants to have an oil amendment to prohibit U.S. assistance the floor of the Senate concerning the line going from Azerbaijan, through to countries that prohibit or restrict proposed reorganization plan for the Armenia, through Turkey to supply the transport or delivery of U.S. hu- State Department. The suggestion was the world with oil. Turkey benefits. Ar- manitarian aid. This is a basic matter made that Democratic Members—spe- menia benefits. Azerbaijan benefits. of principle: No country should have cifically those on the Foreign Rela- This is not an anti-Turkish resolution, the right to interfere with the delivery tions Committee, are responsible for but it does say in simple words, if you of humanitarian assistance anywhere. holding up the processing of Ambassa- get American aid, you cannot stop hu- When the United States provides food, dorial nominations and other business manitarian assistance to another coun- medicine, and clothing to suffering ci- by delaying the passage of the reorga- try. vilian populations, in response to war nization plan. I think that suggestion warrants a That has been what Turkey has been or natural disaster, there is simply no response. Why? The reorganization doing. I regret that. Turkey has been a justification for a country to block this plan at issue is not a bipartisan plan. I valuable ally. I am old enough, perhaps assistance, especially when that coun- only wish it was. Its existence was unlike the Presiding Officer; I can re- try receives assistance from the United made known only yesterday, and it was member the Korean war very well when States itself. crafted without the knowledge or input Turkey was one of the few countries The United States goes to great of even one Democratic Member. Al- that really provided assistance. In lengths to ensure that nations in dire ready, it is clear that there are serious many ways I feel grateful to Turkey, need for humanitarian aid receive it in differences and much disagreement but I believe the message beyond this the most expedient and efficient way. about the plan. is that Turkey ought to be getting Supplying humanitarian aid to people I have other thoughts about this plan along better with her neighbors. That in need is consistent with the basic val- which should be expressed later. means Greece, that means Armenia. ues of our Nation, and we should not But I just wanted to respond to the But the principle that is in this legis- ignore attempts to hinder its delivery. suggestion that somehow it is the lation is sound: You do not get Amer- This amendment would apply to all Democratic side of the committee that ican foreign aid if you block humani- countries which receive U.S. assist- is delaying the consideration of nomi- tarian assistance to a nation that ance. However, as we all know, the nations, legislation, treaties, and other needs it. I am pleased to be a cospon- major problem in this area today lies important matters. sor. And I hope the Senate will over- with Turkey’s blocking of United The truth is that there is not, nor whelmingly accept the amendment. States humanitarian aid to Armenia, a has there ever been, a Democratic hold Mr. COCHRAN. Mr. President, I hope contemptible practice which has gone on the Foreign Relations Committee’s this amendment will not damage the on for over 2 years. business. It is entirely the prerogative longstanding alliance between the While Turkey has made some and within the power of our Republican United States and Turkey. progress on this issue, agreeing to open colleagues to resume the committee’s Located in one of the most volatile an air corridor to Armenia, this does business. The halt in activity is an at- regions of the world, bordered by not begin to address the problem of hu- tempt to force an amendment that is Greece, Bulgaria, Iraq, Iran, Syria, and manitarian assistance which must be supported and written and endorsed several former Soviet Republics, Tur- transported over land. The bulk of the only by Republicans. We should not key acts as a stabilizing force in the re- assistance we send to Armenia requires succumb to it simply because the pro- gion. She has stood with the United such land conveyance. ponents state erroneously that Demo- States in all its conflicts since the Sec- It is my hope that the administration cratic Members are responsible for the ond World War, from the Korean war to will work with Turkey to ensure that delay. the gulf war. She was the bulwark of all routes available for bringing hu- Mr. President, during the years that NATO’s southern flank during the cold manitarian aid to Armenia are opened. I chaired the Foreign Relations Com- war, defending 37 percent of the NATO- Opening an air corridor is only the first mittee, I always tried to move every Warsaw Pact land frontier, as well as step toward resolving this serious prob- nomination and conduct business in her Black Sea coast and the straits lem. Perhaps by working with Turkey both a timely and collegial fashion. controlling Soviet access to the Medi- on this issue, we can help to avoid ever Never—never—during those years—and terranean. having to invoke the aid cutoff called indeed during those years of service on Turkey is connected geographically, for in this amendment. the committee—since 1964—can I recall ethnically, or politically to the prob- It is important to note that this a time when the committee was lems of Iraq, Iran, Armenia, Azer- amendment includes a national secu- stopped dead in its tracks to force the baijan, Bosnia, Cyprus, Greece, Bul- rity waiver, thereby recognizing the consideration of a controversial meas- garia, Russia, Tajikistan, Syria, and Is- fact that there may be compelling na- ure. I do not think that is a proper way lamic fundamentalism. As one jour- tional security interests which require to conduct business and a tactic I have nalist has written, ‘‘Turkish foreign U.S. assistance to countries even when always—always resisted using over a policy today is a 360-degree night- the recipient is blocking humanitarian great many years. mare.’’ Now more than ever, the United aid to others. This waiver also appro- I would hate to see it being used now, States should work with Turkey as she priately preserves the President’s pre- and the Senate becoming a battlefield, continues to be the strong bridge be- rogative to conduct U.S. foreign policy. saying some of the Members will not do tween the Moslem world and the West, Turkey is an important United what they should do anyway, what her Western orientation serving as a States ally, and I realize that assist- they were hired to do, plus the treaty, model for many of the republics of the ance to Turkey is an integral part of plus the nomination, and in the mean- former Soviet Union. our foreign policy to ensure regional time say, ‘‘We will not do what we are

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14029 supposed to do until you do what we If the United States and the Amer- ask unanimous consent that all pend- want you to do.’’ And I think it is a bad ican people, through everything from ing amendments be laid aside tempo- precedent. Red Cross, Catholic Charities, Decatur, rarily. I would hope that the Senate turns it and the Federal Government, respond, The PRESIDING OFFICER. Is there down. we respond not to say, well, we will re- objection? I yield the floor. spond to this child because they are po- Mr. PELL. There is objection. Mr. LEAHY addressed the Chair. litically correct, but not this child be- The PRESIDING OFFICER. Objec- The PRESIDING OFFICER. The Sen- cause they have a different ideology or tion is noted. ator from Vermont. something, we respond because they Mr. HELMS. In that case, I will dis- AMENDMENT NO. 2726 are human beings suffering. We re- cuss the amendment. I can certainly do Mr. LEAHY. Mr. President, I under- sponded in countries that technically that. stand that we may have one or two were countries that were adversaries of The PRESIDING OFFICER. That is others who might want to speak—that ours. We responded to people. We will in order. we may not have any others that want always continue to do so. But I think Mr. HELMS. Mr. President, let me to speak on the pending amendment. when we do it, and I think when our al- read the text of the amendment that I Am I correct, Mr. President, in un- lies do, we should not be blocked from shall offer presently. It is entitled, derstanding that the pending amend- giving that humanitarian aid because ‘‘Prohibition on use of funds for relo- ment is the Dole amendment on hu- we give it not to advance a political cating Agency for International Devel- manitarian corridors? agenda of the people aided or of our opment to Federal Triangle Building.’’ The PRESIDING OFFICER. The Sen- own. We do it to help people suffering. Section 577. Notwithstanding any other ator is correct. So this amendment is not intended to provision of law, none of the funds appro- Mr. LEAHY. Mr. President, I agree embarrass or cause problems with Tur- priated or otherwise made available by this with the distinguished Republican key or any other country. It is a mat- act may be used to relocate the Agency for International Development, or any part of leader on this amendment. In fact, I ter of principle. It says that the peo- would ask to be named as a cosponsor that agency, to the Federal Triangle Build- ple’s needs should not be denied aid for ing in Washington, District of Columbia. of the amendment. political reasons. We have given aid. I The PRESIDING OFFICER. Without When I send this amendment to the remember a time even during the cold objection, it is so ordered. desk and it is stated, the Senate will Mr. LEAHY. Mr. President, one of war when those allied with the Soviet have before it a rather interesting set the greatest things the United States Union who were in need, and the of circumstances. While the Senate can do as a country with worldwide United States, like our allies, re- Foreign Relations Committee was busy reach is to help in humanitarian mat- sponded to that need when called upon approving legislation to abolish the ters. We are very, very fortunate as a to. It is like a ship hearing another Agency for International Development, country. Periodically, we have faced ship in distress. You do not ask what this very same entrenched bureaucracy devastating situations in our own flag they carry; you say they are under at AID was preparing to spend $40 mil- country. We did in Los Angeles, of distress, and we go to help them. lion to move its offices into some of So, I would say to any of our allies course, during the earthquakes. We did the most expensive real estate in the who may be concerned about such an in Florida during the hurricanes. We entire Washington area. have seen devastation of Americans in amendment, this is not intended to em- Apparently, AID officials must be- the Virgin Islands, in Puerto Rico in barrass you. It is intended to carry out lieve they are playing with Monopoly the past few days. But we are such a what has always been the policy of the money, and that the Agency for Inter- powerful nation and such a wealthy na- United States. People desperately need national Development has just landed tion that we can help each other out. help. If we can help, we do. We do this on Boardwalk. Whether it is the flood of a couple in Vermont. If a neighbor’s home or In any case, the building known as years ago in Montpelier, VT, my home- barn is on fire, or they are suddenly in- the Federal Triangle and dubbed by one town, we are America; and through our capacitated, we go to help. We do this of the Washington newspapers as ‘‘a Federal Government, we came together as world neighbors, too. blueprint for a boondoggle,’’ was origi- to help with the floods in the Midwest Mr. President, I would hope that the nally supposed to cost $362 million. But of a year ago. But there are other coun- amendment would be accepted. And its cost ended up being in the neighbor- tries that are so small and so poor that while we check to see if there are oth- hood of $700 million. Tom Sherman, when they are faced with an earth- ers coming, I was going to put in a call former Assistant Administrator at the quake or faced with tornadoes or faced for a quorum, although I see the distin- General Services Administration called with flooding, devastation, they have guished chairman on his feet. I yield to it ‘‘the project from hell.’’ nowhere to look to but the inter- him. Yet, despite congressional efforts to national community. And the United Mr. MCCONNELL addressed the abolish the Agency for International States, along with many of our allies, Chair. Development, that agency now intends The PRESIDING OFFICER. The Sen- have always responded. to burrow in at this plush, new Taj ator from Kentucky. I remember earthquakes in Armenia, Mahal on Pennsylvania Avenue, fur- Mr. MCCONNELL. I am unaware of flooding in Bangladesh, famine in Afri- anyone who wants to speak on this ther isolating itself from the Depart- ca, earthquakes in other parts of the side, nor am I aware of any calls for a ment of State. world—Mexico, for example—we have (Mrs. HUTCHISON assumed the rollcall vote. So if the distinguished responded. We have the ability to reach Chair.) ranking member can check his side, we out and fly supplies literally anywhere Mr. HELMS. Now, you will recall, will be ready to vote. in the world. We have the ability to Madam President, that early on I re- Mr. LEAHY. I wonder in the mean- send medical technicians and experts ferred to the fact that five former Sec- time if we might just suggest the ab- and rescue operations and others any- retaries of State have endorsed—and sence of a quorum. where in the world. It is something OLE Mr. MCCONNELL. I suggest the ab- now Senator D has joined in spon- that, just to stop and think, in our life- sence of a quorum. sorship—my plan was to reorganize the time, for most of us in our lifetime it The PRESIDING OFFICER. The State Department and to abolish three was impossible for any nation to even clerk will call the roll. independent Federal agencies. When I think of doing this in the way that we The bill clerk proceeded to call the say independent, I mean independent. do with the communications, the logis- roll. All three of these agencies were es- tics, just the resources. And a child Mr. HELMS. Mr. President, I ask tablished as temporary Federal agen- suffering loss of family because of an unanimous consent that the order for cies. As I said earlier today, there is earthquake, anywhere in the world, is the quorum call be rescinded. nothing so near eternal life as a tem- a child suffering; or an adult who has The PRESIDING OFFICER. Without porary Federal agency. The Agency for had their whole livelihood washed objection, it is so ordered. International Development is one of away in a flood, is an adult suffering, Mr. HELMS. Mr. President, the pur- the three agencies that would be abol- no matter where they are in the world. pose of my offering an amendment—I ished under my plan to reorganize the

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14030 CONGRESSIONAL RECORD — SENATE September 21, 1995 State Department. And AID itself says cy for International Development nei- Suppose I should call for regular its proposed move has already cost the ther needs, nor deserves, to be an occu- order? taxpayers $13.6 million in fiscal years pant of a Taj Mahal. This facility, by The PRESIDING OFFICER. If you 1994 and 1995, and will cost at least an the way, is the second largest in the call for regular order, the question additional $27 million in fiscal years District of Columbia, the Pentagon would be on the Senator’s first amend- 1996 and 1997. being the largest. ment, No. 2707, which is pending to the When a Federal agency contemplates Now then, Madam President, I send first amendment. such a move, it usually does so with my amendment—— Mr. HELMS. I am not going to do the goal of saving taxpayers’ money. Mr. LEAHY. Madam President, what that. But that is not the goal of the Agency is the parliamentary situation? Mr. LEAHY. Further parliamentary for International Development. AID, The PRESIDING OFFICER. The inquiry. obviously, intends to go in exactly the pending question is the Dole amend- Mr. HELMS. I have not yielded the opposite direction. Right now, AID ment. floor. pays $20 million for its leases in the DC Mr. LEAHY. Does that have to be set I am perfectly willing, for my part, area, but after the move, AID will aside, or is this an amendment to the to offer my amendment as a second de- spend more than $32 million a year in Dole amendment? gree to the otherwise pending Dole rent. So this move would, in fact, in- Mr. HELMS. It was set aside, I in- amendment, of which I am a cosponsor, crease the Agency for International form the Chair. by the way. Development’s annual rent by more Mr. LEAHY. The understanding of But I think I ought to do him the than a third. the Senator from Vermont is that it courtesy of asking if he has any objec- The pending amendment, which I was not set aside. tion to that. shall send to the desk momentarily, The PRESIDING OFFICER. I am told Therefore, I suggest the absence of a would save at least $16 million next by the Parliamentarian that the Sen- quorum. year alone by prohibiting AID from ator from Rhode Island objected to the The PRESIDING OFFICER. The spending any money to facilitate its Dole amendment being set aside. So clerk will call the roll. move out of the State Department. the pending business is still the DOLE The bill clerk proceeded to call the So let me explain why this move will amendment. roll. be so costly to the American tax- Mr. HELMS. I think what he objected Mr. BYRD. Madam President, I ask payers, 80 percent of whom do not like to—but I will not contest the issue— unanimous consent that the order for the foreign aid program anyhow. On was my sending the amendment to the the quorum call be rescinded. the chart next to me is the cost of desk. If that is the Chair’s ruling, fine. The PRESIDING OFFICER. Without USAID’s luxury offices. The average But, Madam President—— objection, it is so ordered. cost of office space, per square foot, is Mr. LEAHY. If the Senator will with- Mr. BYRD. I shall not detain the Sen- $37 in DC, $23 in Northern Virginia, and hold, let me explain the situation, the ate long. I apologize to Senators for $20 in suburban Maryland. Had the way I understand it is. the delay, but I have to say that there Agency for International Development Madam President, I do not want to are too many things happening today. chosen one of those sites. But, oh, no, stop the Senator from bringing this or I was tied up in an appropriations AID chose the luxury building. Look at any other amendment up, unless it is conference on the Transportation ap- the cost—$55 per square foot. You can something that requires a point of propriations bill when I understood see what that is. The chart clearly order. But we have one amendment that Mr. Dole had offered his amend- shows that the average cost to lease pending, and that was set aside to take ment and hoped to have a vote soon. space in either Virginia or Maryland is up an amendment by the distinguished Therefore, with that explanation, I less than $29 per square foot. Even in Republican leader. I would like to start shall proceed now to what I have to say central Washington the going rate for getting some of these things that are otherwise. leasing space is $37 per square foot. backed up here voted on one way or the Senator DOLE has offered an amend- But, at this moment, under the terms other. I would like to get the humani- ment which, although it does not spell negotiated by the Agency for Inter- tarian one done and then go to others. out by name the country Turkey, it is national Development and the General I say that only because I am afraid clearly aimed at Turkey. The amend- Services Administration, AID intends we will keep having amendments after ment, a repeat of S. 230, the Humani- to lease space in the Federal Triangle amendments out here in ether and tarian Aid Corridors Act, cuts U.S. as- building for a minimum—that is a min- about 9 o’clock or 10 o’clock tonight sistance to countries that ‘‘prohibit or imum—of $55 per square foot, which is when everybody will be coming to the restrict the transport or delivery of far more than any private business in distinguished Senator from Kentucky United States humanitarian assist- Washington would agree to pay. It does and myself saying, ‘‘When will we go ance’’ to other countries. It is clearly not take a rocket scientist to perceive home? on the outside chance we will aimed at Turkey’s refusal to allow aid that the people at the Agency for see our family again,’’ and then we to pass through Turkey to Armenia. International Development have been start voting. I would like to say I have been listen- snookered in this deal—whether they I know that is not the intent of the ing to statements that have been made knew it or not is yet to be determined. distinguished Senator from North and I would like to, as Paul Harvey More shocking, I suppose, is that the Carolina, but I wonder if maybe we says on the radio—or used to say, I do Agency for International Development could get rid of the one that is there not get a chance to listen to him any- intends to lease a substantial amount once the Senators who wish to speak more—tell ‘‘the rest of the story.’’ Why of what it calls structurally-changed on it do, and then go on to more. does Turkey restrict the passage of aid space for more than $97 per square foot, I know that an objection was made to Armenia? Or, I should say, why did and that is three times the fair market by the distinguished Senator from Turkey restrict the passage of aid to value of this space. Rhode Island, and I will at least for the Armenia, since Turkey opened the air So, Madam President, while some of moment—I am sure the Senator from corridor from Erzurum to Yerevan on us in Congress are working to abolish North Carolina understands we have to April 20, 1995, subject to the establish- the Agency for International Develop- protect that objection. ment of direct communication links ment, the Agency for International De- The PRESIDING OFFICER. I am told and an aviation protocol between the velopment, itself, has been busily fig- by the Parliamentarian that the Sen- two countries? uring out ways to spend even more ator from North Carolina could offer a Prior to 1993, Turkey allowed hun- Federal Government money—meaning second-degree amendment to the Dole dreds of tons of third party assistance the taxpayers’ money—with this new amendment without unanimous con- to pass through its territory and air- move to this high-rent district. sent. space to Armenia. But in 1993, Armenia So I say, Madam President, I hope Mr. HELMS. Let me ask a parliamen- escalated the conflict in Nagorno- the Senate will vote to give the tax- tary question of the Chair. I know the Karabakh, an autonomous region of payers a break for a change. The Agen- answer before I ask. ethnic Armenians located within the

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14031 Republic of Azerbaijan. Azerbaijan and military security allowed Turkey to the RECORD in its entirety at this Armenia are both neighbors of Turkey. stand bravely with the West, in the point, as well as a statement by Nick Currently, more than 20 percent of Az- face of some internal opposition, Burns, Office of the Spokesman, U.S. erbaijani territory is occupied by Ar- against Saddam Hussein, and all this Department of State, dated April 30, menia, and one of every seven despite a 331 kilometer border with 1995, and I yield the floor. Azerbaijanis is a refugee in his own Iraq. Turkey has paid the price for that There being no objection, the mate- country. At the time, the official U.S. cooperation. It closed the oil pipeline rial was ordered to be printed in the reaction was to condemn the Armenian from Iraq, losing millions in revenues. RECORD, as follows: offensive, which undermined the CSCE- It has supported the economic sanc- THE SECRETARY OF DEFENSE, sponsored—Conference on Security and tions against Iraq, previously its sec- WASHINGTON, DC, Cooperation in Europe—CSCE-spon- ond largest trading partner. It made May 24, 1995. sored peace process. Human rights quite a sacrifice in doing that. Over Hon. RICHARD GEPHARDT, groups have chronicled the human 2,700 air sorties to strike Iraq origi- Minority Leader, U.S. House of Representatives, rights abuses against Azerbaijan. In nated in Incirlik, Turkey. Since the war, over 23,000 sorties flown over Iraq Washington, DC. February 1995, the Human Rights DEAR REPRESENTATIVE GEPHARDT: I am Watch/Helsinki group published a 118- to protect the Kurds in northern Iraq deeply concerned by some of the rec- page report on the subject, entitled have been flown from bases in Turkey. ommendations of the Committee on Inter- ‘‘Azerbaijan: Seven Years of Conflict in The U.S. Operation Provide Comfort to national Relations regarding the American the Nagorno-Karabakh.’’ Madam Presi- support the Kurds in Iraq would not be Overseas Interests Act of 1995 (H.R. 1561), dent, if human rights were the real possible without the support of the particularly as they affect the President’s International Affairs (150) budget request. issue here, perhaps aid to Armenia Turkish government and its people. Both Secretary of Defense Perry and The 150 budget is critical to our ability to should also be reduced. protect our nation’s security interests. So, I say this just to say that this is Chairman of the Joint Chiefs of Staff, General Shalikashvili, have written Though these funds are provided in the 150 a matter that is so more complicated account, the Department of Defense has a di- than has been presented thus far. The letters in support of a continued strong rect stake in the outcome of this debate, be- government of Turkey is not to be said U.S.-Turkish relationship. A continued cause they directly support our national se- strong relationship with Turkey is in to be acting capriciously. It has re- curity program. our interest. It is in the interests of H.R. 1561, as reported by the Committee, sponded to the concerns of its own citi- Turkey. It is in the interests of Israel. would authorize 150 programs at signifi- zens, who are culturally closer to the It is in the interests of Greece. cantly reduced levels. Adequate Inter- Azeris than to the Armenians. Public Poorly disguised pro-Armenian, anti- national Affairs funding, however, is essen- opinion in Turkey, something that we Turkish amendments and bills serve tial to crisis prevention and gives us an al- respect a great deal in this country, only to undermine the support that the ternative to unilateral U.S. action in support of our interests. For example, foreign affairs would not support assistance going to United States needs to serve our inter- Armenia. Humanitarian aid to Arme- spending can mitigate internal and regional ests in sustaining Iraqi sanctions, hon- conflicts that, left to fester, could require nia, which would allow that nation to oring our promise to protect the Kurds U.S. military logistical involvement and pos- concentrate on a military offensive in in northern Iraq, promoting modera- sibly direct intervention, with escalating Azerbaijan while still addressing the tion in Middle East politics, and main- human and material costs. The costs of such needs of its own people, while Azeris taining the NATO alliance. contingencies are borne primarily in the were being turned into refugees, simply Madam President, this amendment DOD budget at the expense of military readi- could not be tolerated. Cutting off the does contain a waiver for national se- ness. Underfunding the International Affairs passage of aid was a political decision, curity reasons. I hope that, should this budget, in my view, runs the risk that the designed to help push for the end of the amendment be adopted, the President United States will be unable to protect its interests except with military force. conflict between Armenia and Azer- will exercise that waiver and maintain I am also disturbed by some provisions of baijan as quickly as possible. This is a strong and important U.S.-Turkish H.R. 1561 which would impose unnecessary not unreasonable, but it is understand- relationship. restrictions on the ability of the President able. I ask unanimous consent to have to conduct U.S. foreign policy. Its prohibi- I would also note, as an aside, that printed in the RECORD the letter from tion on assistance to countries which in any Armenia is slated to receive $85 million the Secretary of Defense, Mr. William way restrict the flow of U.S. humanitarian in U.S. assistance from this bill. How- Perry, dated May 24, 1995, in which let- aid would unduly damage our important se- ever, as there is some question as to ter Mr. Perry writes as follows: curity relationship with Turkey. Cutting off security assistance to this important West- I am also disturbed by some provisions of Armenia’s cooperation in allowing hu- ern-style democracy would only hurt our ef- H.R. 1561 which would impose unnecessary manitarian aid to reach Azerbaijan, it forts to contain the threats in the Middle restrictions on the ability of the President is not entirely clear that Armenia will East. Other restrictions in H.R. 1561 would to conduct U.S. foreign policy. Its prohibi- not also be caught in the net that is hinder our ability to implement and fund the tion on assistance to countries which in any being woven in this amendment for way restrict the flow of U.S. humanitarian Agreed Framework with North Korea, under- Turkey. aid would unduly damage our important se- cutting our achievements in preventing the Finally, I would like to again remind curity relations with Turkey. spread of nuclear weapons. Finally, H.R. 1561 would restrict our ability to contribute to my colleagues of the many sound rea- And, also, a letter written to rep- sons the United States has for main- international organizations which can help resentative SONNY CALLAHAN, member shoulder our security burden. taining a strong relationship with Tur- of the House Appropriations Com- I appreciate the support for military as- key. I have only yesterday noted the mittee, and signed by the chairman of sistance activities, particularly IMET, in- unique position of Turkey as a mod- the Joint Chiefs of Staff, John M. cluded in H.R. 1561. However, for the reasons erate, predominately Muslim nation, a Shalikashvili, in which he states—I stated above, I would recommend that the President veto the bill if it were presented to representative democracy in a region will include this in the RECORD: that is increasingly becoming him in its present form. Imposing more restrictions on this valued Sincerely, radicalized and extremist. Turkey was ally will only hinder our attempts to encour- WILLIAM J. PERRY. among the first nations to recognize age progress and bring about lasting change. The Turks are proud people, and respect for Israel, and it has been an example and Hon. SONNY CALLAHAN, a supporter of peace in the Middle the military is a time-honored tradition. By House Appropriations Committee, East. withdrawing support for them and taking on Washington, DC. the role of adversary, we lose access to key Turkey is also a member of NATO, DEAR MR. CALLAHAN: Thank you for the decision makers. Recent progress combined and during the Cold War was respon- opportunity to provide my views on the mili- with Turkey’s unquestioned strategic impor- tary importance of Turkey. Now that Tur- sible for defending 37 percent of the tance, should drive the United States to in- NATO/Warsaw Pact border, along the key occupies the new front line in the post- crease support to Turkey in order to achieve Cold War era, the strategic value to the strategically critical Southern Front. our objectives, not destroy bilateral rela- United States of having a staunch and stead- Turkey continues to maintain a large tions. fast ally situated in a critical strategic loca- military, like the United States, but Madam President, I ask unanimous tion in the flanks and Middle East cannot be unlike most other NATO allies. This consent that the letter be printed in overstated.

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14032 CONGRESSIONAL RECORD — SENATE September 21, 1995 Turkey has had a tradition of supporting logue regarding human rights and found him majority of people are Armenian by Western interests over the past 50 years. to be willing to assist in moving forward heritage. Again, I say this as someone From 1950 to 1953, Turkey provided a 4,500- with new measures aimed at enhancing who has not visited the area, but there man infantry brigade to join the United Turkish democracy and human rights. The is a division of opinion within States in the U.N. effort in Korea. Turkish Turkish military leadership is backing forces fought with enormous valor and dis- progress on human rights and is ready to Karabakh. Some of them want that as tinction. Turkey was also the bulwark of make a concerted effort to see democratiza- an independent country. Some of them NATO’s southern flank during nearly the en- tion legislation pass. Imposing more restric- want Karabakh to be part of Armenia. tire Cold War, defending 37% of the NATO- tions on this valued ally will only hinder our But the Government of Armenia, Warsaw Pact land frontier, as well as Tur- attempts to encourage progress and bring while clearly the sympathy and public key’s Black Sea coast and the straits con- about lasting change. The Turks are proud opinion in Armenia is powerful just as trolling Soviet access to the Mediterranean. people, and respect for the military is a it is in Turkey—Senator BYRD men- During Operations Desert Shield and time-honored tradition. By withdrawing sup- Desert Storm, Turkey was a stalwart sup- port for them and taking on the role of ad- tioned public opinion in Turkey—the porter of the United States and coalition ef- versary, we lose access to key decision mak- Government of Armenia has assisted forts. Turkey allowed the deployment of ers. Recent progress combined with Turkey’s by providing electricity to Karabakh, Joint Task Force Proven Force fighters and unquestioned strategic importance, should and there is at least the strong possi- other aircraft to Incirlik Air Base. The drive the United States to increase support Turks allowed strike missions against Iraq bility, maybe a probability, that they to Turkey in order to achieve our objectives, from Incirlik—almost 2,700 sorties were have provided some weapons to assist not destroy bilateral relations. flown from Turkish territory. The Turks the government there. Whether that Your support in ensuring continued mili- have paid a heavy price for their support of has been done by the government or tary assistance to Turkey is appreciated. the coalition during the Gulf War, due not Please do not hesitate to call if I can be of whether it has been done surrep- only to the closing of the Turkish-Iraqi oil further assistance. titiously just by volunteers I frankly pipeline but also as a result of sanctions Sincerely, do not know. But there is in that re- against Iraq, formerly Turkey’s second larg- OHN M. SHALIKASHVILI, est trading partner. As of 19 June, the coali- J gion now a cease-fire, and there is tion has flown over 23,000 sorties out of Chairman, Joint Chiefs of Staff. movement toward negotiation. Incirlik in support of humanitarian oper- There have been small steps forward. ations protecting the Kurds of northern Iraq. U.S. DEPARTMENT OF STATE, And one of the small steps forward was OFFICE OF THE SPOKESMAN, Further, without Turkish military support, mentioned by Senator BYRD. When the our humanitarian operations in Provide April 20, 1995. [Statement by Nick Burns, Spokesman] Prime Minister of Turkey—and right Comfort would have long since been termi- now the Prime Minister of Turkey is nated and Saddam Hussein would have sub- TURKEY: OPENING OF AIR CORRIDOR WITH trying to reorganize the Government of jugated the Kurds of northern Iraq. ARMENIA Turkey, as I am sure Senator BYRD is Additionally, the Turks have stood with us The United States is pleased to note that in Somalia, contributing 350 troops and the the government of Turkey has decided to re- aware. But she has shown some small commander of the military elements of the open an air corridor to Armenia. This should steps toward reconciliation with Arme- U.N. force after U.S. forces withdrew. They help the flow of humanitarian aid to Arme- nia. We ought to be encouraging those also support current operations in Deny nia. It represents the first concrete step in small steps, and other steps to be Flight and Sharp Guard with over 1,500 what appears to be a warming trend in Turk- troops in UNPROFOR in Bosnia. Turkey rep- taken. That is the aim of this resolu- ish-Armenian relations, and can help further tion. resents a positive role in the Middle East efforts for peace in Nagorno-Karabakh and peace equation and uses traditional influ- Mr. BYRD. Will the Senator yield stability in the region. ence with the Central Asian Republics to just at that point? spread democratic values, secular principles, Mr. SIMON addressed the Chair. Mr. SIMON. I am pleased to yield. The PRESIDING OFFICER. The Sen- and to promote market-based economies. In Mr. BYRD. We should be encouraging our endeavors to reduce tensions in the Ae- ator from Illinois is recognized. gean between Greece and Turkey, the Turk- Mr. SIMON. Madam President, let me additional steps. I am just not sure ish military has been forthcoming in pro- respond just briefly to my friend from that this is the way to go about it. viding unilateral good faith gestures toward West Virginia, and he is my friend. I Mr. SIMON. That is where my friend the Greeks and working with us to establish have tremendous respect for him, and and I differ. I think this is a way to military-to-military Confidence Building he gives us a historical perspective not send a message, and as the Senator Measures to bring about a reduction in ten- from West Virginia has pointed out, we sions. only in the Senate but from the cen- Turkey’s continued participation NATO as turies. If you visit the Simon house- have flexibility in here. The President a strong ally of the U.S. remains vitally im- hold you will see in our dining room a can negate this. The President can say portant as new security arrangements evolve print of a painting by a young ROBERT it is in our national interest to go in Europe. Next to the U.S., Turkey main- BYRD done some years ago. I forget the ahead despite this violation. So I think tains the largest standing army in NATO. We year. I am sure ROBERT BYRD could tell it is wise. have supported their efforts to modernize One other point Senator BYRD makes commensurate with the threats they face in us the year of that painting. this rough neighborhood. While some of Tur- Mr. BYRD. It would have to be at that I think is a point which we should key’s neighbors continue development of least, Madam President, 100 years ago keep in mind—not only in this but in weapons of mass destruction, Turkey faces for me to have been young. other things. Turkey is predominantly increasing fiscal constraints in efforts to [Laughter] a Moslem country. We are going to modernize and remains vulnerable to the Although I feel that my spirit is still have to be more sensitive to the Mos- threats posed by these weapons. young. lem world than we have been. We have It is my understanding some individuals in the United States more Moslems would eliminate military assistance to Tur- Mr. SIMON. But let me, Madam key based on human rights concerns. The President, respond to what Senator than we have Presbyterians today, one Turkish military is actively engaging in ef- BYRD had to say. When he called this a of the amazing statistics, at least as it forts to improve human rights awareness poorly disguised anti-Turkey amend- applies to me when I learned it. That is among its personnel. Progress is visible in ment, both Senator DOLE and I men- why I think what we did in Somalia by their newfound willingness to discuss this tioned in discussing the amendment helping the people of Somalia was very sensitive issue openly. They have instituted initially that it would immediately af- important, and I think it was one of new rules of engagement for all military op- George Bush’s finest hours despite the erations and provided additional training to fect Turkey. There has been no at- many soldiers assigned to anti-terrorist op- tempt to hide that. Though the prin- criticism that sometimes is made of erations. While the recent operations in ciple, we think, is sound, a nation that our small reaction. northern Iraq drew sharp criticism from denies humanitarian assistance to an- But the principle that is established many of Turkey’s European neighbors, evi- other nation should not get American here in the Dole amendment I think is dence indicates that Turkish military went foreign aid. sound. Does it apply to Turkey right to great lengths to protect the lives of inno- On the situation in Karabakh, I have now? Yes. Will it apply in other situa- cent civilians while destroying terrorist base not visited that region. I have visited tions in the future? Yes. Do we have camps. There has been, in short, significant progress on the human rights front. Yerevan, the capital of Armenia, and flexibility with it? Yes. Because we I have personally engaged General Baku, the capital of Azerbaijan. permit the President of the United Karadayl, Turkey’s Chief of Defense, in dia- Karabakh is a region where the large States to have a waiver.

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14033 So I think the resolution should be ate will not adopt this amendment. If Mr. LEAHY. We seem to have a com- adopted. I hope we will accept it, and it does, I hope that the President will munication problem. move ahead. exercise the authority to waive this Might we enter a quorum call for just Again, I make clear that neither on provision. a moment? the part of Senator DOLE nor on my I yield the floor. Mr. HELMS. Fine. part is this designed as an anti-Turkey Mr. MCCONNELL. Madam President, Mr. LEAHY. Madam President, I sug- amendment. It is a message, however, I do not believe there are any other gest the absence of a quorum. to the Turkish Government. speakers on this side of the aisle on the The PRESIDING OFFICER. The Madam President, I yield the floor. Dole amendment, nor do I have a re- clerk will call the roll. Mr. BYRD addressed the Chair. quest for a rollcall vote. So I think we The assistant legislative clerk pro- The PRESIDING OFFICER. The Sen- are ready to move forward. ceeded to call the roll. ator from West Virginia is recognized. Mr. LEAHY. Madam President, I Mr. HELMS. Madam President, I ask Mr. BYRD. Madam President, my dis- would be perfectly happy, since no one unanimous consent that further pro- tinguished friend says that this amend- is requesting a rollcall vote on this ceedings under the quorum call be dis- ment sends a message. He interprets side, to go with a voice vote. the message in a different way from pensed with. The PRESIDING OFFICER. The the way I interpret it. That is what I The PRESIDING OFFICER. Without question is on agreeing to the amend- am concerned about. It will not be in- objection, it is so ordered. ment. terpreted in Turkey as the way, per- Mr. HELMS. I thank the Chair. The amendment (No. 2726) was agreed haps, Senator SIMON wants it to be. I AMENDMENT NO. 2727 TO COMMITTEE to. cannot speak authoritatively, of AMENDMENT ON PAGE 2, LINE 25 Mr. MCCONNELL. Madam President, course. But I do not believe this is the (Purpose: To prohibit the use of funds for re- I move to reconsider the vote. way to send a positive message to the locating the Agency for International De- Mr. LEAHY. I move to lay that mo- Turks. I am concerned that we will velopment to the Federal Triangle Build- tion on the table. ing, Washington, District of Columbia) send a message that backfires. I have The motion to lay on the table was no particular ax to grind for Turkey, or Mr. HELMS. Madam President, oh, agreed to. for Greece, or for Israel. I am not anti- about 30, 40 minutes ago I was delayed Mr. MCCONNELL. I suggest the ab- Turkey. I am not anti-Armenian. I am in having my amendment, which is now sence of a quorum. not anti-Israel, and I am not anti- at the desk, stated. The PRESIDING OFFICER. The Greek. I am pro all of them. But I am When I asked unanimous consent to clerk will call the roll. even more pro-American. My first in- have all amendments laid aside, except The assistant legislative clerk pro- terest and my last interest, and my in- the committee amendment, there was ceeded to call the roll. terest all the time, is in what I feel to an objection. Now there is no objec- Mr. HELMS. Madam President, I ask be the best interests of the United tion, as I understand it. So I now ask unanimous consent that the order for States of America. that the amendment be stated. I think we sometimes offer amend- the quorum call be rescinded. The PRESIDING OFFICER. Is there ments that may appeal to this, or that, The PRESIDING OFFICER. Without objection? or some other special interest group or objection, it is so ordered. If not, the clerk will read the amend- lobby, and there are some pretty pow- Mr. HELMS. I wish to inquire of the ment. erful ones that can sway a lot of votes managers or acting manager, as the The assistant legislative clerk read in this Senate. I suppose in that re- case may be, is there now any objec- as follows: gard, I might wish that Turkey had a tion to my setting aside temporarily The Senator from North Carolina [Mr. more powerful American lobby. Turkey the pending amendment so that I can HELMS] proposes an amendment numbered does not have a powerful lobby in this have stated the amendment that I have 2727 to the committee amendment on page 2, country. And for that matter neither already discussed? line 25. do the American people. The PRESIDING OFFICER. Is there The amendment is as follows: I am here lobbying for the American objection? At the appropriate place in the committee people. I do not claim to be more patri- Mr. LEAHY. I am not sure I under- amendment insert the following: stand the question. There was some otic than any other Senator. I do not PROHIBITION ON USE OF FUNDS FOR RELOCATING ascribe any ulterior purpose to anyone. noise here, and I literally could not AID TO FEDERAL TRIANGLE BUILDING hear the Senator. We are all patriotic. But I am afraid SEC. 577. Notwithstanding any other provi- that we may weaken and undermine The PRESIDING OFFICER. Is the sion of law, none of the funds appropriated or the interests of our own country when Senator from North Carolina asking otherwise made available by this Act may be we become a little overly enthusiastic that the pending amendment be set used to relocate the Agency for Inter- at times in sending so-called messages aside so that he can offer his amend- national Development, or any part of that to countries that are our friends, and ment? agency, to the Federal Triangle Building in Washington, District of Columbia. that have demonstrated time and time Mr. HELMS. All pending amend- again their friendship towards the ments. Mr. HELMS. Mr. President, while the United States. The PRESIDING OFFICER. All pend- Senate Foreign Relations Committee Look at the strategic position of Tur- ing amendments. That is the question. was busy approving legislation abol- key on the map. The people of Israel, Is there objection to setting aside all ishing the Agency for International De- and the people of Greece should recog- the pending amendments so the Sen- velopment, the entrenched bureaucracy nize that there is a strong Turkey pro- ator from North Carolina—— at AID has been preparing to spend $40 tecting their flanks and their security Mr. HELMS. Madam President, if I million to move its offices into some of interests. There are forces within Tur- inferred or if I implied that I want to the most expensive real estate in the key that are striving to turn Turkey’s set aside the committee amendment, I entire Washington area. Apparently, face away from the West and may do not want to do that. AID officials think they are playing someday succeed in converting Turkey The PRESIDING OFFICER. That is with monopoly money and that AID into another Iran. Then where would correct. has just landed on Boardwalk. Israel be? Then where would Greece be? Mr. LEAHY. Madam President, I am The building, known as the Federal Then where would NATO be? Our own not sure. Has the Senator made that Triangle and dubbed by the Wash- security interests would suffer. I am request, or was he asking Senator ington Times a ‘‘Blueprint for a Boon- just pro United States, and I see Tur- MCCONNELL as the manager, and myself doggle,’’ was originally supposed to key as a friend, an ally. So we cannot as the ranking manager whether we cost $362 million but its cost has soared afford to insult her. It seems that we would accept such a request? That was to $700 million. Tom Sherman, former have a proclivity for wanting to slap my problem. assistant administrator of GSA called Turkey around—to send a ‘‘message.’’ Mr. HELMS. The communication will it the project from Hell. Yet, despite Madam President, I respect the views go all the way down. I do not under- congressional efforts to abolish AID, of other Senators, but I hope the Sen- stand what the Senator said. they intend to burrow-in at this plush,

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14034 CONGRESSIONAL RECORD — SENATE September 21, 1995 new Taj Mahal on Pennsylvania Ave- other than amendments that the dis- The Senator from New Mexico [Mr. BINGA- nue, further isolating AID from the De- tinguished chairman of the Foreign Re- MAN] proposes an amendment numbered 2728. partment of State. lations Committee may have and that The amendment is as follows: According to AID, its proposed move the majority leader may have. So I At the appropriate place insert the fol- has already cost taxpayers $13.6 million would like to encourage—and I see one lowing: in fiscal years 1994 and 1995 and will of those Senators here on the floor, the SEC. . PROTECTION OF HUMANITARIAN EF- cost at least an additional $27 million distinguished Senator from New Mex- FORTS. Notwithstanding any provision of law to in fiscal years 1996 and 1997. Now, when ico. the contrary: a Federal agency contemplates a move, Again, let me repeat, we are down to (a) FAMILY SUPPORT PAYMENTS.—Residents it usually does so with the goal of sav- about four or five amendments that of the United States shall not be prohibited ing taxpayers money. But AID intends will require a rollcall vote, other than from sending to their parents, siblings, to do just the opposite. Right now, AID the amendments that may be offered spouses, or children currently residing in pays $20 million annually for its leases by the distinguished chairman of the Cuba small amounts of money (not to exceed $200 per month) to be used for the purchase in the D.C. area. After the move, AID Foreign Relations Committee and by the majority leader. So that is where of basic necessities, including food, clothing, plans to spend more than $32 million a household supplies, rent, medicine, and med- year in rent—so this move would actu- we are at the moment. I see Senator ical care. ally increase AID’s annual rent by BINGAMAN here. (b) COMPASSIONATE TRAVEL.—Residents of more than one-third. Mr. LEAHY. Madam President, the the United States shall not be prohibited The pending amendment would save Senator includes in that—so we make from traveling to Cuba for a period up to at least $16 million next year by pro- sure we understand—one that would thirty (30) days to attend to a medical emer- gency involving, or to attend the funeral of, hibiting AID from spending any money obviously require a rollcall. That would be the major reorganization such resident’s parent, sibling, spouse, or to facilitate its move out of the State child. Department. amendment that we debated earlier (c) NATIONAL DISASTER RELIEF.—The Let me attempt to explain why this today. United States shall not be prohibited from move will be so costly to the tax- Mr. MCCONNELL. I say to my friend participating in humanitarian relief efforts payers. The chart next to me illus- from Vermont that is one of the of multilateral organizations of which the trates how much AID intends to spend amendments of the distinguished United States is a member, where such hu- manitarian relief efforts are made in the per square foot for this new lease as chairman of the Foreign Relations Committee. aftermath of a natural disaster on the island compared to lease costs elsewhere in of Cuba. the Washington area. Mr. LEAHY. Madam President, while we are waiting for just some adminis- Mr. BINGAMAN. Mr. President, this The chart clearly shows that the av- amendment, as the language of the erage cost to lease space in Washington trative work being done on an amend- ment which is about to be offered, we amendment just read indicates, is an is less than $29 per square foot. Even in effort to put the Senate on record and central Washington, the going rate for have here, at least as it came out of committee, basically a very straight- the Congress on record as favoring pro- lease space is only $37 per square foot. tection of some basic humanitarian ef- But right now, under the terms nego- forward appropriations bill. The distin- guished chairman and myself worked forts made by Americans on behalf of tiated between AID and the General the Cuban people. Services Administration [GSA], AID very, very hard on this. We tried to ac- commodate the concerns and desires of More importantly, it also allows intends to lease space in the Federal Cuban-Americans currently residing in Triangle building for a minimum of $55 Republicans and Democrats alike in the Appropriations Committee and oth- the United States to ease the suffering per square foot—far more than any pri- of immediate family members who vate business in Washington would ers who came to us with amendments. Those things that we could not agree they may have still remaining in Cuba. agree to pay. It does not take a mathe- First, the amendment would allow on when we did it, we had votes in the matician to know that the folks at AID Cuban-Americans and American citi- committee on them. have been snookered on this deal. zens who currently reside in the United We are now, on the 21st of Sep- More shocking, AID intends to lease States to provide modest cash remit- tember, 9 days before the end of the fis- a substantial amount of what it calls tances of not more than $200 a month cal year, on one of the 13 major appro- structurally changed space for more to immediate family members. priation bills that have to be passed. than $97 per square foot—triple the The reason that this is an important Frankly, I would like to see—and I sus- fairmarket value of this space. So, provision is that, as I understand it, we pect the distinguished chairman agrees while Congress is working to abolish presently have in place a policy or Ex- with this—I would like to see if some- AID, AID is busy figuring out ways to ecutive order that is prohibiting those time by early evening we could just spend more Federal money with this remittances. That has been in place vote and pass all of these; either vote move to the high-rent district. ever since we were negotiating some- Mr. President, let us give the tax- these amendments up or vote them time last year with the Cuban Govern- payers a break. AID does not need a down, and then vote up or vote down on ment. I do not believe that this will new Taj Mahal. the final bill. And I urge our colleagues hurt any efforts to bring democracy to I yield the floor. to work toward that end. Cuba or aid the Cuban Government, Frankly, my willingness to accept or The PRESIDING OFFICER. The but it will go a great distance in aiding accommodate amendments diminishes amendment is pending. or in easing the suffering of the Cuban The question is on agreeing to the as the Dracula hour approaches. I yield people. amendment. the floor. Second, the amendment would pro- Mr. BINGAMAN addressed the Chair. So the amendment (No. 2727) was tect the rights of Cuban-Americans to The PRESIDING OFFICER (Mr. GOR- agreed to. travel to Cuba in the event of a med- TON). The Senator from New Mexico is C ical emergency or death in their imme- Mr. M CONNELL. I move to recon- recognized. sider the vote. diate family. Cuban-Americans would AMENDMENT NO. 2728 Mr. LEAHY. I move to lay that mo- be able to travel for periods of up to 30 (Purpose: To allow residents of the United tion on the table. States to send to their immediate family days for such emergencies. I am sure The motion to lay on the table was members in Cuba small amounts of money my colleagues would agree that any in- agreed to. to pay for basic necessities such as food, dividual should be able to freely travel Mr. MCCONNELL addressed the clothing, and medical care) in order to attend the funeral of a fam- Chair. Mr. BINGAMAN. Mr. President, I ily member or deal with a family med- The PRESIDING OFFICER. The Sen- send an amendment to the desk and ical emergency. ator from Kentucky is recognized. ask for its immediate consideration. Finally, the amendment says that Mr. MCCONNELL. Madam President, The PRESIDING OFFICER. Without the United States would not be prohib- it is my understanding we are down to objection, the clerk will report. ited from participating in humani- about four or five amendments left The assistant legislative clerk read tarian efforts of multilateral organiza- that would require a rollcall vote, as follows: tions in the aftermath of any natural

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14035 disaster that might occur involving the Mr. President, I ask for the yeas and distinguished gentleman over in the island of Cuba. These international ef- nays. House, chairman of the House Inter- forts or humanitarian efforts referred The PRESIDING OFFICER. Is there a national Relations Committee, and I to would be efforts initiated by multi- sufficient second? would be able to act on our respective lateral organizations of which we are There is a sufficient second. reservations about the authorization already a member, and we, of course, The yeas and nays were ordered. bill when it went to conference. Now would be aiding in relief efforts The PRESIDING OFFICER. Is there all of that is out the window—at least through those organizations. further debate on the amendment? for the time being. So, as it turned out, Mr. President, I am sure that all Mr. McCONNELL. Mr. President, we need to withhold from going to the BEN GILMAN and I never got the Members of the Senate will agree that chance. the protection of these basic humani- vote. We have not cleared the time yet on this side. There are a number of improvements tarian efforts by Americans and Cuban- Mr. President, I suggest the ab- that can and should be made to this Americans on behalf of the Cuban peo- sence—— legislation. But let me offer some pure- ple and family members is the right Mr. HELMS. If the Senator will with- ly personal and fundamental problems thing to do. We may have serious dis- hold. Would the Senator like to set that I have with the so-called Middle agreements about United States policy aside the pending amendment so I can East Peace Facilitation Act, which is and how that policy can best achieve call up another amendment? now pending. democracy in Cuba, but surely we can Mr. McCONNELL. Mr. President, is If you wonder if I trust Yasser all agree that such a policy should not the distinguished Senator from North Arafat, the answer is ‘‘no.’’ His hands be inhumane to the people of that Carolina suggesting that we handle are bloody; his career is smeared with country. the—I do not see a number on this— unspeakable acts of terrorism. I will Our Government’s dispute with the PLO amendment? never fully understand how the leaders Cuban Government should not inter- Mr. HELMS. Middle East peace, yes. of Israel could reach the decision to fere with clearly humanitarian efforts Mr. McCONNELL. It is my under- turn over land to Arafat, a man whose and basic family rights of Cuban-Amer- standing that that has been cleared by creed calls for the destruction of the icans residing in this country. both sides. Is that Senator LEAHY’s un- Mr. President, I believe it is impor- nation of Israel, and whose co-conspira- derstanding? tors have referred to Israel as the tant for the Senate to be on record in Mr. LEAHY. I am doublechecking ‘‘eternal enemy.’’ support of this, particularly in light of that right now. If it is, we can dispense some of the Executive orders that have with it in about 2 minutes. Maybe we Will this peace process convince been issued recently. can save ourselves even more time if Arafat that he cannot promote peace I urge my colleagues to support the we can withhold for just a couple of while he is winking at gun-toting ter- amendment. I yield the floor. minutes. rorists in Hamas? I do not know, but I Mr. LEAHY. Mr. President, I suggest Mr. HELMS. In any case, if the Sen- frankly doubt it. Will it matter to the absence of a quorum. ator will yield, I do have a statement Arafat that the Congress of the United The PRESIDING OFFICER. The which would take 5, 10 minutes in con- States regards Jerusalem as the capital clerk will call the roll. nection with the amendment. of Israel, and that this Congress has The legislative clerk proceeded to Mr. LEAHY. I have no problem with not the slightest predisposition or in- call the roll. that at all. That might kill two birds tent to help finance PLO offices in Je- Mr. BINGAMAN. Mr. President, I ask with one stone. rusalem? I think not. unanimous consent that the order for Mr. HELMS. I thank the managers of One thing is certain about the Middle the quorum call be rescinded. the bill. I shall be as brief as possible. East Peace Facilitation Act of 1995, the The PRESIDING OFFICER. Without This amendment, as I understand it, pending amendment. One thing or the objection, it is so ordered. has been cleared on both sides. I hope Mr. BINGAMAN. Mr. President, I ask other is going to happen. Yasser Arafat that is correct. will have a final opportunity to dem- unanimous consent that Senator PELL, Mr. President, Senator PELL, the dis- the Senator from Rhode Island, be list- onstrate that for once a leopard can tinguished Senator from Rhode Island change its spots. He will have an oppor- ed as a cosponsor of the amendment. and ranking member of the Foreign Re- The PRESIDING OFFICER. Without tunity to astonish everybody by dem- lations Committee, and I and the sev- objection, it is so ordered. onstrating that he does indeed wish to Mr. HELMS addressed the Chair. eral other cosponsors of the Middle join the ranks of the decent and honor- The PRESIDING OFFICER. The Sen- East Peace Facilitation Act of 1995 in- able in this violent and troubled world. ator from North Carolina. troduced our bill, S. 1064, on July 21, He may astonish me, and I pray that he Mr. HELMS. Mr. President, will the with the now-obvious overly-optimistic can and that he will. Chair inform me as to what the lineup assumption that it could and would be All around are leaders willing to risk of amendments is as they now stand? incorporated into the State Depart- giving Yasser Arafat one last chance. I The PRESIDING OFFICER. The Sen- ment authorization bill. fear that I know what is going to hap- ate is considering an amendment of the I shall not recount the well-known pen down the road, and not very far Senator from New Mexico, amendment reasons why the Foreign Relations down the road. As is so often said, No. 2728. Committee’s State Department author- ‘‘let’s give peace a chance,’’ even if it Mr. HELMS. That is the pending ization bill was given such scant con- proves to be one last exercise in futil- business. There are three other amend- sideration by the minority of the Sen- ity. ments in line, are there not? ate, except to say that it ran into bu- The PRESIDING OFFICER. Two reaucratic bombardment from the I have several amendments to offer, other amendments were set aside. One State Department, the White House, none of which will kill the peace proc- is an amendment of the Senator from and a coterie of independent agency bu- ess, and the PLO can comply with each and every one of them if Yasser Arafat Alaska, Mr. MURKOWSKI, and the other reaucrats who were tormented by the an amendment by the distinguished very idea that their multibillion dollar has even a spark of genuineness in him. Senator from North Carolina for him- playpens might be broken up, which, I First, although Senators may not be self and for Senator DOLE. might add, was precisely the intent of aware of it, the PLO has at least 10 of- Mr. HELMS. May I ask the manager my piece of legislation. fices operating within the city limits of the bill, do they intend to accept the In any case, here we are with the of Jerusalem. The PLO does not belong amendment? Does the Senator from Foreign Relations Committee’s author- in Jerusalem. If those offices are not New Mexico intend to ask for the yeas ization bill now in part tacked onto the shut down within 6 months, then under and nays on his amendment? appropriations bill. this amendment, all U.S. aid to the Mr. BINGAMAN. In response to the I certainly find no joy in that set of PLO would be cut off. Senator from North Carolina, I was circumstances. The authorization bill, Second, 2 years ago Yasser Arafat hoping to have a vote on the amend- S. 1964, had bipartisan support, in part pledged he would cooperate in pro- ment that I have offered. I would be because there was a fairly explicit pre- viding information regarding the fate glad to do that at this time. sumption that Chairman GILMAN, the of

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14036 CONGRESSIONAL RECORD — SENATE September 21, 1995 an Israeli-American soldier captured The legislative clerk read as follows: tarian corridor amendment, of which I by a PLO faction. To the best of any- The Senator from North Carolina [Mr. was a cosponsor. I ask unanimous con- body’s knowledge, he has not done HELMS] proposes an amendment numbered sent that the distinguished Senator that. No doubt there is information in 2729. from Nevada [Mr. REID] be added as a Mr. Arafat’s hands about other Ameri- Mr. HELMS. I ask unanimous con- cosponsor. cans held by the PLO and those affili- sent reading of the amendment be dis- The PRESIDING OFFICER. Without ated with the PLO. pensed with. objection, it is so ordered. The President of the United States, The PRESIDING OFFICER. Without Mr. LEAHY. Mr. President, I suggest under this amendment, must certify objection, it is so ordered. the absence of a quorum. that Yasser Arafat is being specifically The amendment is as follows: The PRESIDING OFFICER. The helpful in the search by the United On page 113, lines 25 and 26, strike ‘‘eight- clerk will call the roll. States for information regarding vic- een’’ and insert ‘‘twelve’’. The legislative clerk proceeded to tims of terrorism. Surely this is a On page 119, line 15, insert ‘‘and thereby call the roll. small request in return for assistance nullified’’ after the phrase ‘‘effectively dis- avowed’’. Mr. HELMS. Mr. President, I ask that the United States provides. On page 120, lines 3 and 4, strike ‘‘in ac- unanimous consent that the order for Third, this Middle East Peace Facili- cordance with the terms that may be agreed the quorum call be rescinded. tation Act is to be 18 months in dura- with Israel’’ and insert ‘‘that neither engage The PRESIDING OFFICER. Without tion. Several Members of the House of in nor practice terrorism or violence in the objection, it is so ordered. Representatives have argued for a 12- implementation of their political goals’’. Mr. HELMS. Mr. President, I have an month bill. I happen to believe they are On page 120, line 15, strike ‘‘and’’. unprinted amendment—it is a printed right. The situation in the Middle East On page 120, line 19, strike the period and insert ‘‘; and’’. amendment—at the desk. I ask it be is so fluid that 12 months will serve ev- On page 120, between lines 19 and 20, insert stated. eryone better, in my judgment. the following: The PRESIDING OFFICER. Does the Then I have two technical amend- (7) the P.L.O. has not funded, either par- Senator ask unanimous consent to set ments which will follow shortly to tially or wholly, or has ceased funding, ei- aside the pending amendment? clean up some unclear language regard- ther partially or wholly, any office, or other Mr. HELMS. Yes, sir. I thank the presence of the Palestinian Authority in Je- ing the Palestinian covenant and the chair. participation of active terrorist groups rusalem. (8) the P.L.O. is cooperating fully with the The PRESIDING OFFICER. Without in Palestinian elections. I doubt that Government of the United States on the pro- objection, it is so ordered. anybody in this Chamber will find ei- vision of information on United States na- AMENDMENT NO. 2730 TO THE COMMITTEE ther of these objectionable. tionals known to have been held at any time AMENDMENT In summary, there has been a great by the P.L.O. or factions thereof. (Purpose: To restrict the availability of deal of discontent and doubt about this At the appropriate place in the Committee funds for the U.N. Population Fund peace process. I hope we can relieve amendment, insert the following new sec- (UNFPA)) some of that. I do hope that all Sen- tion: The PRESIDING OFFICER. The ators who have suggested alternatives COERCIVE POPULATION CONTROL METHODS clerk will report. or amendments to MEPFA, I hope they SEC. . Notwithstanding any other provi- The legislative clerk read as follows: sion of this Act or other law, none of the will offer them for an open discussion The Senator from North Carolina [Mr. funds appropriated by this Act may be made that will, of course, benefit all of us. HELMS] proposes an amendment numbered available for the United Nations Population Mr. President, I thank you. I yield 2730 to the committee amendment. the floor. Fund (UNFPA), unless the President cer- tifies to the appropriate congressional com- Mr. HELMS. Mr. President, I ask Mr. LEAHY. Mr. President, this mittees that (1) the United Nations Popu- unanimous consent that reading of the amendment of the Senator from North lation Fund has terminated all activities in amendment be dispensed with. Carolina is acceptable on this side. the People’s Republic of China; or (2) during The PRESIDING OFFICER. Without I wonder if the distinguished floor the 12 months preceding such certification, objection, it is so ordered. manager would be interested in doing there have been no abortions as the result of The amendment is as follows: it this way: That we pass by voice vote coercion associated with the family planning the amendment by the Senator from policies of the national government or other At the appropriate place in the Committee governmental entities within the People’s amendment, insert the following new sec- North Carolina and then go for rollcall, tion: the yeas and nays having been ordered Republic of China. As used in this section the term ‘‘coercion’’ includes physical duress COERCIVE POPULATION CONTROL METHODS on the amendment of the Senator from or abuse, destruction or confiscation of prop- New Mexico. SEC. . Notwithstanding any other provi- erty, loss of means of livelihood, or severe sion of this Act or other law, none of the Mr. McCONNELL. Mr. President, ap- psychological pressure. funds appropriated by this Act may be made proving the Helms amendment is fine. The PRESIDING OFFICER. If there available for the United Nations Population I indicated to the Senator from New is no further debate on the amendment, Fund (UNFPA), unless the President cer- Mexico that the Senator from Florida, the question is on agreeing to the tifies to the appropriate congressional com- Senator MACK, will want to speak on amendment. mittees that (1) the United Nations Popu- his amendment, so we will not be able The amendment (No. 2729) was agreed lation Fund has terminated all activities in to go forward on the Bingaman amend- the People’s Republic of China; or (2) during to. the 12 months preceding such certification, ment yet. Mr. HELMS. I move to reconsider the I see no problem in moving ahead on there have been no abortions as the result of vote. coercion associated with the family planning the Helms amendment that is cur- Mr. McCONNELL. I move to lay that policies of the national government or other rently before the Senate. I am aware of motion on the table. governmental entities within the People’s no opposition to it, Mr. President. The motion to lay on the table was Republic of China. As used in this section The PRESIDING OFFICER. The agreed to. the term ‘‘coercion’’ includes physical duress amendment has not yet been offered. Mr. HELMS. I suggest the absence of or abuse, destruction or confiscation of prop- Mr. LEAHY. I am referring to the a quorum. erty, loss of means of livelihood, or severe amendment that the Senator from The PRESIDING OFFICER. The psychological pressure. North Carolina has been speaking clerk will call the roll. Mr. HELMS. Mr. President, the pend- about. The legislative clerk proceeded to ing amendment is directed toward the AMENDMENT NO. 2729 TO THE LAST COMMITTEE call the roll. U.N. Population Program familiarly AMENDMENT Mr. LEAHY. Mr. President, I ask known as UNFPA. It is directed at the (Purpose: To Amend the Middle East Peace unanimous consent that the order for U.N. Population Program and the Peo- Facilitation Act) the quorum call be rescinded. ple’s Republic of China. Mr. HELMS. I send an amendment to The PRESIDING OFFICER. Without The arrest earlier this year of my the desk for immediate consideration. objection, it is so ordered. friend, Harry Wu—and he is a friend of The PRESIDING OFFICER. The Mr. LEAHY. Mr. President, a few a lot of Senators here—again high- clerk will report. minutes ago we passed the humani- lights, I think, China’s dismal human

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14037 rights record. And of course all Sen- Mr. President, this bill carries an- UNFPA’s relationship with China re- ators have heard the horror stories as- other provision—as have previous for- mains unchanged, I strongly urge Sen- sociated with the brutal population eign aid appropriations bills since ators to support the amendment to control program of the People’s Repub- 1985—designed to prohibit funding force UNFPA out of China. lic of China. UNFPA, but without identifying The PRESIDING OFFICER. The Sen- The pending bill proposes to hand UNFPA by name. The provision, known ator from Kentucky. over another $35 million to UNFPA— as the Kemp-Kasten amendment, pro- Mr. McCONNELL. Mr. President, as $20 million less than the Clinton ad- hibits funding of any ‘‘organization or the Senator from North Carolina, I be- ministration proposed in my judgment, program which, as determined by the lieve, mentioned in his statement, the and I think the judgment of many President of the United States, sup- amendment he offered was in the origi- other Senators, it is still $35 million ports or participates in the manage- nal chairman’s mark which was then too much. I, therefore, expect a few ment of a program of coercive abortion stripped out at the subcommittee level, UNFPA defenders to come down to the or involuntary sterilization.’’ Senator so I obviously support the amendment Senate floor and say that U.N. Popu- Kasten and Congressman Kemp had of the Senator from North Carolina. lation Program activities in China Communist China in mind, where One of the thoughts that my friend really don’t matter because UNFPA UNFPA operates one of its cornerstone from Vermont and I were discussing is does some good things elsewhere. Oth- programs. the possibility of a hour and half, or a ers will claim that language specifi- From 1986–92, the Reagan and Bush 2-hour time agreement on the amend- cally restricting the United States con- administrations determined that ment, if that is acceptable to the Sen- tribution from being used in China is UNFPA was in violation of the Kemp- ator from North Carolina. That would all that is needed. But, I do not buy Kasten amendment. Indeed, President give Senators notice that there would that, and neither do the American peo- Bush vetoed the fiscal year 1990 foreign be a vote at a time certain in a couple ple, if I am any judge of the attitude of operations appropriations bill because of hours from now. the people. it gutted the Kemp-Kasten amend- I am curious. I would ask Senator Either UNFPA is mixed up in China’s ment. President Bush opposed funding LEAHY if he has any feeling about the grotesque and cruel population control UNFPA because it was the only organi- appropriateness of such time agree- program, or it is not. And the fact is, zation that violated the Kemp-Kasten ment. UNFPA helped design China’s one- amendment and because, as Mr. Bush Mr. LEAHY. Mr. President, I strong- child-per-family population control put it: ly support it if we are ever going to fin- program 20 years ago, and it has ac- The [U.N. Population Program] partici- ish this bill in our lifetime. I under- tively supported the program ever pates in and strongly defends the program of stand one Senator is not on the floor, since. Indeed, UNFPA holds up China’s a particular foreign government [China] which relies heavily upon compulsory abor- and he would be on the floor in about a program as a model for the developing tion. This fund received no United States as- minute or two. world. sistance since 1985, precisely because of its I would suggest this, that we go off The pending amendment insists that involvement in the coercive abortion policy. this amendment for about 3 minutes, the U.N. Population Program termi- It is well known that one of the first bring back the Bingaman amendment nate its activities in China or the actions taken by President Clinton, during that time, and then 3 minutes United States Government will termi- when he assumed office, was to reverse from now go back to the Senator from nate its association with UNFPA. It is this longstanding policy—despite the North Carolina. as simple as that. The amendment is administration’s full knowledge of Chi- Mr. President, I ask unanimous con- identical to language in the House na’s cruel program and UNFPA’s close sent that we go off the pending amend- version of this bill, and should be in- relationship with it. That is why the ment, go back to the Bingaman amend- cluded in this bill. pending amendment is the pending ment, and I assure my colleague I will Let me say, parenthetically, that a business in the Senate right now. be asking that we go back to the Helms foreign aid conference report may ex- AID Administrator Brian Atwood amendment in a matter of 3 or 4 min- perience some trouble in the House un- told the chairman of the House Foreign utes. less this and other pro-life, pro-child Operations Appropriations Sub- The PRESIDING OFFICER. Is there provisions remain. Foreign aid is as un- committee, in an August 6, 1993, letter, objection? popular in the House as it has ever that ‘‘* * * if there are not significant Without objection, it is so ordered. been, and I do not think that pro-life improvements in China’s population Mr. HELMS. Mr. President, I ask for Congressmen will be inclined to vote program, the United States will not the yeas and nays on the amendment. for this bill without language pro- support continued UNFPA assistance The PRESIDING OFFICER. On the tecting unborn children. to China beyond 1995 when the current Helms amendment? Mr. President, let us be clear about program ends.’’ Mr. HELMS. Yes. the kind of abuses that occur in China The fact is, Mr. President, the situa- The PRESIDING OFFICER. Is there under the nose of UNFPA. Women are tion in China has worsened, but objection to the request? Hearing no dragged into government clinics and UNFPA does not intend to pull out of objection, is there a sufficient second? forced to have an abortion if they al- China, and the Clinton administration There is a sufficient second. ready have one child. Women and men has every intention of contributing The yeas and nays were ordered. are forced, like animals, to undergo money to UNFPA. The administration Mr. HELMS. I thank the Chair. I sterilization procedures if they violate apparently gives UNFPA a wink and a thank the managers. the one-child policy. This inhumane nod in New York, and then glibly tells Mr. BINGAMAN. Mr. President, what program—of which UNFPA is so Congress, ‘‘trust us, the United States is the pending business? proud—has caused an alarming in- doesn’t support UNFPA assistance to The PRESIDING OFFICER. The crease in abortions of baby girls be- China.’’ Chair informs the Senator from New cause many Chinese value boys more. Let me say this in conclusion. Mr. Mexico that the pending amendment is In light of this cruelty against the President, Americans already believe the amendment of the Senator from most innocent and helpless members of that too much of their tax money goes New Mexico. the human race, the Christian Coali- to the United Nations. Poll after poll AMENDMENT NO. 2731 TO AMENDMENT NO. 2728 tion’s Contract with the American after poll shows that. And they cer- (Purpose: To allow residents of the United Family specifically targets eliminating tainly do not want any administration States to send to their immediate family funding for UNFPA. A cogent expla- to give money to the U.N. Population members in Cuba small amounts of money nation of why UNFPA is targeted is on Program, thereby condoning that orga- to pay for basic necessities such as food, pages 72–74 of the contract. I shall do nization, including its involvement clothing, and medical care) everything I can to require that with China’s grotesque population con- Mr. BINGAMAN. Mr. President, I UNFPA pull out of China, or face ter- trol program. send a second amendment to the desk mination of United States taxpayers’ Since China clearly has made no im- and ask for its immediate consider- funding. provement on human rights, and since ation.

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14038 CONGRESSIONAL RECORD — SENATE September 21, 1995 The PRESIDING OFFICER. The it would be a good idea to have the To insinuate that anyone in this body clerk will report. vote on the Helms amendment in an supports such a practice is really dis- The legislative clerk read as follows: hour and a half, with the time equally ingenuous. The Senator from New Mexico [Mr. BINGA- divided under control of the managers. That is one of the reasons I intro- MAN] proposes an amendment numbered 2731 Mr. MCCONNELL. Mr. President, I duced legislation with the chairman to to amendment No. 2728. ask unanimous consent that the vote revoke most-favored-nation status for Mr. BINGAMAN. Mr. President, I ask on the Helms amendment occur at 6:30 China. I believe it should be at the unanimous consent that reading of the and that the time on the amendment forefront of our human rights agenda amendment be dispensed with. be equally divided in the usual fashion. with China. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Is there It should be an issue at bilateral and objection, it is so ordered. objection? multilateral fora; The amendment is as follows: Without objection, it is so ordered. Strike all after the first word and insert Mr. LEAHY. Mr. President, I suggest It should be linked to benefits, such the following: the absence of a quorum, and I ask as MFN, which the Chinese desire; SEC. . PROTECTION OF HUMANITARIAN EF- unanimous consent that the time be It should be a subject for the U.N. FORTS. charged equally. Commission on Human Rights; Notwithstanding any provision of law to And it should be an issue for foreign the contrary: The PRESIDING OFFICER. Without (a) FAMILY SUPPORT PAYMENTS.—Residents objection, it is so ordered. corporations in China as they are sin- of the United States shall not be prohibited The clerk will call the roll. cerely interested in improving the from sending to their parents, siblings, The legislative clerk proceeded to quality of life for their Chinese em- spouses, or children currently residing in call the roll. ployees. Cuba small amounts of money (not to exceed Mr. LEAHY. Mr. President, I ask But withdrawing from the UNFPA $195 per month) to be used for the purchase unanimous consent that the order for would do nothing to combat coercive of basic necessities, including food, clothing, the quorum call be rescinded. household supplies, rent, medicines, and abortion because UNFPA is not in- medical care. The PRESIDING OFFICER. Without volved in the policy, and current law (b) COMPASSIONATE TRAVEL.—Residents of objection, it is so ordered. governing the United States contribu- the United States shall not be prohibited AMENDMENT NO. 2730 tion to UNFPA wholly separates from traveling to Cuba for a period up to Mr. LEAHY. Mr. President, I yield 15 United States funds from being used in thirty (30) days to attend to a medical emer- minutes from the side in opposition to China altogether. gency involving, or to attend the funeral of, the distinguished Senator from Wis- such resident’s parent, sibling, spouse, or That law was reaffirmed by a strong, child. consin [Mr. FEINGOLD]. bipartisan 11–5 vote in the Senate For- (c) NATIONAL DISASTER RELIEF.—The The PRESIDING OFFICER. The Sen- eign Relations Committee last month United States shall not be prohibited from ator from Wisconsin is recognized for when we debated the UNFPA issue in participating in humanitarian relief efforts 15 minutes. an amendment to the foreign aid au- of multilateral organizations of which the Mr. FEINGOLD. Thank you, Mr. thorization bill. United States is a member, where such hu- President. I thank the manager very manitarian relief efforts are made in the Current law not only explicitly pro- much for the 15 minutes in order to op- hibits United States funds from being aftermath of a natural disaster on the island pose the Helms amendment on UNFPA of Cuba. used in UNFPA’s China program, it and to support the committee language also mandates that UNFPA must hold Mr. BINGAMAN. Mr. President, I ask on population and abortion. for the yeas and nays on the second-de- United States funds in separate ac- Everyone understands that this is the counts to ensure that they are not co- gree amendment. same debate we had in the Senate For- The PRESIDING OFFICER. Is there a mingled with other moneys which may eign Relations Committee this sum- be supporting family planning services sufficient second? mer, when the committee voted by a There is a sufficient second. in China. decisive 11–5 vote to authorize $35 mil- The yeas and nays were ordered. Our provisions also require that the lion in funding for UNFPA. Mr. BINGAMAN. Mr. President, I administration certify that China is re- yield the floor. The UNFPA is the world’s leading family planning agency, with approxi- ceiving only the $7 million which the Mr. LEAHY. Mr. President, I ask UNFPA 5-year plan allocates. Under unanimous consent that we tempo- mately one-third of all population as- sistance to developing countries chan- current law, if the report shows that rarily lay aside the Bingaman amend- UNFPA invests more than $7 million in ment and that we go back to the Helms neled through it. It provides funds and training for ma- China, then the United States con- amendment we were discussing just a tribution to UNFPA will be deducted moment ago. ternal and child health care, family planning devices, and technical assist- by that proportional amount, so there The PRESIDING OFFICER. Without is no way that additional funds from objection, it is so ordered. ance for population programs. UNFPA, by its own mandate, is not the United States can be put in in this Mr. MCCONNELL. Mr. President, way. what I was going to suggest, subject to involved in abortions or abortion-re- Mr. President, we will do more to in- the approval of the other side, is that lated services. It is family planning fluence the China program if we stay we schedule the vote on the Helms agency. involved with UNFPA. The current amendment for 6:30. So, this is a debate on population. It Would that work? should not be a debate on abortion. program ends in December 1995. If we Mr. BINGAMAN. Mr. President, re- That is why the amendment by the are not contributors to UNFPA, then serving the right to object, would it be Senator from North Carolina dem- we will not be at the table at the end possible in that same unanimous-con- onstrates a fundamental misunder- of the year to help decide if and how sent agreement to have a provision for standing of what the UNFPA does, and this organization will work in China. a vote on the second-degree amend- will do nothing to end the horrific That is certainly no way to stop coer- ment that I just offered giving suffi- practice of coercive abortion. cive abortion. cient time for debate? Nowhere in the world—including Further, if we withdraw, we will pull Mr. MCCONNELL. I say to my friend China does the UNFPA involve itself no other country with us. Let me re- from New Mexico, we are still trying to with abortion policy or the delivery of mind my colleagues that when the get the input from one Senator on his abortion and abortion-related services. United States withdrew from UNFPA amendment now as amended. So at this Indeed, if I believed that UNFPA or in 1984, not one single other country particular moment I think that would any U.S. Government program was joined in our boycott. In any event, it not be possible. being used to support coercive abor- makes no sense to withdraw from this Mr. BINGAMAN. I will not object, tion, I would vehemently object. organization since it is in fact exactly Mr. President. Like the chairman, I too, am the fa- the services performed by UNFPA that Mr. LEAHY. Mr. President, I have ther of two daughters and am horrified make abortion less likely and less fre- absolutely no objection. In fact, I think by the Chinese policies on baby girls. quent.

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14039 Let us talk about that for a minute. I thank the Chair and yield the re- Reagan investigated the issue and Let us talk about the threat of over- mainder of whatever time I have back found, and I quote from an AID docu- population to our national security in- to the manager. I yield the floor. ment from that time, ‘‘that UNFPA is terests and what UNFPA and global Mrs. MURRAY addressed the Chair. a benevolent factor in China which population programs are doing to ad- The PRESIDING OFFICER. The Sen- works to decrease the incidence of co- dress it. The world population is ex- ator from Washington. ercive abortion’’ in China by providing ploding. From 1800 to 1930, our planet Mrs. MURRAY. I thank the Chair. effective family planning services. grew from 1 to 2 billion people. Today, The PRESIDING OFFICER. The Sen- That same Reagan administration in- we are up to 5 to 6 billion people, with ator from Washington is informed that vestigation found absolutely no evi- 1 million born every 96 hours. At this time is controlled. Does she wish to dence that the UNFPA participated in rate, we will have quadrupled our popu- ask unanimous consent to take a cer- or supported in any way China’s coer- lation by the end of this century. tain amount of time from the Senator cive family planning practices. Sadly, Overpopulation hampers economic from Vermont? caught up in the pro-life politics of the development, harms world health Mrs. MURRAY. How much time re- time, UNFPA was nonetheless standards, threatens food security. It mains on our side? defunded by President Reagan. Presi- stresses the environment, it harms the The PRESIDING OFFICER. There dent Clinton has since resumed U.S. status of women, and it often forces are 43 minutes and 7 seconds. support for this agency and therein lie dangerous migration and refugee pat- Mrs. MURRAY. Will the Senator the roots of today’s debate. Through terns. These are among the most seri- from Vermont yield 10 minutes? all of this, however, the facts have been ous threats in the 21st century. We I thank the Senator. clear, that UNFPA has been part of the must be able to use the achievements The PRESIDING OFFICER. Without solution in China by helping to reduce of the 20th century; namely, family objection, the Senator from Wash- the incidence of abortion in that coun- planning, to counter them. With the ington has 10 minutes. try and others by providing high-qual- UNFPA in the lead, contraceptive use Mrs. MURRAY. I thank the Chair. ity voluntary family planning services. worldwide has quintupled in the past 20 Mr. President, I rise in support of the UNFPA’s goal is to eliminate the need years while the average family size has committee position on funding for for abortions. They do so by providing been halved. Yet, according to the international family planning pro- maternal and child health care and vol- World Health Organization, approxi- grams and against the Helms amend- untary family planning services. These mately 350 million couples still com- ment to cut and restrict family plan- are the kinds of programs that are un- pletely lack access to family planning ning aid. questionably the most effective means services and information. The Helms amendment before us of preventing abortion. And the major- today is a wolf in sheep’s clothing. It Mr. President, population will be the ity of UNFPA’s assistance goes toward pretends to be antiabortion but in fact key to whether improved economic projects in these areas. Ironically, by it is antifamily planning and does not policies succeed; whether we will coex- denying support to this most effective effect the question of abortion funding ist with our environment or deplete it; international family planning agency, at all. and whether political crises become the Helms amendment might well have In addition, the Helms amendment large-scale humanitarian disasters or the unintended effect of increasing the pretends to address the horrendous not. incidence of abortion in China. problem of forced abortions in the Peo- There are fortunately, Mr. President, As has been pointed out by others ple’s Republic of China, ostensibly try- during this debate, the committee bill many success stories to illustrate this ing to solve that terrible problem by point. before us continues the longstanding denying United States support for the policy of banning the use of U.S. funds The so-called Asian Tiger econo- U.N. Population Fund. for abortions overseas. That ban, com- mies—Indonesia, Malaysia, and Thai- Mr. President, the debate sur- monly known as the Helms amend- land—have been very successful in fam- rounding UNFPA began over a decade ment, has been part of the permanent ily planning programs, and they have ago during the Reagan administration. foreign aid statutes since 1973 and re- been put together with assistance from Foes of UNFPA claimed then, as they mains unchanged in the committee’s UNFPA. do today, that the United States bill. I have also visited, Mr. President, a should withdraw support for UNFPA In addition, the bill prohibits the use family planning clinic in Tunisia which because of the fund’s presence in China of U.S. funds for abortion lobbying. has one of the most successful pro- where there have been persistent re- So the real question facing the Sen- grams in the world. It is also a country ports of government sanctioned forced ate today is this: The committee bill is which is fast modernizing and devel- abortions. already stringently antiabortion, but oping a strong middle class. In my There is no question that the Chinese by disqualifying one of the most tried view, there is no coincidence that the do many things that I abhor. Forcing and true family planning organizations economies of these countries are doing women to have abortions or forcing in- from receiving U.S. support, do we so well. There is no coincidence that dividuals to undergo sterilization is a really want to make this bill the role of women in these societies is gross violation of human rights and antifamily planning as well? improving. Like human rights, global should be condemned by our Govern- Let me take a minute to review for population concerns are U.S. national ment at the highest levels. my colleagues the important work that concerns. Likewise, the killing of female in- is being done by UNFPA and why U.S. Let me say again, while I share the fants in China is widespread in the support for this agency is so impor- outrage of the Senator from North country and appears to often go tant. The United States played a key Carolina about China’s abortion policy, unpunished by Chinese officials. But it role in establishing the UNFPA in the I believe that it makes no sense to sac- would be illogical—and counter- late 1960’s, seeking to form an organi- rifice UNFPA for China’s abortion pol- productive—for the United States to zation where we could work with other icy in which that organization plays no pull out of those international agencies nations to address the problem of over- role. If we can focus on what the real that give aid to children in China be- population. Since that time, UNFPA issue is here, I think my colleagues cause of the horrific practice of female has become a respected and trusted will be persuaded that a U.S. contribu- infanticide that plagues that nation. source of safe and effective family tion to the UNFPA is clearly in our na- So why should we ask this organiza- planning services for women and fami- tional interest and does not contradict tion to carry the sins of China on its lies in poor and developing nations. our national values. shoulders when it comes to the ques- With programs in over 140 countries, Mr. President, this amendment really tion of family planning? The facts have UNFPA is the world’s largest vol- spawns a false debate, and I urge the never supported this approach. When untary family planning program. The Senate to follow both the Foreign Re- the question of UNFPA funding was guiding philosophy behind UNFPA’s lations Committee and also the Appro- first debated during the Reagan admin- work in the developing world is to in- priations Committee and to defeat it. istration, officials under President vest in women. UNFPA recognizes that

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14040 CONGRESSIONAL RECORD — SENATE September 21, 1995 by investing in women, we strengthen and endangering their own lives and to make sure everybody understands. entire communities as well as national that of their babies and young chil- No funds in this bill can be used for economies. In addition to family plan- dren. Let us keep this debate squarely abortion. It is not just the case that ning services, UNFPA provides life-sav- focused on thousands of women in poor there is not any money in there for ing maternal health care programs. nations who, lacking access to repro- abortion; there is an explicit prohibi- While childbirth anywhere carries ductive health care, resort to self-in- tion against money being used for certain risks, in the developing world duced abortions and too often trag- abortion. So, basically, we are putting mothers face grave statistics. In Afri- ically lose their lives. Experts estimate up a straw person to knock down here. ca, for example, 1 out of every 21 at least 500,000 women will die from And then the question is, what might women will die as a result of pregnancy pregnancy-related causes, roughly happen in China? No funds in this bill or childbirth, making the African 200,000 from illegal abortions which are can be used in China. None, nada, women 200 times more likely to die as prevented when women have family neant, rien. a result of bearing her children than a planning services. So what is the problem? The whole European woman. The issue of refunding the UNFPA point of the program in this bill is to The kinds of programs provided by came before Congress again and again promote contraceptive and other alter- UNFPA can prevent many of these ma- when Presidents Bush and Reagan were natives to abortion—alternatives to ternal deaths. So when we support in office. Congress repeatedly voted for abortion. We are trying to have alter- UNFPA, we are supporting those the United States to resume funding. natives to abortion. We say none of the women and families across the devel- So let us move on to the task of ensur- money can be used for abortion and oping world who seek the means to ing that women in the developing none of the money can be used in China space their births and avoid high-risk world have access to the kinds of repro- where they have forced abortions, and, pregnancies. ductive health services they deserve, instead, the money can be used for al- Equally important, when we support the kinds of services that will save ternatives to abortion. We all ought to UNFPA we are increasing the chances their lives and the lives of their chil- jump on board with that one. Every that child survival rates will rise dren. dollar is for voluntary family planning. across the developing world. We know In closing, Mr. President, I urge my So, if you support this amendment, that babies born in quick succession to colleagues to remember that this is a you are opposing voluntary family a mother whose body is not yet recov- public health issue and an extremely planning. If you support the amend- ered from her previous birth are the serious one. We should reject the ment on the floor right now, you are least likely to survive. Helms amendment and vote in support against voluntary family planning. UNFPA programs seek to support of women and children across our Provisions relating to the U.N. popu- child survival efforts and help women globe. I thank you and I yield the floor. lation fund would enable us to con- understand the vital link between child The PRESIDING OFFICER (Mr. tribute to this organization, which is survival and family planning. ABRAHAM). Who yields time? the largest international family plan- For the record, let me outline Mr. LEAHY. Mr. President, how ning agency in the world. UNFPA’s position on abortion. UNFPA much time is remaining for those in UNFPA does not fund abortions. It does not and never has supported abor- opposition to the amendment? funds contraceptives and information, tions or abortion-related services in The PRESIDING OFFICER. You have education about family planning in 140 any country it operates in. According 32 minutes 30 seconds. countries. It is absolutely vital that to the UNFPA’s governing council, it is Mr. LEAHY. Mr. President, I yield the United States play a leading role in ‘‘the policy of the UNFPA not to pro- myself such time as I may require. this agency, especially when the deci- vide assistance for abortion, abortion Mr. President, I strongly oppose this sions we make today will determine if services, or abortion-related equipment amendment. What it does is it reverses the world’s population doubles or tri- and supplies as a method of family the action taken by the subcommittee ples. planning.’’ in legislation that was then in the full Can you imagine what this bill would So, as I noted in my earlier remarks, bill as reported out of the full com- look like, the overall foreign aid bill the Helms amendment will do nothing mittee. here, if the world population doubled or to prevent abortions in China or else- By a vote of 8–5 the Foreign Oper- tripled? where, but it will prevent vital health ations Subcommittee passed my That is not our population of the services from being delivered to women amendment to strike the kind of re- United States, that is the rest of the and children in the world’s poorest na- strictions imposed by the House and world, most of it in the area where we tions. proposed in this amendment that were have the gravest concerns in this bill. I urge my colleagues to remember in the bill that came before the For- The bill does not earmark funding for what is really at stake here. This is a eign Operations Subcommittee. I UNFPA, but it would permit up to $35 public health issue and an extremely moved to strike the House language, million for UNFPA, which even in the serious one. Family planning saves taking the same position as the distin- unlikely possibility that that amount lives. Experts estimate that the lives of guished Senator from Washington, and is available, is still $15 million below 5.6 million children and 200,000 women before her, the distinguished Senator last year’s level, and it contains all the could be saved every year if all the from Wisconsin. The Foreign Oper- restrictions on our contributions. women who wanted to limit their fami- ations Subcommittee approved of my There is an explicit prohibition against lies had access to family planning. I amendment. And that is the condition using U.S. funds in China, despite the ask my colleagues to really think we are in now. fact UNFPA’s program in China pro- about those statistics; 5.6 million chil- When you look at what we have done, motes voluntary family planning and dren and 200,000 women every year. the bill simply continues current law human rights. So when we debate this issue of and practice. We are not asking for Let us not go backward in this bill, whether to support voluntary family anything radically different. This is not when so many governments are fi- planning programs like UNFPA, let us what we have always done. At a time nally seeking help in limiting the keep this debate focused squarely when support for voluntary family growth of their own population growth. where it belongs—on the world’s young planning programs and women’s repro- Many of these countries are already women who struggle against impossible ductive health is growing around the impoverished, and the poverty in- odds to better their lives and who des- world, it would be foolhardy for the creases because the population grows. perately need reproductive health care United States to once again, as we did We have the technology, the expertise, services. Let us keep this debate in the early 1980’s, surrender our lead- and we ought to help. squarely focused on young mothers ership in this area. This amendment would require around the world who have small chil- This bill has the same prohibition on UNFPA to withdraw from China. That dren or babies and need family plan- funding for abortion that we have had is not a decision UNFPA can do, nor ning assistance to ensure that they do for years. Now, I have listened to some can we pass a law to require it to do. It not become pregnant again too quickly speaking around this Chamber. I want is a decision of its governing board. It

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14041 is made up of donor governments and a for grass-roots family planning workers in pertise, and the personnel to be the large majority support UNFPA’s pro- several provinces. The second resulted in a most effective program for providing gram in China. By attaching a require- Chinese ban on steel ring IUD’s in favor of family planning services around the ment that UNFPA cannot meet, we cut copper based IUD’s which in ten years will world. It specializes—it does nothing prevent 35.6 million abortions. It would also but provide family planning and mater- off funding in 139 other countries. prevent 16,300 maternal deaths; 365,000 poten- There is no money for abortion, no tial infant and 28,000 potential child deaths. nal and child health. And it is in 140 money for China. There is no reason to For 31⁄2 years I served as UNFPA’s Country countries—whereas U.S. bilateral pro- vote for this amendment, unless some- Director in China. I know first hand what we grams are only in 56 countries. At a how you are against voluntary family did and said in China and I can tell you that time when foreign aid is being cut to planning altogether. If you have that the way we are frequently portrayed, such as the bone—UNFPA makes the most use attitude, then I guess there is nothing in the statement in question, is absolutely of scarce U.S. foreign aid dollars. I can say. and unequivocally untrue. We should be clear about what is in UNFPA has always represented inter- the bill—and what isn’t. There is no I ask unanimous consent that a let- national norms and human rights standards ter from Stirling Scruggs, the chief of as articulated in several U.N. documents in- money for abortions or abortion lob- information at UNFPA, be printed in cluding the Universal Declaration of Human bying. Federal funds cannot be used to the RECORD. Rights, the World Population Plan of Action fund abortions—this bill retains this There being no objection, the letter and the Programme of Action of the Inter- prohibition. That is why opponents of was ordered to be printed in the national Conference on Population and De- this amendment include Senators who RECORD, as follows: velopment. For example, Chapter VII, para. strongly oppose abortion—because they 12 of the Programme of Action which states UNITED NATIONS POPULATION FUND, know that effective family planning ‘‘. . . the principle of informed free choice is July 26, 1995. actually reduces abortions. essential to the long-term success of family- Senator PATRICK LEAHY, There is no money for China in this planning programmes; that any form of coer- Senate Russell Building, bill. We all agree that coerced abor- cion has no part of play, that governmental Washington, DC. goals or family planning should be defined in tions and sterilization are despicable. DEAR SENATOR LEAHY: It has just come to terms of unmet needs for information and That is why no United States funds my attention that on June 28, 1995 during a services; and that demographic goals, while may be spent in China now. The bill re- debate on the House floor, Representative legitimately the subject of government de- tains this policy. United States con- Chris Smith quoted Dr. Sadik, Executive Di- velopment strategies, should not be imposed rector of UNFPA, ‘‘China has every reason to tributions to UNFPA are segregated on family-planning providers in the form of feel proud of and pleased with its remarkable from other UNFPA funds; none of the targets or quotas for the recruitment of cli- achievements made in its family planning United States funds may be used for ents’’. policy and control of its population growth China; and the United States contribu- In particular, Dr. Sadik has been a cham- over the past 10 years. Now the country pion of human rights, women’s equality and tion would be fully refunded if any could offer its experiences and special ex- reproductive rights. In the 14 years I have United States funds were used for perts to help other countries.’’ Senator Jesse known her, I have never heard her use the China or for abortions. These provi- Helms used the same quote in the Senate phrase ‘‘population control.’’ sions ensure that not one cent of Foreign Relations Committee Report accom- We deeply appreciate your past and con- United States funds can be used in panying S–961. tinuing support and hope you can help set I believe this quote comes from China China. the record straight regarding the quote used Daily, an English language newspaper pub- What is in the bill? We simply main- by Representative SMITH and Senator HELMS. lished in Beijing. I was with Dr. Sadik when tain current law. We continue to pro- Sincerely, she was interviewed for this article in 1991. vide modest funding for UNFPA. With- STIRLING D. SCRUGGS, This article was a terrible distortion of what out U.S. funds—there is no U.S. influ- Chief, Information and she actually said. Dr. Sadik did say that External Relations Division. ence. We would have no say on how and China should be proud of its record of im- where international family planning Mr. LEAHY. Mr. President, I yield proving women’s and children’s health since services are delivered. 1949. She commended China’s continuing ef- the floor. In this bill we seek to maintain our forts to improve maternal and child health The PRESIDING OFFICER. Who modest role in providing family plan- by discussing a joint UNFPA and UNICEF yields time? ning to the world’s poorest women. I project in 300 poor counties in China that es- Mr. LEAHY. Mr. President, how pecially focuses on improving children’s wish we could do more to ensure that much time do I have remaining? all women have access to family plan- health through training and supplies for The PRESIDING OFFICER. Twenty- treatment of acute respiratory infection and ning. But the bill passed by the com- six minutes. diarrhea, promotion of prenatal care and nu- mittee ensures that we continue to do trition, breast-feeding, assisted deliveries Who yields time? something to help the world’s poorest Ms. MIKULSKI. Mr. President, I rise and family planning that assured several women to control and improve their in opposition to the Helms amendment contraceptive choices and informed consent. lives. I strongly urge my colleagues to She went on to say that this project was a to end U.S. participation in the United oppose the Helms amendment. model that could be replicated in other coun- Nations Population Fund, UNFPA. It Mrs. BOXER. Mr. President, I rise tries. will have a disastrous effect on wom- I have no idea why Dr. Sadik was mis- today in opposition to the Helms en’s health. It would weaken the most amendment, which would defund the quoted. I tried unsuccessfully at the time to effective organization we have for de- secure a retraction from China Daily. I re- United Nations Population Fund member during her visit being very proud of livering family planning services to the [UNFPA]. Dr. Sadik’s tenacity and courage and my dis- world’s poorest women. And it ignores UNFPA is the largest internationally appointment with the China Daily article the fact the United States funds are funded source of population assistance, which was not only wrong, but contradictory not used for abortions and are not used directly managing one-third of the of her real position. in China. world’s population assistance to devel- In fact, during this trip, Dr. Sadik at- Over 100 million women throughout oping countries. The United States was tended a series of meetings that included: the world cannot obtain or are not instrumental in creating the UNFPA in the Ministers of Family Planning and using family planning because they are Health, the Head of the People’s Congress 1969 and until 1985 provided nearly 30 and several of his colleagues and the General poor, uneducated, or lack access to percent of its funding. Secretary of the Communist Party of China. care; 20 million of these women will The UNFPA is the principal multilat- During these meetings she was very critical seek unsafe abortions. Some will die, eral organization providing worldwide of new laws in several provinces requiring some will be disabled. Only 25 to 35 per- family planning and population assist- sterilization of the mentally retarded. She cent of women in Africa and Asia re- ance. Operating in over 140 countries, also successfully negotiated projects de- ceive prenatal care. Many of these in the poorest and most remote regions signed to increase training for informed con- women are very young—still children of he world, nearly half of the UNFPA sent and voluntary participation in family themselves. When children have chil- planning, and research that would examine assistance is used for family planning the safety and efficacy of the Chinese steel dren, they often lose their chance of services and maternal and child health ring IUD. The first project, currently on- schooling, a good job, self-sufficiency. care. Another 18 percent is allocated going, provides interpersonal counseling Why is the UNFPA so important? Be- for related population information, training and promotes contraceptive choice cause it has the infrastructure, the ex- education, and communication.

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14042 CONGRESSIONAL RECORD — SENATE September 21, 1995 The fund also provides support for worked to develop strategies to tion to the Bingaman amendment population data collection and anal- strengthen the technology and manu- occur immediately at the end of the ysis, demographic and socio-economic facturing bases in this country and to currently scheduled vote at 6:30, and research, and population policy formu- secure higher-wage jobs for Americans. that the duration of time on that vote lation and evaluation. I have focused on these issues be- to immediately follow the Helms In 1993 UNFPA supported 1,560 cause of my concern for the long-term amendment be 10 minutes. projects in 141 countries, including 44 economic viability of our Nation. I be- The PRESIDING OFFICER. Is there countries in sub-saharan Africa, 33 lieve that to secure our economic fu- objection? Without objection, it is so countries in Latin America and the ture, the United States must be fully ordered. Carribean, 39 countries in Asia and the equipped to compete long-term with Mr. LEAHY. Mr. President, the dis- Pacific, and 25 countries in the Arab Japan and other highly developed tinguished Senator from Maine is on States and Europe. countries. the floor and wishes to speak. I ask her UNFPA programs contribute to im- But at the same time, I believe we how much time she would like. proving the quality and safety of con- cannot have a successful economic Ms. SNOWE. About 8 minutes. traceptives, to reducing the incidence strategy in this country if we do not Mr. LEAHY. I yield 8 minutes to the of abortion and to improving reproduc- devote serious attention to the econo- distinguished Senator from Maine. tive health and strengthening the sta- mies of the developing world. The PRESIDING OFFICER. The Sen- tus of women. These programs have Over the past 10 years or so, growth ator from Maine. saved the lives of countless women and in U.S. exports to the developing world Ms. SNOWE. Mr. President, I want to children. has exploded; and today, developing thank the Senator from Vermont for UNFPA also helps to promote male countries account for about 40 percent yielding me time. I certainly want to participation and responsibility in of a growing U.S. export market. express my position on this issue with family planning programs, address ado- In fact, trade with the developing respect to international family plan- lescent reproductive health, and reach world is growing at a rate that far ex- ning and the amendment that was of- isolated rural areas with high demands ceeds the growth rate of U.S. exports fered by Senator HELMS, because I for family planning services. to developed countries: think that this is a very important The Helms amendment is really just Between 1990 and 1993, U.S. exports to issue. a back door assault on family planning developed countries grew by 6.2 per- I certainly oppose the restrictions and that is a big mistake. Experts now cent. that would be placed by the Helms recognize that population is an explo- In 1993 alone, U.S. exports to devel- amendment with respect to funding for sive problem and the committee has re- oping countries grew more than 14 per- UNFPA, which has been a very effec- sponsibility recommended steps to deal cent. Over the period between 1990–93, tive organization in providing for fam- with it. exports to developing countries rose ily planning services throughout the This is not about China. Existing law nearly 50 percent—49.8 percent. developing world. specifically states that none of the In terms of dollars, Latin America is I think it is important to understand, funds made available to the UNFPA a good example. In Latin America, first off, that the current law already shall be made available for activities in United States exports rose by nearly contains strong conditions on U.S. con- the People’s Republic of China. I $30 billion between 1989 and 1993—from tributions to UNFPA. For more than a strongly support this prohibition and $44 billion to $71 billion—representing a decade, no United States funds pro- oppose any coercive population prac- 61-percent gain. vided to UNFPA have been spent in tices around the world. I believe a significant factor in this China. In addition, it requires half of I urge my colleagues to recognize the growth has been the modest U.S. com- the United States contribution to importance of family planning and op- mitment to development and popu- UNFPA to be spent after March 1 so pose the Helms amendment. lation assistance in the developing that Congress can review the amount Mr. BINGAMAN. Mr. President, I rise countries. Thailand, Costa Rica, Mex- that UNFPA has budgeted for activi- to speak in opposition to the amend- ico are examples of countries in which ties in China as reported to Congress in ment offered by my colleague from a small United States investment in mid-February. North Carolina. population and development assistance This is important because it provides I would like to take a few moments has repaid itself many times over in in- us with the opportunity to ensure that to talk about the United Nation’s pop- creased trade opportunities. UNFPA has not taken any action to in- ulation program more generally, be- It is in our economic interest to con- crease the amount of money it spends cause quite clearly, the underlying in- tinue support for UNFPA. The con- in its programs in China so there is no tent of the amendment is to eliminate cerns raised by the Senator from North direct correlation between the United U.S. funding for all of UNFPA’s popu- Carolina are addressed under current States contribution to UNFPA and the lation stabilization efforts. law and in the bill before the Senate amount that it provides to China. Mr. President, I believe direct, sub- today. It also will ensure, for those who stantial, and long-term benefits flow to I urge my colleagues to reject this have been critics of our contributions American families from our national amendment. to UNFPA, that our funds are not fun- investment in sustainable development Mr. LEAHY. Mr. President, I suggest gible and that United States funds are and population efforts. the absence of a quorum and ask unani- used in China even indirectly. I think Today, as we approach the 21st cen- mous consent that the time run equal- it is important to note that our con- tury, we are facing a world that will be ly. tributions to UNFPA cannot be com- more economically competitive and The PRESIDING OFFICER. Is there mingled with UNFPA’s funds at all. more challenging than ever before. objection? Without objection, it is so They are maintained in separate ac- This is not the time to be weakening ordered. The clerk will call the roll. counts and cannot be spent on our role as the world leader in these The bill clerk proceeded to call the UNFPA’s activities in China. I think areas. roll. that is important, because we want to Instead, I believe it is in the best in- Mr. MCCONNELL. Mr. President, I make sure that our funds are in no way terest of America’s children and fami- ask unanimous consent that the order linked, No. 1, but second, to ensure we lies for the Congress to reaffirm and so- for the quorum call be rescinded. are not doing anything directly or indi- lidify our commitment in to popu- The PRESIDING OFFICER. Without rectly to enhance their program activi- lation stabilization, reproductive objection, it is so ordered. ties in China. choice, and other critical health and Mr. MCCONNELL. Mr. President, But I think we should understand sustainable development programs. there is currently laid aside an amend- what the funding of UNFPA is not For the past 12 years or so, I have ment which is in the second degree, I about. First of all, it is not about abor- spent a lot of my time here in the Sen- believe, by the Senator from New Mex- tion. UNFPA has a firm policy against ate focusing on the domestic and inter- ico, Senator BINGAMAN. I ask unani- any involvement in abortion services national high tech industries. I have mous consent that a vote on or in rela- advocacy.

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14043 Second, and I think we all recognize abortion. But no one should be able to tion pressures, improved standards of and are concerned about China’s con- disagree on the issue of family plan- living, and improved social and polit- troversial population program, human ning. That is why we should be sup- ical stability. rights abuses in China have continued porting such organizations, because the So I think that the benefits are clear despite, not because of, UNFPA’s small more they can do in providing family of international family planning pro- presence in China. It is unfortunate planning services to these countries, grams, and that is why we should not this has occurred not only at the cen- the more we will reduce not only the impede the ability of organizations, tral level of Government in China but incidence of death, but of abortion as like UNFPA, that have done so much also that the abuses and the policies well. to enhance family planning services in have been promoted by the independ- So I hope that Members of the Senate the developing world. ence of the provincial governments as will oppose the Helms amendment. We well in China. all know that rapid population growth In the 28 countries with the largest So many of the worst abuses appear is becoming a very critical problem. If U.S.-funded family planning program, to be happening at the provincial level. you consider the fact that the world the average number of children born But I think it is essential to under- population is going to grow by 90 mil- per family has dropped from 6 in the score the fact that UNFPA’s presence lion people this year alone, this is like 1960’s to 4 today, a decline of one-third. in China is to do everything that it can adding a new country the size of Nige- Since the 1960’s, births for women in to prevent those abuses from occur- ria to the world every year, or a city developing countries have dropped 37 ring. the size of New York City every month. percent, child mortality by 50 percent, UNFPA has had a very successful Based on various assumptions about and primary school enrollment is up by voluntary program with respect to fertility rates, the U.N. population pro- 38 percent. None of this would have family planning throughout the devel- jections for the middle of the next cen- been accomplished without U.S. leader- oping world. It has had a presence in tury range between 8 and 12 billion peo- ship in international family planning. more than 140 countries, and nearly ple. To forestall the still-looming world half of UNFPA’s support is in the area This rapid population growth has se- population crisis, we need to strength- of maternal and child health care and rious implications for global economic, en and continue our leadership and not family planning. and social stability. Ground water sup- pull away from our leadership. There are other areas, including edu- plies are dwindling; rivers and lakes So I hope that we will defeat the cation, population data collection and are fouled with pollutants from indus- Helms amendment because I think we analysis and research on demographic tries, municipalities, and agriculture. have to do everything that we can to and socioeconomic relationships. I Tropical forests are being cleared at support these services. I want to re- would like to reemphasize, because it the rate of 17 million hectares a year. peat, once again, that UNFPA is not is important, that UNFPA does not Rapid population growth, especially involved in any of the abuses or coer- provide support, nor has it ever pro- when overlaid with sharp social or eco- cive programs that have been advanced vided a policy of support for abortions nomic divisions, places great strains on by the Government of China, or the or abortion-related activities anywhere political institutions. So to the extent provincial government within China. In in the world. that population pressures contribute to fact, they have done everything to dis- UNFPA was established back in 1969, weakening economic and political courage it. It is more important that interestingly enough, with strong en- structures, the adversely affect inter- they have a presence there. But the couragement from the United States. national stability and peace. This di- fact is that they will, at the end of It happens to be the largest multilat- rectly affects our own national secu- their 5 years, be reexamining their pro- eral provider of population and family rity interests around the world. gram. They are doing everything they planning assistance to the developing Let us consider for a moment the can to reduce the abuses that are oc- countries. Approximately one-third of benefits of population assistance, be- curring in China. We should do every- all population assistance to developing cause they are substantial. A cost-ben- thing that we can to assist them in the countries go through UNFPA. efit analysis of Thailand’s family plan- process. We have limited our contribu- So it has a presence in a number of ning program, which reduced the aver- tions to UNFPA in the past. We know countries where it plays a very critical age number of children per woman that our funds are not being used for role. Consider the facts. According to from 6 in the late 1960’s to 2.1 in 1991, UNFPA’s program in China. Our appro- the World Health Organization, of the found that the average return on each priation process already places restric- 500,000 women who die each year of dollar invested was estimated to be tions so that our funds are not comin- pregnancy-related causes, 99 percent more than $7. gled in any way with UNFPA’s pro- are in the developing world. So we The PRESIDING OFFICER. The time gram in China. should be doing everything as a coun- of the Senator has expired. So we have already in place the nec- try to support the activities of organi- Ms. SNOWE. I ask for 5 additional essary procedures and restrictions to zations like UNFPA and what they are minutes. ensure that our money is not being doing in many of these Third World Mr. LEAHY. How much time re- used in any way, directly or indirectly, countries. We should be for family mains? planning programs. We should not be The PRESIDING OFFICER. There in China. So I urge my colleagues to doing everything to undermine the are 16 minutes 40 seconds remaining. support the committee position and op- value of family planning programs in Mr. LEAHY. I know the Senator from pose this amendment, so that we can these countries. Wyoming needs some time. How much continue to permit our U.S. leadership As a matter of fact, the United will he need? in the effort to stabilize the world’s States was the leader, the forerunner Mr. SIMPSON. Six minutes. population through voluntary family in support of these family planning Mr. LEAHY. I yield the Senator from planning services. We can only do this programs internationally. We did ev- Maine an additional 5 minutes. by supporting the efforts of UNFPA erything to encourage, as I said, orga- Ms. SNOWE. A similar study in Mex- and the private organizations that nizations like UNFPA and IPBF to do ico concluded for every peso invested have had a proven record of effective- everything that they can to support in family planning, 9 pesos are saved ness and efficiency. We must maintain strong programs in the developing that would have to be spent on mater- our international leadership, not just world regarding family planning pro- nal and child health care. In Indonesia, to assist the poor countries of the grams. each dollar spent on family planning world that need our assistance, but, So I think that it is unfortunate will result in $12.5 of savings in public first and foremost, we need to continue that, as we discuss our contributions to expenditures for health and education. our leadership in international family such valuable organizations, we are This does not even take into account planning programs for our own Nation now getting it interspersed and inter- the benefits that accrue to every single and our own future. twined with the abortion debate. We all person on this planet from reduced en- With that, Mr. President, I yield the have our disagreements on the issue of vironmental trauma, reduced immigra- remainder of my time.

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14044 CONGRESSIONAL RECORD — SENATE September 21, 1995 Mr. LEAHY. Mr. President, I see the Where do we think we are going if Mr. McCONNELL. I believe under the distinguished senior Senator from Wy- current birth and death rates continue? unanimous consent agreement, time oming on the floor. I yield to him 6 The world’s population will again dou- runs equally charged, is that right? minutes. ble in 40 years. We will not have to I suggest the absence of a quorum, Mr. SIMPSON. Mr. President, I worry about methane gas from cows and I ask that the time be equally thank the Chair. I particularly thank and how much propellant there is in a charged. my friend from Maine, who has been shaving cream can. There will not be The PRESIDING OFFICER. The such a stalwart worker in this area. anything left of the Earth. It will be clerk will call the roll. Senator SNOWE has proven time and totally overpopulated. The assistant legislative clerk pro- time again, on these issues and other Then what happens to the babies, the ceeded to call the roll. issues of reproductive choice, that this old, and the people we all talk about Mr. JEFFORDS. Mr. President, I ask issue is not about abortion. It is sad, all day who have not enough to sustain unanimous consent that the order for actually, that somehow this issue of them. Civilizations have gone down in the quorum call be rescinded. funding the U.N. Population Fund set- that fashion in years past. The PRESIDING OFFICER. Without tles back on the issue of abortion. That Here we are again, this same issue. I objection, it is so ordered. Who yields is not so. think we should show our support here. time? I support this U.S. funding. I com- The fund is supported entirely by vol- Mr. MCCONNELL. Mr. President, I mend my colleague from Maine and untary contributions, not by the U.N.’s am told that Senator LEAHY is control- thank her for her consistency and the regular budget. There are donors ready ling the time on the other side and is energy that she puts into this program to assist, budget has been cut back, more than happy to yield at least 3 and all programs of this nature. It is and it would be a real shame if the minutes to the Senator from Vermont. wonderful to have an ally like that be- United States were to back away from Mr. JEFFORDS. Mr. President, there cause it has sometimes been a rather its commitment to the world’s largest are few issues that bear more directly lonely venture over here on these par- source of multilateral assistance for on the future of the globe, and on our ticular issues. But you have to, in this population program. own health and way of living, than pop- situation, give President Clinton some This is subject to all the restrictions ulation growth. If the world’s popu- credit, because during the Reagan-Bush in the past, as Senator Snowe has said. lation continues to grow at the current administrations, these programs fell These restrictions are already in place rate, our prosperity and the potential into disarray on the issue of abortion, to address concerns about U.S. funds for prosperity in much of the devel- which is very unfortunate. being spent in China. Under current ap- oping world are at grave risk. And if we This year, we are looking at funding propriations law, foreign aid funding is are slow in stepping up to the chal- levels of $35 million. I do understand denied to any organization or program lenge of controlling population growth, where we are, obviously, with the budg- that supports or participates in the then it just might be too late. et. I just left a room where we will talk management of a program of coerced Experience has proven that it does about how we are going to get $270 bil- abortion or involuntary sterilization in not take a lot of money to have a large lion in savings in Medicare and some any country. That is in the law. $180 billion in Medicaid. We all know Furthermore, current appropriation effect upon population growth. How- what is confronting us. But I do not law assures that none of the United ever, it does take efficient program- like to see these programs unfairly tar- States contribution to this program ming, consistency, and a commitment geted. It sends a wrong message to the may be used in China. The United for the long term. The U.S. Agency for rest of the world. I was a congressional States is not funding any of the popu- International Development runs the delegate at a conference in Cairo with lation activities of China. The U.N. premier bilateral family planning pro- Senator JOHN KERRY. There were not a Population Fund does not fund abor- gram, and UNFPA runs the largest and great deal of our colleagues seeking tions or support coercive activities. most effective multilateral program. passage to Egypt at that time. UNFPA funds go toward family plan- I am troubled by certain aspects of I have always very much admired ning services and maternal and child this debate. For many years we have President Mubarak and the Govern- health care across the developing hashed over the issue of what kind of ment of Egypt. They gave us a remark- world. conditions we should place on organiza- able convention and convocation, and I No U.S. funds may be commingled tions that receive U.S. population as- was impressed with the leadership of with any other of these U.N. funds, and sistance. A majority of this body re- the Vice President in that effort as numerous penalties exist in the law for peatedly spoke up in opposition to im- that consensus document was formed any violation of the requirement. posing stricter conditions upon family concerning maternal and child health For those reasons, I strongly oppose planning activities overseas than we care, strengthening family planning the pending amendment introduced by impose on U.S. organizations receiving programs, promotion of educational op- the Senator from North Carolina to re- family planning funding at home. This portunities for girls and women, im- quire the United States to stop funding policy seemed to be clearly in our best proving the status of rights of women this program unless the fund with- interest and was certainly the most ef- across the world, discussion of all draws from China. fective way of supporting the best issues, including contraception, fer- I have serious concerns about China, international family planning pro- tility, and many other serious things. its abortion policy, its coercion in that grams. We thought that debate had Of all of the challenges that face the area, but forcing the U.N. population been settled. Yet here we are again. country—and, boy, there are plenty of fund to withdraw from China will not Mr. President, I do not think a lot them all around the world—none com- affect that policy. In fact, without the has changed in the rest of the world pares to the increasing of the popu- careful monitoring that the fund per- since we last revisited this issue. Our lation of the Earth. Every single effort forms, conditions in China will just family planning assistance is still ur- we use or try to do here to protect the simply get much worse. gently needed. UNFPA is still the pre- environment, promote economic devel- The world and the United States can- mier international family planning or- opment, jobs, everything is com- not turn its back on what is currently ganization. And it is still in our best promised and severely injured by the going on in China. We certainly cannot interest to cooperate with those groups staggering growth in the world’s popu- turn our back on the necessity of these which are doing the best work. Impos- lation. funds for the rest of the world, for the ing stringent conditions upon our as- I hope we realize that there are cur- sake of humanity. sistance will merely undercut our own rently 5.7 billion people on the Earth, I thank the Chair. long-term goal—which is to prevent and in 1950, when I was a freshman at Mr. LEAHY. How much time is re- unchecked growth of the world’s popu- the University of Wyoming, not that maining? lation from robbing all of us of the op- long ago, there were 2.5 billion people The PRESIDING OFFICER. On your portunity to give our children a better on the face of the Earth. Mr. President, side 6 minutes 20 seconds, and the future. 2.5 billion in 1950; 5.7 billion today. other side has 49 minutes. I yield the floor.

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14045 The PRESIDING OFFICER. Who that designate a total of $23.7 million gram in Byelarus by the U.S. Customs yields time? The Senator from Ken- which is taken from the Department of for enforcing limits on contraband tucky. State’s budget for international nar- which help our own customs here at Mr. McCONNELL. Is the Senator cotics control and anticrime assist- home make cases involving smuggling from Kentucky correct that the time ance, and it is transferred to the Fed- out of Byelarus. will be charged equally to both sides if eral Bureau of Investigation. And in We would lose the funding for the there is an absence of a quorum sug- one case, a small amount of money Newly Independent States by the IRS gested? transfers to the Secret Service. which is specifically trying to fight the The PRESIDING OFFICER. That will In my judgment—and particularly in multibillion-dollar problem of money require unanimous consent. the judgment, more importantly, of laundering. There would be no more Mr. McCONNELL. Mr. President, I both the Justice Department and the cases made as a result of the relation- ask unanimous consent that during the State Department—this earmark has a ship which we would lose from that quorum call time be equally charged to number of problems. First, it appears money. both sides, and I suggest the absence of to be a very significant back-door fund- We would lose the training by the Se- a quorum. ing of the FBI going around the normal cret Service in computer crime inves- The PRESIDING OFFICER. Without appropriations process of the Senate in tigations in the former Soviet Union, objection, it is so ordered. order to obtain from the foreign oper- and there would be no further crime The clerk will call the roll. ations bill what it could not obtain computer tips to the Secret Service or The assistant legislative clerk pro- from its own appropriations bill. its counterparts in Russia or the ceeded to call the roll. It is my understanding that Senator Ukraine because the Secret Service Mr. McCONNELL. Mr. President, I HOLLINGS advised the FBI very directly would be taken out of that linkage al- ask unanimous consent that the order that he wanted the FBI, and the com- together. for the quorum call be rescinded. mittee wanted the FBI, to concentrate In addition, there would be no fur- The PRESIDING OFFICER. Without first on its efforts of crime fighting ther training in Russia in postblast in- objection, it is so ordered. here at home in the United States, and vestigation of the kind that was needed Mr. McCONNELL. Mr. President, and that, while foreign crime fighting is to figure out who shot the embassy the Members of the Senate, the situation is important, he did not think they ought other day. Maybe the FBI can do this this: Senator KERRY is now on the floor to place their principal thrust on oper- on its own. But the fact is that if they prepared to offer an amendment. It will ations so far away from home. cannot, you will have cut off the assist- be our intention to debate the Kerry So when the FBI asked for money ance of those other agencies that cur- amendment between now and the first and in its own budget placed agents rently exist. vote at 6:30 and then stack the vote on abroad, the subcommittee looked at We would lose the training program the Kerry amendment. All Senators those requests and decided not to give of people in the former Soviet Union or should be aware that in all likelihood the FBI that money that it wanted. Central Europe that deals with fraudu- there will now be three votes beginning The FBI now has come back through a lent passports, visas, travel documents. at 6:30. different appropriations bill and re- This is not a specialty of the FBI— I see Senator KERRY is here. I am cer- ceived an earmark taken out of the never has been a specialty of the FBI. tain that he will shortly send his State Department’s appropriations. It is a specialty of the State Depart- amendment to the desk. I believe—again more importantly ment diplomatic service and their pro- Mr. KERRY addressed the Chair. the Justice Department and the State The PRESIDING OFFICER. The Sen- grams will be robbed of money because Department believe—that this back- ator from Massachusetts. of this earmark. Mr. KERRY. Thank you, Mr. Presi- door approach creates a lot of difficul- We would lose the antidrug training dent. ties. It is not simply that both the De- by the DEA in Byelarus, Georgia, partments of State and Justice oppose Kazakhstan, Ukraine, Turkmenistan, AMENDMENT NO. 2732 AND AMENDMENT NO. 2733 it, but the FBI’s earmark takes funds and Uzbekistan. Mr. KERRY. Mr. President, I send not just from the State Department it We will lose the training with the two amendments to the desk and ask winds up taking money from every Hungarian police to develop witness for their consideration. other U.S. law enforcement agency en- protection programs that would help The PRESIDING OFFICER. The gaged in fighting crime abroad. It the United States to fight organized clerk will report. The assistant legislative clerk read takes money from the Drug Enforce- crime, and we would shut down the air- as follows: ment Administration. It takes money port interdiction program that we cur- from the U.S. Customs. It takes money rently have in Budapest which is con- The Senator from Massachusetts (Mr. ducted by the DEA. The Baltics would KERRY) proposes amendments numbered 2732 from the Financial Enforcement Cen- and 2733. ter of the Treasury Department, from lose their drug enforcement programs. Mr. KERRY. Mr. President, I ask the Internal Revenue Service, from the We would lose the training in dealing unanimous consent that reading of the Secret Service, and from diplomatic se- with fraudulent travel documents. We amendments be dispensed with. curity. would see a shutdown of our courses The PRESIDING OFFICER. Without The result is that the money that is and training in Central European law objection, it is so ordered. grabbed here by the FBI in this ear- enforcement agencies on how to deal The amendments are as follows: mark outside of its own appropriations with gunrunners and also with the in- bill would shut down operations and formation sharing that we have cur- AMENDMENT NO. 2732 training programs that the United rently set up with our own law enforce- On page 26 of the bill, strike lines 4 through 22. States has placed in a number of dif- ment agencies. ferent countries and which link up all In Poland, we would lose the efforts AMENDMENT NO. 2733 of these law enforcement agencies, to combat economic crime and coun- On page 29 of the bill, strike the word ‘‘Ap- each of which are operating as part of terfeiting, activities that threaten propriations:’’ on line 17 and all that follows a team. United States citizens and particularly it on that page and insert in lieu thereof: What this earmark does is destroys our businesses and our currency. ‘‘Appropriations.’’. the team, eliminates the training pro- We would have to shut down the ad- Mr. KERRY. Mr. President, these two grams, and winds up plunking the vance counterfeit investigations that amendments are in sequence. They money down in the hands of the FBI, our Secret Service is currently engaged amend two different committee amend- when the committee that has jurisdic- in with the Polish Government. And we ments but they go to the same issue. tion over the FBI said we do not want would have to shut down our postblast Obviously, if the first one fails, on a to do that. training in Poland as well as our vote, I will be happy to have a voice Let me tell you some of the programs microcomputer training. vote sequentially on the other. that will be lost by virtue of this ear- In Rumania, we would lose the com- This amendment is an amendment to mark, this very special earmark for the bating of economic fraud and counter- the bill in order to strike earmarks FBI. We would lose the training pro- feiting as well as the postblast training

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14046 CONGRESSIONAL RECORD — SENATE September 21, 1995 taking place there, and we would lose used before and they are best left under FBI has been making to help the Newly the United States capacity currently the control of our Ambassadors, under Independent States begin to deal more developed against the use in Rumania the control of our executive. effectively with their own criminal of fraudulent visas and passports. I might add that neither the Justice problem which is spilling over to our In summary, Mr. President, if the Department nor the Treasury Depart- shores. FBI gets this money earmarked at the ment believe this is a good idea, and I Now, some people say that foreign expense of the State Department that do not believe that it is a wise idea for aid is something they have a hard time currently metes out this money to the Senate to end run Cabinet Secre- understanding. They have a hard time these various activities, we would be taries and other entities and go to a seeing how it has any impact here. shutting out these other agencies, un- subagency and wind up funding it Well, of all the items in this bill, the less the FBI decided out of their good through the back door of a whole dif- one that has the most direct bearing on will to somehow bring them in and par- ferent department’s arena. us here at home is the efforts we are cel it out. You would lose many of Mr. President, I will reserve some making with the Russians and with the these relationships throughout Central time here. I know my colleague wants others in that part of the world to Europe and the Baltics in order simply to say a few words. We can come back begin to get a handle on an extraor- to augment FBI agents’ incapacity. In and revisit it. But I really think that dinarily serious crime problem that is some cases, this earmark would actu- we should stick with the original in- spilling over to our shores. ally provide money to the FBI that tention of the Appropriations Com- The reason these earmarks are nec- they have never even requested. For mittee that has jurisdiction over this essary is because if it is left up to the example, the Bureau has never asked issue. State Department like it was last year, to maintain offices in Kazakhstan, and Mr. MCCONNELL addressed the Mr. President, they will not give this according to the Department of State Chair. program anything or very little, be- EN- there currently is not a lot of work The PRESIDING OFFICER (Mr. B cause they do not care about it. NETT). The Senator from Kentucky. there for the FBI to do even though This is about priorities. And what the they have other specialized efforts that Mr. McCONNELL. My good friend from Massachusetts could not be more underlying bill says is that it is a pri- they want to perform in Kazakhstan. ority for us to help them do a better In addition, Mr. President, because of wrong. The amendment does not take job of dealing with an organized crimi- the structure, the way each of these $23.9 million out of the State Depart- nal effort that not only adversely af- entities work in another country, it is ment; $17.1 million of the funds are fects them, but adversely affects us. So entirely possible that even with this drawn from the NIS account, an ac- the Kerry amendment is completely in- earmarking the FBI would not be able count we substantially increase over appropriate, and I certainly hope that to put the money to use because the the House level. it will not be approved. Ambassador in the country could de- The fact of the matter is, Mr. Presi- cide that the Ambassador does not dent, if we are going to continue this Earlier this week the Russian Am- want those moneys used or those peo- program, which has been extremely ef- bassador was in my office, and we dis- ple positioned, and the Ambassador, as fective, the only way to do it is the cussed a number of issues, including the personal representative of the exec- way that we have done it in the under- this very issue, the devastating impact utive in a foreign country, has the lying bill. The FBI—the letter from Di- that crime was having on Russia’s eco- right to determine what entities will rector Freeh to me of September 18 nomic and political process. And Am- be based in a country. That is why makes the point, ‘‘The FBI does not bassador Vorontsov lamented the fact these efforts are coordinated out of the have funding for these international that corruption and violence over there State Department in the first place. training efforts in our budget. It is has reached epidemic proportion. Last What that means is that if the FBI from the support that you and your Tuesday, the New York Times provided wants to have someone abroad and the colleagues provided last year that we a disturbing analysis of the weaknesses Ambassador does not believe it is a were able to undertake these endeav- of the banking sector over there. good idea for that person to be there, ors. Because the FBI has no separate To quote the New York Times arti- given the underlying political situa- appropriation for this purpose, we must cle: tion, the FBI is not permitted to base rely upon the Department of State for Banking in Russia has developed a reputa- somebody there. grants.’’ That was the situation last tion as a risky business, especially for bank- So here we are taking the money year, Mr. President. ers who are gunned down— away from the people who have the Let me tell you what happened, Mr. Gunned down— right to decide who is going to be there President and Members of the Senate. with horrifying frequency by mobsters in- doing it, and you might in effect wind Last year the Senate provided $30 mil- tent on intimidation and extortion. up not only cutting the money from lion for this purpose. The FBI had the people who are there now that the begged for the money from the State At the end of August, the Washington Ambassadors want to have use it, but Department. The State Department be- Post ran an editorial titled, ‘‘Murder you might give it to somebody who in grudgingly gave them $6 million. Inc. in Moscow.’’ The editorial called effect the Ambassador would decide In other words, the State Depart- attention to an unusual demonstration they did not want to have use it. There ment does not like this project. They outside the secret police headquarters. are all kinds of political reasons why are against this project. The $12.6 mil- Middle-aged businessmen with brief- an Ambassador in some country might lion earmark in this underlying bill case and bodyguards in tow were pro- not want the fabled FBI involving will support the International Law En- testing the murder of a colleague Ivan itself in some of the activities of a par- forcement Center in Budapest, as well Kivalidi. As the Post pointed out, Mr. ticular country. as short-term training sessions in Po- Kivalidi, chairman of the Russian Busi- It seems to me there are a series of land, Estonia, Lithuania, Latvia, ness Round Table, was a ‘‘notable fig- problems raised by this. The political Kazakhstan, Moldova, the Czech Re- ure in the world of Russian finance; a situation in a particular country or public, Slovakia, Kyrgystan, and Slo- casualty in the war now underway be- certain forces in a particular country venia. They are earmarked for the FBI tween the two kinds of private enter- might well want to use the FBI pres- but will support the DEA, BATF, Se- prise in Russia—the legitimate and the ence in that country to raise political cret Service, and other law enforce- violently criminal.’’ issues such as leaking information for ment agencies working in the center in Although a $1 million reward was of- political purposes, and it would hardly Budapest. fered for information on his murder, be advantageous to the United States What is this about, Mr. President? his colleagues were pessimistic. to have the FBI conceivably become Russian organized crime is impacting One commented: ‘‘We have grounds used or involved in those kinds of ac- us here in this country. And if there is to think that the police are closely re- tivities. any provision in this foreign operations lated to the killings. None of the inves- Those are kinds of things the DEA, appropriations bill that directly affects tigations of contract killings in the CIA, or a host of other agencies have us here at home, it is the efforts the last year produced results.’’

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14047 When Prime Minister Chernomyrdin programs. But those activities have States. In addition to the contributions announced new tough anticrime meas- been ad hoc and funded on a shoestring. these efforts provide toward democratiza- ures, he was scorned—scorned—by the Concerned about this crazy quilt ap- tion, we have seen tangible results from the local news media. Izvestia questioned proach, I asked the FBI for an unoffi- joint investigations and subsequent prosecu- tions of international criminals made pos- the 70 pages of crimefighting declara- cial and rough estimate of the costs for sible only because of these initiatives. tions already issued by the Govern- several initiatives which would address The FBI does not have funding for these ment, and the result, they asked? ‘‘The our interests in the region. international training efforts in our budget. government is unable to fight crime.’’ Roughly $12 million is needed to sus- It is from the support that you and your col- Now, everyone is impressed by the re- tain training, exchanges and investiga- leagues provided last year that we were able markable progress Russia has achieved. tive and technical assistance both at to undertake these endeavors. Because the But as the Washington Post warns, if the center in Budapest and in country. FBI has no separate appropriation for this the crime trend continues, ‘‘Russians I believe these programs should be purpose, we must rely upon the Department of State for grants. are going to believe that democracy complemented by an ongoing presence In a related issue, I understand that the means confusion and that respect for of legal attaches in the region, so I Commerce, State, Justice appropriations bill law means weakness. Uncontrollable have also provided funds to support for Fiscal Year 1996 would provide some violent crime is turning into a greater legal attache´s in Estonia, Ukraine, and funding that could be used for limited expan- threat than any political force now on Kazakhstan. Given the magnitude of sion of our Legal Attache program. These of- the scene.’’ the problem, this is really a relatively fices are essential in our effort to combat This is not a new problem. Since our modest investment. international crime. I hope this information has been helpful to trip to Moscow in 1993, Senator LEAHY I ask unanimous consent to have you. printed in the RECORD a recent ex- and I have repeatedly raised the crime Sincerely yours, problem. It was the principal concern change of letters I had with Judge LOUIS J. FREEH, expressed by the business community, Freeh about my decision to expand the Director. our business community. Indeed, the Bureau’s role and an August 26, 1995, principal impediment to expanding for- newspaper article. U.S. SENATE, eign investment over there—the prin- There being no objection, the mate- Washington, DC, September 18, 1995. cipal impediment; there are plenty of rial was ordered to be printed in the Hon. LOUIS J. FREEH, impediments to Americans doing busi- RECORD, as follows: Director, Federal Bureau of Investigation, ness in Russia—but the principal im- U.S. DEPARTMENT OF JUSTICE, Washington, DC. FEDERAL BUREAU OF INVESTIGATION, pediment is this: Beginning in 1993, we DEAR JUDGE FREEH: I have received your encouraged the administration to pro- Washington, DC, September 15, 1995. letter of September 15th, and appreciate the vide adequate funds to support legal re- Hon. MITCH MCCONNELL, difficult circumstances you find yourself in. forms and the drafting and implemen- Chairman, Subcommittee on Foreign Oper- As you know, I share your belief that com- ations, Senate Appropriations Committee. bating the growing international crime prob- tation of a tax, criminal, and commer- DEAR MR. CHAIRMAN: I am writing to ad- lem is essential. I am sympathetic to the cial code. vise you the Departments of State and Jus- State Department’s objections to earmarks Last year, Mr. President, we voted tice are adamantly opposed to any ear- but worry that eliminating this provision marking of funding for the Federal Bureau of 100 to 0 to support this effort by ear- would deny funds to this worthwhile effort. Investigation in the Foreign Operations, Ex- marking resources for the FBI and for Would the FBI be able to fund these pro- port Financing, and Related Programs Ap- local law enforcement training. We grams without support from the Foreign Op- propriation Bill, 1996. Pursuant to those ob- were just beginning to see how prob- erations Appropriation Bill? lems in the NIS were spilling over and jections, I respectfully request the Com- I look forward to your reply, and congratu- mittee not to use this mechanism to fund infecting Europe. late you on the success this initiative has the FBI programs in question. enjoyed to date. We were also beginning to see evi- The programs for which this funding is Sincerely, dence that the 5,000 organized criminal being made available remain critically im- MITCH MCCONNELL, portant and the FBI remains committed to enterprises which were strangling Rus- United States Senator. sia were expanding their bank fraud, the democratization process in Central Eu- rope, Russia, and the New Independent smuggling and narcotics trafficking to [From the Washington Post, Aug. 26, 1995] States. Quite frankly, it has been through U.S. shores. MURDER INC. IN MOSCOW Mr. President, Russian crime is now the support and commitment of people like yourself that the FBI in the past year has As demonstrations go in Moscow, it was American crime. There are no longer been able to make a significant impact in decidedly unusual. The participants were borders or boundaries. The problem has the region. As you know, in the past year, we middle-aged businessmen carrying brief- swept across the ocean and arrived have brought training to over 1,700 middle to cases, surrounded by their bodyguards, gath- here at home. upper-level police officers in their countries, ered near the building that houses the secret In July, the FBI arrested five Rus- at the FBI Academy in Quantico, and police for the purpose of protesting the mur- sians in New York City involved in a through innovative efforts at our newly cre- der of a banker—and calling attention to the string of international extortion and ated International Law Enforcement Acad- very slight chance that justice will ever murder cases. emy in Budapest. catch up with the people who did it. The vic- As we continue our efforts, we are hopeful tim, a man named Ivan Kivelidi, was also And extortion is not the worst of the that the Department of State will continue chairman of the Russian Business Round problems we can expect. For the past 2 to support our efforts to confront the prob- Table and a notable figure in the emerging years, Judge Freeh has warned of the lems of international organized crime, drug world of Russian finance. He was a casualty ominous rise in arrests of individuals trafficking, nuclear trafficking, and ter- in the war now underway between the two involved in smuggling nuclear mate- rorism. kinds of private enterprise in Russia—the le- rial—smuggling nuclear material, Mr. Sincerely yours, gitimate and the violently criminal. President. LOUIS J. FREEH, Mr. Kivelidi’s death is important because Yet the administration keeps citing Director. it is typical of many in a country where racketeering has become pervasive. Anyone the need for flexibility, just as they did U.S. DEPARTMENT OF JUSTICE, who hopes to see Russia develop as a pros- last year when they prevailed upon the FEDERAL BUREAU OF INVESTIGATION, perous democracy can only read with dread conferees to strip out $30 million for Washington, DC, September 18, 1995. about this epidemic of killings, the great law enforcement activities. Hon. MITCH MCCONNELL, majority of which remain unsolved. If Rus- In the meantime, the problems have Chairman, Subcommittee on Foreign Oper- sia’s elected government cannot organize ef- gotten worse. Crime is a serious prob- ations, Committee on Appropriations, U.S. fective law enforcement, it risks being re- lem. The solution requires a serious ef- Senate. placed by other kinds of government as pub- fort and investment on our part. DEAR MR. CHAIRMAN: Thank you for your lic fears increase. This spring with congressional sup- letter of this date. My view, remains that Russia’s police and system of justice is dis- the law enforcement training initiatives we organized and demoralized, frequently cor- port, the FBI opened an international have undertaken and cop-to-cop relationship rupt and generally ineffectual. The post-So- law enforcement training center in Bu- that will flow from these endeavors are abso- viet government has, with reason, wanted to dapest. In addition, the FBI cobbled to- lutely essential to the long-term public safe- change it from the instrument of repression gether short term, in country training ty and national security of the United that it used to be into something else. But

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14048 CONGRESSIONAL RECORD — SENATE September 21, 1995 the transformation has gotten bogged down, Mr. D’AMATO. Mr. President, I Deputy Minister of Internal Affairs Mi- leaving the system uncertain and incom- might inquire of the manager of the khail Yegorov, there were 5,691 orga- petent, with salaries eroded by inflation and bill for a moment—— nized crime groups in Russia, with over with no consensus regarding its purpose and Mr. McCONNELL. Yes. 100,000 gang members. its powers. In addition to the number of groups If this condition continues, Russians are Mr. D’AMATO. If I might have 2 min- going to begin to believe that democracy utes. operating in Russia, there are close to means confusion and that respect for law Mr. McCONNELL. Mr. President, I 100 criminal groups concentrated in 29 means weakness. Russia is an inherently ask unanimous consent that the re- countries, including Germany, Italy, rich country, with immense natural re- maining 10 minutes before the vote be Poland, Hungary, the Baltic Countries, sources and a well-educated population. In divided equally. Turkey, China, and 24 in the United less than four years since the collapse of the The PRESIDING OFFICER. Is there States alone, with a concentration in Soviet Union, its private sector has grown objection? Without objection, it is so my own backyard of Brighton Beach, with remarkable speed. After a sharp eco- ordered. NY. nomic decline, a recovery now seems to be In Brighton Beach, Russian organized well underway. Who yields time? But this promise of growth and steadily Mr. McCONNELL. Mr. President, I crime gangs become intimately in- improving living conditions depends on po- yield 4 minutes to the distinguished volved in gasoline-tax scams, insurance litical and social stability. Uncontrollable Senator from New York. fraud, drug trafficking, forgery, and violent crime is turning into a greater threat The PRESIDING OFFICER. The Sen- contract killings. to it than any political force now on the ator from New York. In addition to New York, Russian or- scene. That little funeral demonstration on a Mr. D’AMATO. Mr. President, I do ganized crime gangs operate in San summer evening in Moscow, in memory of not intend to take all that time. Francisco, Los Angeles, Miami, Chi- Mr. Kivelidi, was a warning. Anarchy is not The FBI is earmarked for $12.6 mil- cago. Their activities range from a popular form of government. lion for foreign law enforcement train- money laundering, illegal money trans- Mr. MCCONNELL. On Monday, Judge ing in the International Law Enforce- actions, control of gambling and pros- Freeh wrote to advise me that the ment Academy in Hungary. titution, narcotics trafficking, and State Department and the Justice De- This earmark is essential for the se- most dangerously, in 1993, 241 cases of partment opposed earmarking funds for curity of the United States. And I say illegal trading in nuclear material in the FBI in the foreign operations bill. this because the FBI is training the Germany. Frankly, he felt obliged to register law enforcement officers of Russia and Worse yet, these gangs have formed their concerns. He did go on to point the former Soviet Union and also East- connections with the Sicilian mafia out, however, that congressional sup- ern Europe so that the organized crime and the Colombian gangs. port last year was what was respon- gangs do not bring their business to the Additionally, it is very alarming to sible for training over 1,700 middle- to United States. look at the activities of these gangs in upper-level police officers at Quantico And when I say the United States, I counterfeiting U.S. Federal Reserve and at the new center in Budapest. want you to know that they are doing notes, FRN’s. During fiscal year 1992, there were no counterfeit FRNs re- I wrote back and asked Judge Freeh a thriving business in my own State of ported as appearing in Russia by either if these programs were important and New York, in Brighton Beach, which Russian or United States governmental whether they could be sustained from has been called ‘‘the hub of the Russian entities. The reason for the absence of existing FBI resources. And here is mafia.’’ reported counterfeit U.S. currency ac- what he said, Mr. President. I am encouraged by FBI Director tivity was apparently in direct correla- JUDGE FREEH: My view remains that the Louis Freeh’s deep commitment to tion to the restricted Russian-Amer- law enforcement training initiatives we have fighting Russian organized crime. His ican political and economic relation- undertaken and cop-to-cop relationships that efforts have highlighted his concern for flow from these endeavors are absolutely es- ship. sential to the long-term public safety and the issue and we want to support him During fiscal year 1993, however, national security of the United States. as he has taken the clear initiative on without any assistance directed at the this important front. Of this country. detection of counterfeit U.S. currency, With these funds the FBI will be able $1,049,090 in counterfeit U.S. currency In addition to the contributions these ef- to continue international cooperation forts provide toward democratization, we was documented as appearing in Rus- have seen tangible results from joint inves- on a level heretofore not seen in inter- sia. Accordingly to law enforcement of- tigations and subsequent prosecutions of national law enforcement. The FBI will ficials, this activity is apparently international criminals made possible only be able to provide training in organized ‘‘only the tip of the iceberg,’’ and the (only) because of these initiatives. crime and related investigative mat- actual amount of activity would read- This is Judge Freeh now. ‘‘The FBI ters, forensic and other advanced inves- ily become more apparent when U.S. does not have the funding for these tigative technological support, and law enforcement personnel can get to international training efforts in our continue the goodwill efforts begun the region. budget.’’ The recent arrests in New last year with Director Freeh’s visit to If we do not begin work on solving York provide just one more example of the region. Because the countries of this problem now, we are headed for a the joint investigations which pro- Eastern Europe are facing the Russian situation where crime will so inundate duced concrete results protecting crime gangs first, before they come the region that democracy itself be- American interests. here, this type of cooperation is vitally come threatened and perhaps fall. If an No doubt some of my colleagues will necessary and unprecedented in the extremist were to come to power in a want to sidetrack this important ear- history of law enforcement. backlash to a situation of near or total mark into a debate about the FBI’s Presently, one of the greatest threats anarchy, we might find ourselves again role somewhere else. I would rather see facing democracy in Russia and East- threatened with confrontation with the FBI live up to its potential, and I ern Europe today, is the rapid expan- Russia. As for the other former states think that this particular amendment sion of organized crime. The situation of the Soviet Union, they might also is absolutely essential if we are going is so bad that organized crime literally find themselves threatened by the re- to help achieve something not only for threatens to undermine the very de- surgent nationalism these extremists the Russians but ourselves in the law mocracy that the United States and espouse. enforcement area. the West seek to protect through their For these reasons, we must act now Obviously, I hope the Kerry amend- assistance programs, and more so by to stem the tide of Russian organized ment will be defeated overwhelmingly. connection, our own security. crime. If we do not act now, the fate of I think it is a very bad amendment. It President Yeltsin has stated that Russia and our own security will be- obviously takes us in the wrong direc- ‘‘organized crime is trying to take the come threatened. We cannot allow this tion. country by the throat.’’ chance to stop the violence, from slip- Mr. President, we have about 10 min- When one looks at the numbers, this ping through our hands. utes left. I suggest we split the remain- is becoming all too clear. At the begin- If the Russian crime syndicates con- ing 10 minutes. ning of 1994, according to Russian First tinue at the pace they are taking, it

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14049 could cause a right-wing backlash in my 11 years here on international vious order, the question is on agreeing Russia, bringing another dictatorial crime and organized crime as anyone in to the Helms amendment No. 2730. leader to power, this time from the the Senate. It is my concern that what The yeas and nays have been ordered. right. This situation would invariably is at stake here is the capacity to con- The clerk will call the roll. throw the fate of democratic reform trol and the capacity to have oversight The legislative clerk called the roll. into doubt and cast the world back into and an appropriate coordination. This The PRESIDING OFFICER. Are there the throws of the cold war. is not a question about whether the any other Senators in the Chamber de- Let me say this, Mr. President. These FBI should get money. It is a question siring to vote? moneys are absolutely essential if we about how it ought to get the money The result was announced—yeas 43, are going to have any success dealing and who will coordinate these inter- nays 57, as follows: with the kind of organized crime ef- national efforts today. [Rollcall Vote No. 456 Leg.] forts that have made an incredible im- It ought to be of great concern to YEAS—43 Senators that both the Justice Depart- pact in the United States of America Abraham Faircloth Lugar from abroad but yet impacting my ment and Treasury Department are op- Ashcroft Frist Mack city, the city of New York, and its peo- posed to a subagency coming in and Bennett Gorton McCain ple. getting funding separately outside of Biden Gramm McConnell Bond Grams Murkowski I have to tell you, this earmark is es- the Cabinet process, outside of the nor- Breaux Grassley mal appropriations process. It ought to Nickles sential for the security of the United Burns Gregg Pressler States, and it is being used today pro- be of concern that the FBI wants to Coats Hatch Santorum Cochran Heflin begin a training program in Ukraine Shelby ductively to fight crime. We have an Coverdell Helms Smith area in New York that, unfortunately, for a model of the FBI on their own, Craig Hutchison Thompson has become a magnet for organized without the oversight and input and D’Amato Inhofe DeWine Kempthorne Thurmond crime. That is in Brooklyn, Brighton constructive effort of all of these other Warner agencies. This is a team effort in this Dole Kyl Beach. I want you to know that they Domenici Lott are doing a thriving business. country. We have always been best NAYS—57 What the FBI is attempting to do is when law enforcement is a team effort. to coordinate, to train and to build the This represents solo flying. I respect- Akaka Ford Moseley-Braun fully suggest that we ought to be con- Baucus Glenn Moynihan kind of relationship abroad, not only in Bingaman Graham Murray Russia, but in other areas, so that they cerned about this question of control. Boxer Harkin Nunn have the ability to communicate, to The fact is that the FBI has received Bradley Hatfield Packwood interdict, to stop and, hopefully, stop over half of the funds available to the Brown Hollings Pell State Department for this purpose last Bryan Inouye Pryor it before it becomes so pervasive in the Bumpers Jeffords Reid United States. year, and every single one of the FBI’s Byrd Johnston Robb This money funds organized crime in- request to undertake training last year Campbell Kassebaum Rockefeller Chafee Kennedy Roth vestigations, insurance fraud, bank was granted by the State Department. Not a single FBI request was turned Cohen Kerrey Sarbanes fraud, murder, smuggling—and do you Conrad Kerry Simon know where that is taking place? Not down. So let us put this in its proper Daschle Kohl Simpson just abroad, but here. That is the im- perspective. Dodd Lautenberg Snowe But, on the other hand, I think it is Dorgan Leahy Specter pact. I cannot believe that we would the kind of issue where Senators com- Exon Levin Stevens want to in any way impede this very Feingold Lieberman Thomas ing to the floor and voting with the Ap- successful program for a very modest Feinstein Mikulski Wellstone propriations Committee’s issues the investment. It is absolutely essential So the amendment (No. 2730) was re- way they are, that this would be best that we continue. We should be doing jected. resolved through further discussions. more. My hope is the appropriate parties Mr. LEAHY. Mr. President, I move to So I hope, as well-intentioned as my will engage in that effort so that we reconsider the vote by which the colleague’s endeavors—and I believe can guarantee that we are not injuring amendment was rejected. them to be so; he has been a proponent other aspects of a coordinated team ef- Mr. INOUYE. I move to lay that mo- of more anticrime legislation or as fort; rather, that we are enhancing all tion on the table. much as anybody. But I hope that we of our capacity to fight this new and The motion to lay on the table was let the Director and let the other agen- significantly increasing threat of inter- agreed to. cies, the Treasury Department and the national organized crime. Mr. MCCONNELL. Mr. President, I DEA, have that opportunity to make So I ask unanimous consent that I be am going to yield the floor. I hope the an impact in saving lives, in battling permitted to withdraw both amend- Senator from New Mexico would seek crime right here in the United States ments. recognition. of America, because that is what the The PRESIDING OFFICER. Is there Mr. BINGAMAN addressed the Chair. impact of these funds are. objection? Without objection, it is so The PRESIDING OFFICER. The Sen- Mr. KERRY addressed the Chair. ordered. The amendments are with- ator from New Mexico. The PRESIDING OFFICER. The Sen- drawn. Mr. BINGAMAN. Mr. President, I am ator from Massachusetts. The amendments (Nos. 2732 and 2733) informed by the managers of the bill Mr. KERRY. Mr. President, I thank were withdrawn. that it would be more appropriate to my colleague and friend for his com- Mr. McCONNELL. Mr. President, I offer this as an amendment to the ments and the acknowledgement of want to thank my friend from Massa- State, Justice, Commerce bill which is what this Senator has done in this chusetts for withdrawing the amend- scheduled for consideration next week. area. It is precisely because of that ments. It has been a useful discussion. For that reason, I withdraw the that I am here today. I ask unanimous consent that imme- amendment at this time. It was my intention, and is my inten- diately following the vote on the Helms The PRESIDING OFFICER. Is there tion, to ask at the end of my comments amendment No. 2730, which will start objection? Without objection, the to withdraw these amendments, but I momentarily, that there be 4 minutes amendment is withdrawn. wanted to raise this debate. My hope is of debate equally divided in the usual Mr. LEAHY. Mr. President, I have that, in the days to come, there can be form prior to a motion to table the been discussing this with the distin- some further discussion in the context Bingaman amendment, upon which we guished chairman. of the conference, and otherwise, to will vote right after the Helms amend- Mr. FORD. Mr. President, may we guarantee what is really at the heart of ment. have order? what this Senator is concerned about. The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- I do not think there is any Senator— objection, it is so ordered. ator will please suspend. The Senate is I do not say this with any special fin- VOTE ON AMENDMENT NO. 2730 not in order. ger pointing—but I think I have had as The PRESIDING OFFICER. The hour Mr. LEAHY. I yield to the Senator many hearings and as much focus in of 6:30 having arrived, under the pre- from Kentucky.

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14050 CONGRESSIONAL RECORD — SENATE September 21, 1995 Mr. MCCONNELL addressed the which I understand the managers of The PRESIDING OFFICER. Are there Chair. the bill have agreed. I do not believe any other Senators in the Chamber The PRESIDING OFFICER. The Sen- that this revised section is as strong or who desire to vote? ator from Kentucky. specific as it should be, nor is it even The result was announced—yeas 43, Mr. MCCONNELL. Mr. President, and as strong as the original version. Fur- nays 57, as follows: Members of the Senate, where we are ther, I still believe that my amend- [Rollcall Vote No. 457 Leg.] we have one more amendment upon ment would provide a more concrete YEAS—43 which we will be voting, a motion to and fundamental structure for moni- Akaka Ford Mikulski table very shortly, the Helms amend- toring compliance with the agreed Biden Glenn Moseley-Braun ment. And in all likelihood the only framework on nuclear issues between Bingaman Graham Moynihan additional vote will be final passage. Boxer Harkin Murray the United States and North Korea. Bradley Heflin There is one other amendment we are Nunn Nevertheless, it appears to me that Breaux Inouye Pell still working on. So there could pos- the revised section 575 takes at least a Bryan Johnston Pryor sibly be two rollcall votes plus final few first steps toward the objectives of Bumpers Kennedy Reid Conrad Kerrey Robb passage; but in all likelihood one roll- my amendment, No. 2712. Just as im- Daschle Kerry Rockefeller call on an amendment, a tabling mo- portantly, it puts the administration Dodd Kohl Sarbanes Dorgan Lautenberg tion, and then final passage. So we are and the North Koreans on notice that Simon very, very close to finishing the bill. Exon Leahy we will be monitoring closely the im- Feingold Levin Wellstone Mr. LEAHY. Mr. President, following plementation of the agreed framework Feinstein Lieberman that, I would hope Senators would co- on nuclear issues, including North Ko- NAYS—57 operate. We know we are going to have rea’s commitment to participate in di- to pass this bill. We know the distin- Abraham Faircloth Mack alog with the Republic of Korea. Ashcroft Frist McCain guished Republican leader and the dis- As a result, and to save time for the Baucus Gorton McConnell tinguished Democratic leader have said Senate as it moves to complete this Bennett Gramm Murkowski there are other bills coming along be- bill, and because the revised amend- Bond Grams Nickles Brown Grassley Packwood hind it. I would hope we would go for- ment comes at least some way toward Burns Gregg Pressler ward with it. my amendment, I would like to with- Byrd Hatch Roth I note one thing for my colleagues. I draw my amendment at this time. Campbell Hatfield Santorum have listened to the discussion of the However, in doing so, I want to ad- Chafee Helms Shelby Coats Hollings Simpson distinguished Republican leader this vise my colleagues that since this issue Cochran Hutchison Smith afternoon and the distinguished chair- deserves extensive further debate and Cohen Inhofe Snowe man of the Foreign Relations Com- consideration within the Senate, I am Coverdell Jeffords Specter Craig Kassebaum Stevens mittee. I assume this would mean, if he going to propose my amendment in the D’Amato Kempthorne Thomas has his up-or-down vote, or a clear vote form of a freestanding bill in the near DeWine Kyl Thompson on his amendment—— future. I also advise my colleagues that Dole Lott Thurmond The PRESIDING OFFICER. Will the my friend Senator HELMS has promised Domenici Lugar Warner Senator suspend while the Senate to consider this matter in his com- So the motion to table the amend- comes to order? mittee expeditiously. ment (No. 2707) was rejected. Mr. LEAHY. Mr. President, I assume Mr. McCONNELL. Mr. President, I Mr. HELMS. Mr. President, I move to after that vote we would then go for- ask unanimous consent that the Mur- reconsider the vote by which the mo- ward with the confirmation of a num- kowski amendment be laid aside and tion was rejected. ber of ambassadors. This is not just that the pending business be the Helms Mr. DOLE. I move to lay that motion some small matter. It is now mid-Sep- amendment regarding State Depart- on the table. tember, and we have people who have ment reorganization. The motion to lay on the table was children. The children do not know Mr. MURKOWSKI. Mr. President, I agreed to. where they are going to be going to would like to advise the floor manager Mr. HELMS addressed the Chair. school, and they do not know whether the Murkowski amendment has been The PRESIDING OFFICER. The Sen- they will move out of the house or in. withdrawn. ator from North Carolina. This is a very, very real situation for The PRESIDING OFFICER. The Sen- AMENDMENT NO. 2707, WITHDRAWN these families. We may have our efforts ator has the right to withdraw his Mr. HELMS. Mr. President, par- back and forth with each other, but the amendment. liamentary inquiry. Have the yeas and children ought to have some idea where Does the Senator from Alaska re- nays been ordered on the amendment? they are going to be going to school, quest that? The PRESIDING OFFICER. The yeas and what they are going to be doing. Mr. MURKOWSKI. The Senator from and nays have not been ordered on the Mr. MCCONNELL. Mr. President, I Alaska does request that. amendment. note the absence of a quorum. The PRESIDING OFFICER. The Mr. HELMS. Mr. President, I with- The PRESIDING OFFICER. The amendment is withdrawn. draw the amendment. clerk will call the roll. So the amendment (No. 2712) was The amendment (No. 2707) was with- The legislative clerk proceeded to withdrawn. drawn. call the roll. VOTE ON AMENDMENT NO. 2707 Mr. LEAHY addressed the Chair. Mr. McCONNELL. Mr. President, I Mr. McCONNELL. Mr. President, is The PRESIDING OFFICER. The Sen- ask unanimous consent that the order the pending business the Helms amend- ator from Vermont. for the quorum call be rescinded. ment regarding State Department reor- Mr. LEAHY. Mr. President, obvi- The PRESIDING OFFICER. Without ganization? ously, I agree with the withdrawal of objection, it is so ordered. The PRESIDING OFFICER. The Sen- the amendment and hope that will be Mr. McCONNELL. Mr. President, is ator from Kentucky is correct. an issue better addressed in another the Senator from Kentucky correct Mr. LEAHY. Mr. President, I move to forum. I am pleased it was. I also hope that the pending amendment is the table the Helms amendment and ask that we may see soon the Ambas- Helms amendment regarding State De- for the yeas and nays. sadors—this confirmation is still being partment reorganization? The PRESIDING OFFICER. Is there a withheld—so the family, the children, AMENDMENT NO. 2712, WITHDRAWN sufficient second? There is a sufficient everybody else can make plans, espe- The PRESIDING OFFICER. The second. cially since the school year is now pending question is on the Murkowski The yeas and nays were ordered. upon us. amendment No. 2712. The PRESIDING OFFICER. The Mr. MCCONNELL. Mr. President, I Mr. MURKOWSKI. Mr. President, I question is on agreeing to the motion ask unanimous consent that the com- have reviewed the revision of section to table the Helms amendment No. mittee amendments be considered and 575 of the committee amendment of 2707. The yeas and nays have been or- agreed to, en bloc; that the bill be con- H.R. 1868 concerning North Korea, to dered. The clerk will call the roll. sidered as original text for the purpose

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14051 of further amendment; and that no with this situation. That may happen, Third, I believe Russia has wrongly points of order be waived thereon by inevitably, but certainly we should do discounted the disruptive impact on reason of this agreement. no harm. international affairs that Iran could The PRESIDING OFFICER. Without This provision in this bill is going to play, should it succeed in developing objection, it is so ordered. cause very big problems if it remains in even crude nuclear weapons. Yet it is So the committee amendments were conference. I hope all Senators will unreasonable to assume that Russia agreed to, en bloc. think carefully about this situation. I wants to help Iran to become a nuclear The PRESIDING OFFICER. Are there hope the conferees will look very care- weapons state. Russia possesses over further amendments? fully as to whether they can use a rifle 20,000 nuclear warheads, tons of weap- Mr. NUNN. Mr. President, I have approach, making it clear what our ons-grade fissile material, and hun- great reservations about a provision in policy is, making it clear that we dis- dreds of scientists and technicians this bill that cuts overall aid to Russia agree with this sale, that it has some skilled in creating nuclear weapons. based on the Iranian nuclear reactor penalties attached, but not cutting Russia does not need to build a light sale. I will not detain the Senate to- overall economic assistance to a coun- water reactor in Iran to boost the Ira- night. I will ask for Senators to think try that really holds the future of nu- nian nuclear weapons program. If Rus- very carefully about this. I think it is clear proliferation in its hands with its sia decides to supply Iran with nuclear essential that we understand that the huge arsenal of weapons, and a country weapons, it can do so in a few hours. whose own stability is enormously im- number one national security chal- Fourth, I believe we must ask wheth- lenge we have in the next 5, 10 years re- portant to our own national security. I ask the conferees to consider this er United States influence on Russia to lates to proliferation. safeguard nuclear technology, to pre- I completely agree with the critics of matter very carefully when they go to conference and not to be locked into vent it from being applied to the Ira- this sale by the Russians to the Ira- nian nuclear weapons program, will be nians. It is my view that this is against this position, which I think is unwise and against our own national security increased by a ban on United States as- the U.S. national security interests sistance to Russia. I think the reverse and also against the security interests interests. Mr. President, I would like to com- is more likely: that cessation of United of Russia. We have a common security ment briefly on the section of H.R. 1868 States aid will decrease the likelihood interest in preventing the proliferation that provides: of Russian cooperation with us on this of nuclear weapons. We differ because No funds may be made available under this vital issue. the Russians are making the sale for heading for Russia unless the President de- Mr. President, our concern over Rus- economic reasons. The question is: How termines and certifies in writing to the Com- sia’s determination to continue with do we respond? Do we respond with a mittees on Appropriations that the Govern- sale of civilian nuclear reactory tech- shotgun attack, cutting overall aid ment of Russia has terminated all planning nology and equipment to Iran should and implementation of arrangements to pro- which is what this bill does, or do we be addressed, in my view, with a care- have a more refined approach, a rifle vide Iran with technical expertise, training, technology or equipment necessary to de- fully-aimed marksman’s rifle, not with approach, making it clear that our own a shotgun blast that demolishes every- policy is not in any way going to per- velop a nuclear reactor or related nuclear re- search facilities or programs. thing in front of it. If we cut off all aid mit them to do this without protest, It is clear, Mr. President, that the because of this sale to Iran, what do we nevertheless, reserving some economic Government of Russia has decided, take away the next time Russia acts in leverage— a way we believe is contrary to our in- Mr. BYRD. Mr. President, may we over strong and I believe well-founded United States objections, to proceed terests? We will have fired all our am- have order? munition and will have little economic The PRESIDING OFFICER. The Sen- with the sale of light water reactor leverage left. ate will be in order. technology and equipment to Iran. So Mr. NUNN. Mr. President, I think it the effect of this provision would be to It may be that some aspects of our is important that we not use all of our block all United States foreign assist- assistance to Russia merit critical re- economic leverage on this matter, as ance to Russia in the coming fiscal view and reduction. That is another important as it is. If the Russians year. issue entirely. Overall, however, I be- Mr. President, I oppose the sale of wanted the Iranians to have nuclear lieve our assistance has made an im- Russian nuclear reactor technology weapons, they could get them nuclear portant contribution to movement to- and equipment to Iran. It is not in our weapons in 24 hours. Yet, this provision ward the development of market econ- country’s national security interests. I omy, a political democracy, and a plu- in this bill acts as if the Russians are believe it also will not serve Russia’s indeed trying to give the Iranians a nu- ralistic society in Russia. To my mind, national security interests. this is clearly in our national security clear weapons capacity. That is not However, I think we need to consider what the Russians are doing. They are interests and should not be brought to carefully whether a cutoff of all foreign a total halt because of our disagree- trying to gain economic advantage be- assistance to Russia will advance our cause of their economic situation. ment with an unwise decision by the national security interests. I have seri- current Russian Government. I do not have an amendment on this. ous doubts that this provision will I think all Members ought to think Mr. President, I offer these remarks serve U.S. interests. in the hope that the Senate conferees about this very carefully. The Russians First, I believe Russia’s decision to will review this provision carefully as are the only empire in history with proceed with this sale was based on they enter into conference on H.R. 1868. 30,000 nuclear weapons that has col- economic considerations. The Russian lapsed. They have some thousands and economy, and particularly the budget Mr. LEVIN. Mr. President, I want to thousands of tons of chemical weapons, of the Ministry for Atomic Energy, associate myself with the remarks of and no one even knows how much in bi- badly needs additional revenue. From Senator NUNN, relative to the provision ological weapons, and with scientists their perspective, this deal appears restricting funds for Russia. that know how to produce this mate- very lucrative. I hope the conferees will add Presi- rial and know how to make these weap- Second, in my view, a cutoff of U.S. dential waiver language to that sec- ons of mass destruction. foreign assistance is not going to stop tion. Otherwise the language could en- We have an enormous amount of se- this deal. The decision has been made danger the chances for our relationship curity at stake in maintaining our at the highest level, after the Russian with Russia to continue to grow and good relationship with Russia, as long side listened to the best arguments the could lessen the chances for democracy as they proceed and struggle toward United States side could made in oppo- to survive in Russia. democracy and market reform. If Rus- sition to the proposed sale. The Rus- Mr. LEAHY. Mr. President, I will be sia becomes unstable, if Russia be- sian Government has invested too very brief. The Senator from Georgia comes paranoid, if Russia becomes na- much prestige, and expects too much has just raised issues of concern that tionalistic, we are going to have ter- monetary return, for this decision to many of the rest of us have. I hope this rible difficulties in the years ahead, be reversed because of cessation of is a matter, as we work through con- and even the months ahead, in dealing United States aid. ference, that can be handled. During

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14052 CONGRESSIONAL RECORD — SENATE September 21, 1995 this whole bill, we have been helped by AMENDMENT NO. 2737 illegal drugs in modern American his- the cooperation on both sides, by the (Purpose: To increase amounts appropriated tory.’’—John Walters, president of the distinguished chairman, by Robin for international narcotics control and to New Citizenship Project and former Cleveland, Jim Bond and his staff, Tim decrease amounts available to the Agency acting director for supply reduction, Rieser on mine. I am sure that will for International Development) Office of National Drug Control Policy. continue that throughout the con- At the appropriate place in the bill, insert If that’s not a loud enough wakeup ference. the following: call, there’s more: SEC. . Notwithstanding any other provi- About 23 million Americans use AMENDMENTS NOS. 2734 THROUGH 2767, EN BLOC sion of this Act, $20,000,000 of the funds made Mr. McCONNELL. Mr. President, I available under this Act for or through the drugs, of which at least 6 million use send a group of amendments, en bloc, Agency for International Development shall cocaine. If current trends continue, the to the desk and ask for their imme- be transferred to, and merged with, the ap- jump in marijuana use among children diate consideration. propriations account entitled ‘‘INTER- from 1992–94 signals that 820,000 more of The PRESIDING OFFICER. The NATIONAL NARCOTICS CONTROL’’ and shall be them will try cocaine; about 58,000 will available for the same purposes for which become regular users or addicts. clerk will report. funds in such account are available. The legislative clerk read as follows: Illegal drug use among the Nation’s Mr. COVERDELL. Mr. President, I high school seniors has risen 44.6 per- The Senator from Kentucky [Mr. MCCON- am here today to warn about the seri- NELL] proposes amendments numbered 2734 cent in the last 2 years according to through 2767, en bloc. ous illegal drug problem that poses a the Department of Health and Human major post cold war threat to our Na- Services. And there is a decline in the Mr. McCONNELL. Mr. President, I tion’s peace and security. Frankly, I perceived risk which leads to an in- ask unanimous consent that reading of worry that these words will fall on the crease in actual drug use. According to the amendments be dispensed with. deaf ears of an America that seems un- Lloyd D. Johnson of the University of The PRESIDING OFFICER. Without willing to face reality and commit the Michigan, there is an increase in drug objection, it is so ordered. resources to stop its own destruction. glorification messages aired on tele- The amendments are as follows: We are indeed at a crucial point. Rep- vision news and entertainment shows. AMENDMENT NO. 2734 resentative WILLIAM ZELIFF, wrote last There is a softening of informal and (Purpose: To make $3,000,000 available for the March: ‘‘There is growing consensus formal antidrug attitudes. World Food Program) that America’s domestic counterdrug Over 70 percent of the prison popu- On page 43, line 17, strike out ‘‘Provided,’’ strategy is failing. In 1993 and 1994, re- lation—which is at 1.4 million—tested and insert in lieu thereof ‘‘Provided, That not spected University of Michigan surveys positive for drugs after their arrest. less than $3,000,000 of the funds appropriated of 51,000 American students indicate Whether it is violent crime, child under this heading shall be made available that gains once made are slipping. We abuse, homelessness, or inner-city pov- for the World Food Program: Provided fur- are in the midst of a major reversal—in ther,’’. erty, drugs—and particularly crack— use and attitudes.’’ have made those pathologies far more Mr. COCHRAN. Mr. President, I After a steep drop in monthly co- acute and in some places unmanage- thank the distinguished chairman of caine use between 1988 and 1991 from 2.9 able. Violent crime, largely induced by the Appropriations Subcommittee on to 1.3 million users, and a similar drop drug use, is increasing at an alarming Foreign Operations for accepting my in overall drug use between 1991 and rate. And, according to DEA Adminis- amendment making $3,000,000 available 1992 from 14.5 to 11.4 million users, trator Constantine: ‘‘For the first time for the World Food Program [WFP]. numbers released earlier this year re- in our history, America’s crime prob- As the largest WFP donor, the United vealed drug use up in 1994 for all sur- lem is being controlled by worldwide States expects more and more every veyed grades for crack, cocaine, heroin, drug syndicates who operate their net- year from WFP as the key provider of LSD, non-LSD hallucinogens, inhal- works from places like Cali, Colombia food aid in emergencies. In its inves- ants, and marijuana.—The Washington ***.’’ tigation of WFP effectiveness, the Gen- Times, ‘‘Renewing Drug War Strate- The number of police officers, law- eral Accounting Office determined that gies,’’ by William Zeliff March 9. yers, accountants, judges who have a larger cash component in United In 1994, according to this Michigan been tainted by drug money has never States food donations is needed to im- study, twice the number of eighth been quantified, but the erosion of pub- prove the efficiency of our food aid dis- graders were experimenting with mari- lic trust is apparent. tribution operations in such difficult juana as did in 1991, and daily use of Drug abuse is costing America about emergencies as those found in Rwanda, marijuana by seniors was up by half $100 billion annually, excluding billions Bosnia, Angola, and Sudan. just from 1993. Also, the nationally rec- in taxes on illegal profits from the drug While this earmark will not increase ognized Drug Abuse Warning Network trade, but the moral cost to the U.S. WFP funding from this account, it will has reported that drugrelated emer- social and political system is immeas- continue the current level of U.S. sup- gency visits in 1994 were up 8 percent urable. port and give us time to address over 1993—now standing at their high- These distressing facts are not sim- through other legislation the funda- est point ever. ply a reflection of society’s more per- mental problem of linking cash to food Meanwhile, the resurgence of heroin missive attitudes. This administration in order to improve the management of use in the U.S. borders on epidemic also changed counterdrug policies. Just food aid so desperately needed around proportions. Heroin related admissions days after inauguration, Clinton moved the world. to emergency rooms have increased 30 the White House office created to di- I deeply appreciate the acceptance of percent since 1990. DEA Administrator rect national antidrug—the Office of my amendment and thank the chair- Thomas Constantine recently noted National Drug Control Policy [ONDCP] man and his staff for their consider- that heroin is now available in more efforts to a backwater and slashed its ation of this important issue. cities at lower prices and higher puri- personnel by over 80 percent. Enforce- AMENDMENT NO. 2735 ties than ever before in our history. In ment has been deemphasized. Manda- On page 11, line 10 insert after ‘‘Zaire’’: ‘‘: November 1993, the Clinton administra- tory minimum sentences have been re- Provided further, That, Not less than tion announced that it would develop a duced. Prosecution statistics from the $2,000,000 shall be provided to the Inter- separate strategy to combat the heroin Administrative Office of U.S. Courts national Fertilizer Development Center’’. threat. However, a recommended strat- for 1992–94 reveal: a 14-percent drop in egy was only just presented in June of charges under all Federal drug laws AMENDMENT NO. 2736 this year, and still awaits the Presi- and a 30-percent drop in charges under At the appropriate place under the heading dent’s approval. narcotics offenses. on page 8, ‘‘Economic Assistance’’ add the One expert is very blunt: ‘‘If these The Clinton administration slashed following proviso: ‘‘Provided further, That not less than $800,000 of the funds made available trends continue, by 1996, the Clinton drug interdiction. Information pro- under this heading shall be made available administration will have presided over vided at a recent Senate Judiciary for support of the United States Tele- the greatest increase in drug use and hearing revealed a cut of 50 percent be- communications Training Institute;’’. the largest expansion in the supply of tween 1993 and 1994 alone in the ships

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14053 and aircraft devoted to the interdiction many foreign leaders appear unable to industries, according to the FBI and of drugs from South America. Amer- deal with the problem. The facts are other sources. ica’s low-key drug czar, Lee Brown, has daunting: Large, criminal drug traf- Based on the extent of coca leaf pro- warned of the need to restore assets to ficking empires, better armed than duction in South America, the Western the interdiction force structure. He re- many police forces, and with ties to Hemisphere’s annual cocaine produc- ported that all Federal agencies in- other organized international crime tion is about 1,100 metric tons. Drug volved in drug interdiction had reached branches around the globe are wreak- users in the United States consume an a consensus: ‘‘that to maintain ade- ing destruction around the world, par- estimated 300 tons; police and customs quate resources in theater, we must re- ticularly in this hemisphere. The CIA seize another 300 tons. That leaves a turn to the 1992–93 levels of effort.’’ But estimates that illicit narcotics is a $300 tremendous glut of cocaine on the shortly after that warning, the admin- billion a year industry. Yet, U.S. and world market, keeping street dealers istration released its fiscal year 1996 independent experts warn that cuts are on several continents flush, despite budget requesting a cut in interdiction harming Washington’s ability to inter- continuing victories like the arrest of funds to $1.27 billion—almost 35 per- rupt the new alliances being formed by major traffickers. cent below the fiscal year 1992 level. major criminal organizations involved Even drug treatment and especially in drug activities on different con- Proponents of efforts to stop the pro- prevention—often held up by this ad- tinents. duction of drug crops and substances at ministration as alternatives to rigid A senior U.S. intelligence official re- the source—in Latin America and enforcement, had their budgets cently stated that these organizations Asia—believe that reducing the foreign trimmed by $100 million and $130 mil- ‘‘are developing massive capital. I am supply of drugs is crucial to lowering lion, respectively. concerned that they are going to link the levels of drug use in the United According to recent testimony from together * * * to leverage Democratic States. They argue that, coupled with the GAO’s Joseph Kelly, Director in societies around the world * * * There intense law enforcement, such pro- Charge International Affairs Issues, is a tremendous dimension to this grams will succeed since it is easier to National Security and International problems that we have hardly begun to locate and destroy crops in the field Affairs Division, before the House of see.’’—the Christian Science Monitor, than to locate subsequently processed Representatives, Subcommittee on Na- ‘‘Spy Agency Adapts Cold-War Tactics drugs in America’s streets. Opponents tional Security, International Affairs, for Drug War,’’ by Jonathan Landay, generally believe that the reduction of and Criminal Justice, Committee on July 5, 1995. Political instability, rising the foreign supply is unrealistic, and Government Reform and Oversight, the corruption, and porous borders in the that the only ultimate solution is the executive branch had difficulty imple- United States, Europe, and Asia have reduction of demand. By now, any rea- menting a key part of the strategy— enabled criminal organizations to ex- sonable person has surely come to the shifting resources from the transit pand into lucrative opium growing conclusion that it will take both: We zone to the source countries. areas and new cocaine markets. must decrease demand, even as we re- Defense Department officials have The technological advancement of duce the flow of illegal drugs. also complained that the amount of re- the drug trade also has been underesti- Here’s just a sample of the reality I sources applied to the transit zone has mated. Colombia’s Cali cartel has ap- must deal with in trying to stem the been significantly reduced without a parently changed its transportation flow of drugs into the United States, as shift in resources to the source coun- mode from single- and twin-engine air- the Western Hemisphere Subcommittee tries. For example, the DEA is reduc- craft to larger commercial aircraft, chairman on the Foreign Relations ing its presence in Colombia, the U.S. such as 707’s and 727’s. There are no es- Committee: Southern Command is now flying fewer timates on how many large commer- Mexico: Fifty to 70 percent of the il- sorties each month in support of cial flights are used. But the traf- legal drugs that enter the United source-country interdiction than it did fickers are creating economies of scale States are smuggled through Mexico. in 1993, and counternarcotics assist- to bring in tons of cocaine. Jeffrey Between 60 to 80 percent of the foreign- ance to the three primary source coun- Smith notes: ‘‘The United States and grown marijuana available in the tries was less in 1995 than in 1991 or other developed countries are falling United States is of Mexican origin, and 1992. In short, Kelly admits that ‘‘shift- further behind in the war on drugs as Mexico supplies about 23 percent of the ing resources between and within agen- criminal organizations in Latin Amer- heroin. Mexico is also a key trans- cies has been problematic.’’ ica and Asia have increased production shipment point for cocaine entering Kelly mentions other severe prob- and become more sophisticated in dis- the United States, and has expanded its lems with America’s so-called war on tributing cocaine and heroin.’’ role over recent years as a clearing- drugs, including the need for better co- With profits as high as 75 percent, house for worldwide drug shipments ordination. No single organization heroin and cocaine producers can af- and money laundering. seems in charge of the drug war in ei- ford to spend tens of billions of dollars ther the cocaine source or the transit annually on sophisticated counterintel- The Office of National Drug Control countries. He mentioned better leader- ligence programs, telecommunications Policy has designated Mexico as the ship as required to develop a coherent equipment, as well as hiring some of second most important country in the plan, and to integrate all U.S. pro- the best marketing and legal talent international narcotics program, be- grams. that U.S. colleges and universities hind Colombia. The DEA attache in What we have now is virtually no produce. While the problem has often Mexico has recommended that Mexico strategy at all. The result is ‘‘U.S. been compared to efforts to undermine be reclassified as a source country so it Falling Far Short in the Drug War,’’ as America’s crime mob, that comparison can be considered for more resources written in the Washington Post by Jef- may be misleading. Today’s drug lead- under the administration’s frey Smith. Smith and others have ers are better armed, have much more counterdrug strategy. noted—and frankly, I am deeply con- funds at their disposal, and have access Faced with a growing threat from cerned—that American officials on to sophisticated technology to carry narcotics trafficker, President Zedillo both sides of the aisle are seriously un- out their trade. has singled out the drug trade as Mexi- derestimating the threat. I have paint- In the Western Hemisphere, drug co’s most pressing national security ed a bleak, yet accurate, account of the traffickers have invested in a nation- problem. But even that key admission tragedy of drug abuse, the violence, the wide chain of pharmacies; legal drug is not enough. In a disturbing develop- health costs, the destruction of lives. labs—even their own brand of aspirin ment, drug smugglers are buying pas- But I doubt that this Senate or our and vitamins; investments in soccer senger jets and flying in huge amounts antidrug officials have fully grasped teams; hotels; shopping centers; car of drugs into Mexico for transport to the magnitude, complexity, and sheer dealerships; apartments; poultry farms; the United States. According to the danger of the drug trade. ranches with thousands of heads of cat- State Department, drug-laden cargo Corruption is leading a path right to tle—and they are even believed to have jets ‘‘are one of the most difficult and the heart of the political system. And purchased some newly privatized State critical challenges * * * facing Mexico.’’

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14054 CONGRESSIONAL RECORD — SENATE September 21, 1995 International Narcotics Control Strat- strategy in the war against drugs, does not work and that the money can egy Report, March 1995. Zedillo has or- there was success against the drug car- do better service someplace else. dered the Mexican military to take a tels during the mid 1980’s to early Both views are wrong. greater role in the counterdrug fight, 1990’s. The energy and resources de- When we made the drug issue a con- including the use of air force fighter voted to the antidrug effort during the tinuing policy concern we saw success. jets to intercept cocaine-laden planes. Bush and Reagan administrations, And when we provided our efforts with Experts say that Mexican drug orga- combined with hardening public atti- adequate guidance and support, backed nizations have built a financial empire tudes produced declines in the drug up by the moral authority of the gov- using the tourist industry and stock problem. And while Federal spending ernment in support of the public, we market, while converting billions of on the drug war was substantial—ap- made significant progress on the drug dollars in drug profits into legitimate proaching $12 billion at the end of the problem. We saw the result in steady forms of capital. Mexico’s National Bush years—it never exceeded Federal declines in use, the most important ba- University estimates that Mexican spending for NASA. Clearly, neither rometer of how we are doing. drug lords spend as much as $500 mil- the space program nor the Federal We can also see the results of a re- lion a year on bribery. Some bankers antidrug effort ever presented a serious treat from our earlier commitment. In suspect that last December’s financial burden in terms of the Federal budget. the last 2 years we have seen mari- crisis was partly the result of a mas- Meanwhile, modest progress against juana use among 12–17-year-olds soar, sive transfer of drug money. drug trafficking was also being made in up 50 percent. At this rate, within the Colombia: We vigorously congratu- my area of the globe; eradication and next year or so we will have wiped out late recent success in Colombia appre- drug seizures were up. These successes the gains made in reducing use over hending Cali cartel kingpins, Gilberto were achieved despite the criminals’ the last 13 years. It is from this new, Rodriguez Orejuela and Jose Santacruz resolve. emerging user population that tomor- Londono, among others. The Cali car- Then, as now, we recognize the val- row’s addicts will come. The situation tel has accounted for at least 80 per- iant efforts made by law enforcement reminds me of what happended to us in cent of the cocaine shipped into the personnel in Mexico, Colombia, and the 1970’s. We let indifference get the United States. We are elated and anx- throughout Latin America who have better of us. We had to suffer a major iously await more traffickers being lost their lives to stopping the flow of drug epidemic to learn our lesson. We brought to justice. But we are wise illegal drugs into this country. In the cannot afford to let that lesson go to enough to recognize that the problems past decade, Colombia has lost 23 waste. down there are far from over. We need judges, 63 journalists, 4 presidential It is a national tragedy if we let drug to determine that those captured will candidates, and more than 3,000 police use escape us again. With serious effort be prosecuted, fully. These kingpins officers and journalists. And we agree we reversed the worst years of drug must receive punishment commensu- with many of the leaders of the region abuse. What clearer indication can rate with their crimes. Short sen- that America simply must do more to there be of the effects of meaningful ef- tences, in which they’re able to hold on curb its appetite for illegal drugs. They fort and indifferent effort than in these to their ill-gotten gains would be coun- must not see us as hypocritical— contrasting pictures. terproductive. Hopefully, Colombia’s watching their every move, while re- More important, I would remind my institutions will deliver and operations ducing our own financial commitment colleagues that it has been Congress against the Cali cartel will continue. to the problem. that has lead the effort in representing But last year Columbia achieved only But, even more, I fear that political the public’s interest on the drug ques- minimum success in the tactical are- leadership and world class American tion. In 1986 and 1988, we moved to in- nas of drug interdiction, illicit crop will to fight the drug scourge is erod- crease both the funding for our drug ef- eradication, and precursor chemical ing throughout the Western Hemi- forts and to put pressure on the admin- seizures. Colombia is now producing so sphere. But now here in America we istration to take forceful action. We much cocaine that U.S. officials can seem asleep in the face of a problem saw results. Just this year, the Senate barely keep track of it, and it may well that is devastating our future and Foreign Relations Committee, and have surpassed Bolivia as the world’s threatening our national security. If Senators HELMS and COVERDELL, took second largest coca grower. Peru re- we are willing to commit the resources the lead in putting pressure on Colom- mains the largest coca grower, ac- and implement a coherent program, bia to do something about arresting counting for nearly two-thirds of the even as we attack the drug consump- drug kingpins, something everyone world’s coca production, most of which tion problem, we will experience re- told us could not and would not hap- is processed in Colombia. Colombia is newed success. The alternative—reduc- pen. Well, it happened in jig time. Con- also believed to have the dubious dis- ing badly needed counterdrug resources sistency and meaning what you say are tinction of surpassing Mexico as the at this crucial time—would further still solid currency, here and abroad. It hemisphere’s leading poppy producer. threaten our national security, would is that kind of fortitude and stick- Early this year, Columbia’s justice risk democracy and stability through- with-it-ness that we still need. minister released a report concluding out the hemisphere, and would place that judges and prosecutors were over- our young people’s very lives at risk. We still have a substantial responsi- ly generous in the use of plea bargains. Mr. GRASSLEY. I support the bility to represent the American public Even Columbia’s chief prosecutor de- amendment to restore funding to the on the drug issue. And we still have the scribed the situation as virtual impu- international narcotics program. I am need to be the leaders in insisting on nity. We applaud Columbia for coming aware that the bill already contains a adequate funding for well-executed pro- clean on a failed program, but the re- considerable increase for the program grams. This does not mean we have to ality is: Colombian officials themselves but it still remains well below what is measure our drug efforts by impossible are embarrassed by the lenient sen- essential to sustain a viable inter- standards of success. We need to be re- tences. national narcotics effort. alistic and we need to be consistent. Ernesto Samper’s Presidency re- In the last several years, funding for Given recent gains in putting drug mains tainted with allegations that his our international narcotics program kingpins behind bars in Colombia we 1994 campaign received up to millions has been in a free fall. In addition, the also need to build on our efforts to go of dollars in contributions from traf- administration has failed to articulate after the second and third tier of cartel fickers. The corruption of Colombia’s a coherent strategy or consistently de- leaders. This means continued support Congress continues to be a problem, fend the programs that it has put for- for our international programs. with one former U.S. officials warning ward. This has left the impression that I would also remind my colleagues, that as much as 50 to 75 percent of the it does not care about the drug pro- that the money we spend on this for- Colombian Congress is influenced by gram, does not see fit to push its own eign assistance program goes directly the drug cartels. ideas. to support efforts aimed at individuals Notwithstanding present doubts Some in Congress seem to have con- and groups that target Americans, about the effectiveness of America’s cluded from this that the drug program whose actions daily kill and wound

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14055 more people than all the terrorists House Committees on Appropriations, AUC is a cost-effective instrument combined. Drug dealers, here and Armed Services—or National Secu- for building cultural and intellectual abroad, are real enemies whose actions rity—and Foreign relations; require bridges. Reflecting on its American have direct and immediate con- the President to submit an annual re- heritage, AUC attracts Egyptians from sequences on the quality of life in our port to said committees detailing the all sectarian communities. Egyptian homes and on our streets. Money spent value of the shipment; require said youths compete for an opportunity to on this international program pays country to pay for all crating, packing, acquire the American-style education real benefits here. We can see the re- handling, and transportation costs. which AUC offers and, in the process, sult when we are willing to act and we Estonia has joined the United Na- learn something intangible about can see the consequences when we fail. tions, the Organization for Security American culture and values. Several I support the amendment to increase and Cooperation in Europe and the years ago the State Department con- the international narcotics program by Partnership for Peace. Its government cluded that, ‘‘AUC enhances United a further $20 million, which still brings has developed a robust democracy States long-term national interest in the total international effort in at over while fully embracing the principles of Egypt and the Middle East and does it $40 million below the administration’s a market economy. For our part, any at a very reasonable cost.’’ I and my request. This funding will help us do help the United States can provide cosponsors have supported the work of the job we must continue to do. will, I believe, be invaluable to our AUC for many years, and note that the strategic and moral interests. This Egyptology department at AUC played AMENDMENT NO. 2738 amendment does just that. (Purpose: To provide for the transfer of a pivotal role concerning the recent AMENDMENT NO. 2739 excess defense articles to Estonia) find in the Valley of the Kings. On page 18, line 24, after ‘‘assistance:’’ in- At the end of section 546 of the bill, insert sert the following: ‘‘Provided further, That Mr. President, this amendment, the following: not less than the Egyptian pound equivalent which represents the third congression- (c) The President may transfer to Estonia of $85,000,000 generated from funds made ally directed contribution to the en- such excess defense articles as the President available by this paragraph, or from any dowment of AUC, is a ‘‘no-cost’’ way of determines necessary to help modernize the other source including from funds made fostering U.S. values in a region of the defense capabilities of Estonia, subject to available for Egypt for fiscal year 1997, shall world that is vital to our national in- the requirements of subsections (b) through be made available to the United States pur- (f) of section 519 of the Foreign Assistance suant to the United States-Egypt Economic, terest. Act of 1961 (22 U.S.C. 2321m). Technical and Related Assistance Agree- The second program for which local Mr. GORTON. Five years ago I was ments of 1978, for the following endowments currencies are designated is an endow- invited to be the first United States established under such agreements: the ment for the preservation of Egyptian Egyptian pound equivalent of $50,000,000 antiquities. Again, prior legislation, Senator to address the newly elected shall be made available to replenish the ex- written by Senator INOUYE and I, had Estonian Parliament as it liberated isting endowment for the American Univer- itself from 50 years of illegal Soviet oc- sity in Cairo, and the Egyptian pound equiv- directed the establishment of an en- cupation. I was denied entry into Esto- alent of $35,000,000 shall be made available to dowment with Egyptian local cur- nia by the Soviet regime, but have replenish the existing endowment for rencies. The amendment makes the since taken a distinct and parochial in- projects and programs which promote the equivalent of $35 million available for terest in Estonia’s well-being. preservation and restoration of Egyptian an- this purpose. Recently I met with Lt. Gen. tiquities:’’ Egypt’s cultural heritage is one of Aleksander Einseln, commander of the Mr. STEVENS. Mr. President, the the richest and most important in the Estonian Armed Forces. In our meet- amendment I am offering would des- world’s history. Yet, it is seriously en- ing, he outlined the significant mate- ignate 85 million dollars’ worth of dangered by pollution, decay, and the rial problems that his nascent military Egyptian local currencies to be used simple passage of time. An endowment faces. With the almost complete with- for two programs in Egypt that have was established in the Foreign Aid Ap- drawal of Russian military forces, Es- enjoyed considerable support from this propriations Act for fiscal 1993 to ad- tonia must now look to its own de- body in the past. This amendment does dress this problem and for reasons fense. Estonia is struggling to heal its not affect the dollar appropriation for similar to those affecting AUC, the en- wounds of 50 years of Soviet domina- Egypt nor does it add any new money dowment now needs replenishment. tion. Its resources are very limited; its to the bill. First, the amendment requires that Mr. President, both of these pro- army small—merely 4,000 soldiers I am the existing endowment for the Amer- grams are worthy ones. In the past, the told. ican University in Cairo be replenished Congress has used this innovative way This amendment gives the President by the equivalent of $50 million in of providing them with support with- authority to transfer to Estonia such Egyptian pounds. out costing the taxpayer anything. I excess defense articles as the President The Congress has twice before di- would hope that this practice can con- determines necessary to help mod- rected that local currencies generated tinue with the adoption of my amend- ernize its defense capabilities. The from our aid programs be used to sup- ment. transfer is subject to the provisions of port AUC. However, as the pound has AMENDMENT NO. 2740 section 519 subsections (b) through (f) devalued against the dollar, the value of the Foreign Assistance Act of 1961. In lieu of the matter proposed to be strick- of the existing endowment for AUC has en insert the following: In short, those provisions authorize the continued to shrink, thus making an President to transfer excess, nonlethal additional contribution necessary. In NORTH AMERICAN DEVELOPMENT BANK defense articles to a country if a for- addition, lower interest rates, while ob- For payment to the North American Devel- eign military financing program has viously good for the general economy opment Bank by the Secretary of the Treas- been justified for the fiscal year in in Egypt, have resulted in significant ury, for the United States share of the paid- which the transfer is to be made; allow income decline from these funds. in portion of the capital stock, $25,000,000, to the United States to help said country Mr. President, AUC is an institution remain available until expended; Provided, modernize its defense capabilities; that for the payment to the Enterprise for of outstanding importance, not only in the Americas Multilateral Investment Fund allow the transfer of the excess defense providing an American-type university by the Secretary of the Treasury, for the articles only if the equipment is drawn education in Egypt and elsewhere in United States contribution to the fund to be from existing DOD stocks, no DOD pro- the Middle East, but also as a key ele- administered by the Inter-American Devel- curement funds are used in connection ment in the close relationships that opment Bank, $45,000,000 is provided to re- with the transfer, the President deter- have developed between the American main available until expended. mines the transfer will not have an ad- and Egyptian peoples. Our colleague, LIMITATION ON CALLABLE CAPITAL verse effect on the military readiness the distinguished chairman of the Ap- SUBSCRIPTIONS of the United States, the President de- propriations Committee, was instru- The United States Governor of the North termines transferring said articles is mental in securing the original allot- American Development Bank may subscribe preferable to selling them; require the ment of Egyptian pounds for this im- without fiscal year limitation to the callable President to notify the Senate and portant institution. capital portion of the United States share of

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14056 CONGRESSIONAL RECORD — SENATE September 21, 1995 the capital stock of the North American De- In sum, therefore, this amendment DOMENICI of New Mexico, Senator velopment Bank in an amount not exceed, makes good economic as well as good HUTCHISON of Texas, and Senator KYL $318,750,000. environmental sense, and I urge its of Arizona, in supporting the amend- Mr. DOMENICI. Mr. President, I rise adoption. ment to restore funding to the North to offer an amendment to raise the fis- Mrs. HUTCHISON. Mr. President, I American Development Bank, better cal year 1996 appropriation for the rise tonight in support of the North known as the NADBank. As a cospon- North-American Development Bank to American Development Bank, which sor of this amendment, I want to tell $25 million. I believe that this amend- was created to assist border States and you how important NADBank funding ment makes good environmental sense local communities in coordinating, de- is to improving environmental condi- as well as good economic sense. signing, and facilitating border infra- tions along the United States-Mexico Mr. President, some of today’s most structure projects. It is a unique bina- boarder. This is important not only to pressing environmental problems are tional financial institution which acts my State of New Mexico, but to all the along the United States-Mexico border. as a catalyst for private and public border States and to our Nation. Rapid population growth along both capital investment for projects cer- sides of the border have created situa- tified by its sister organization, the The North American Development tions where large numbers of people Border Environment Cooperation Com- Bank was created in 1993 as a supple- are living in areas that have inad- mission [BECC]. ment to the North American Free equate drinking water, wastewater, or Established through a joint agree- Trade Agreement [NAFTA]. Its purpose municipal solid waste facilities. ment between the United States and is to provide loans and loan guarantees To address this situation, the United Mexico, the NADBank also establishes to projects certified by the Border En- States and Mexico entered into a joint the United States and Mexico as equal vironmental Cooperation Commission agreement to establish the North partners, under which both the United [BECC], also created as part of the American Development Bank [NAD- States and Mexico contribute equally NAFTA, for high priority border envi- Bank]. to the Bank’s resources. Importantly, ronmental and health projects. Due to NAD-Bank will provide the capital each government’s capital subscription its lack of wealth, the border region for these much-needed border projects, is not an operational expenditure. It cannot be self-financing in its endeavor choosing those projects from lists de- represents an investment in a sound fi- to develop and implement these types veloped by the multilateral Border En- nancial institution which will appre- of infrastructure projects. These vironment Cooperation Commission ciate with the Bank’s earnings and projects are absolutely critical to the [BECC]. may eventually be returned to its in- border area in managing its consider- NAD-Bank will not provide grants or vestors—United States and Mexican able problems with air and water pollu- equity funding for environmental infra- citizens. tion, wastewater treatment, municipal structure projects, but instead will act The NADBank’s role is a crucial one; solid waste, and hazardous waste. it acts as the lead bank, like an invest- a real world investment bank, pro- The NADBank is patterned after ment bank, financing border environ- viding financing to both public and pri- other multilateral development banks, mental infrastructure projects as a vate entities to build the environ- such as the World Bank and the Inter- complement to other public and pri- mental projects recommended by the American Development Bank. The vate sector financial sources. It also BECC. United States and Mexico each are to has an important private sector ori- NAD-Bank ensures that the best contribute $225 million over a 4-year projects are constructed through the entation. Unlike other multilateral de- velopment banks which lend primarily period in initial paid-in capital. The following criteria: NADBank will then use this capital, All projects financed by the NAD- to public entities, the NADBank may provide financing to any entity—public along with funds raised in the financial Bank must address the environment or private. markets and other resources to fund along the 100 km region on both sides What will NADBank capital be used environmental and health projects of the United States-Mexico border. for? Well, 90 percent will go to border along the border and to supplement NAD-Bank projects must be able to infrastructure projects. Ten percent privately funded projects. These funds demonstrate repayment of their loans will be used to fund separate domestic will be combined with existing State and guarantees. NAD-Bank will closely programs in the United States and and local funding, Federal grants and review factors that may affect capital Mexico beyond the Mexican border. State revolving loans, and World Bank outlays, construction, operations and Clearly, the role of the NADBank is an and Inter-American Development Bank maintenance, and project revenues— important one not just to border loans to Mexico to provide for the sub- user fees, state/local backing, guaran- States but to any community. stantial investment that is needed to tees. Mr. President, pollution does not re- provide the basic level of protection to All beneficiaries must share some quire a visa. Border pollution impacts human health and the environment. project costs and/or responsibilities. both Mexico and the United States, and Rapid population growth and indus- Projects must use designs and tech- growing public health concerns and a nologies which result in a least cost so- trialization in the border cities has lack of adequate clean water prevent overwhelmed existing wastewater, lution for long term facilities’ oper- economic growth extending out and be- ations and maintenance. water supply, and solid waste infra- yond the border regions. Growing structure. Untreated domestic and in- In addition to the fact that NAD- health concerns due to the inadequacy Bank’s projects will promote a dustrial sewage currently flows north of municipal infrastructure are a po- to the United States and into the Rio healthier environment, NAD-Bank’s tential time bomb. If the health risks activities will benefit the United Grande River. Thousands of residents associated with lack of adequate infra- lack safe drinking water and adequate States economy as a whole. structure are not addressed, the border Specifically, properly planned and solid waste disposal facilities. Air qual- will face even more severe health prob- ity is severely deteriorated by emis- developed border infrastructure will lems over the next decade. The help United States-Mexico trade to sions of industrial pollutants, and dan- NADBank, in its efforts to address gerous levels of carbon monoxide and flow freely. growing infrastructure needs, will ben- Finally, NAD-Bank was created by ozone-forming hydrocarbons from efit the entire border region’s health urban traffic. the United States and Mexican govern- standards. The proper use of the Bank’s ments as an equal partnership to ad- capital will be guarded carefully, Let me be clear that while this fund- dress these environmental problems. therefore, as if it were a trust for our ing is for binational projects, U.S. citi- Mexico has already put up its share of children. zens will realize substantial benefit the money of NAD-Bank. Properly planned and developed bor- from potential border infrastructure We have an obligation to show that der infrastructure will help United improvements. About 6 million people we are as committed to addressing States-Mexico trade to flow freely. live in metropolitan areas along the these problems as is our southern Mr. BINGAMAN. Mr. President, I rise United States-Mexico border. This pop- neighbor. today to join my colleagues, Senator ulation is critically impacted by water

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14057 pollution coming across the border In January 1995, the Governing Coun- support for the U.N. mission for the from Mexico in areas such as the Ti- cil of IFAD agreed that the target for verification of human rights and of compli- juana River and New River in Cali- the Fourth Replenishment should be ance with the commitments of the com- fornia, the Santa Cruz River in Ari- $600 million, and urged both developing prehensive agreement of human rights in Guatemala (Minugua) and his recent deci- zona, and the Rio Grande in Texas and and developed countries to join in a sion to abolish the military commissioners, my home State of New Mexico. By in- partnership to achieve this target. To but his efforts to bring human rights viola- vesting in pollution control in these date, the United States is the only tors to justice have been impeded by certain areas, there is a direct and important country that has not announced its members of the Guatemalan Armed Forces; benefit to U.S. citizens in terms of pledge. (3) Despite numerous appeals by the fami- health protection, crop protection, and As you know, the U.S. commitment lies of victims of human rights abuses, improved recreational benefits and in- to the Fourth Replenishment is ex- human rights organizations and Members of the United States Congress, there has been creased property values. pected to be $92 million over a 3-year period. While the transfer authority of minimal progress towards resolving specific There are economic benefits that will human rights cases including cases involving accrue to us as well in maintaining our $15 million is a positive step for IFAD, American citizens or their relatives; commitment to the border area. U.S. it does not fulfill the first $30 million (4) President De Leon Caprio deserves the jobs will be generated in the equipment annual payment by the United States support of the United States in his efforts to manufacturing and professional serv- toward its expected 3-year pledge. resolve Guatemala’s conflict peacefully, to ices sectors, which are found in almost The transfer authority for $30 million support democratic elections, and to im- prove respect for human rights. all 50 States. The United States has a would allow the United States to con- tinue its leadership in IFAD and allow (b) LIMITATIONS.—Notwithstanding any strong competitive advantage for pro- other provisions of law— viding equipment, instrumentation, us to continue our successful work to (1) No assistance in this Act or any other and professional services for the con- increase the productivity and incomes Act shall be made available to the Guate- struction of Mexico wastewater facili- of the rural poor. A transfer of $30 mil- malan Armed Forces or the URNG; ties along the border. With a potential lion to IFAD will also make it possible (2) No sales of defense articles or services for the United States to pledge its com- shall be licensed or approved for Guatemala need of almost $8 billion in border for the Armed Forces or URNG; and water related facilities over the next mitment of $92 million to the Fourth Replenishment, bringing the 3-year ne- (3) No visas shall be granted for any mem- decade, up to $2 billion of business ber of the Guatemalan Armed Forces or the gotiations on this replenishment to a could be generated in U.S. products and URNG suspected of participating in or order- successful conclusion. Once the Fourth services. ing any violation of human rights or of seek- Replenishment is concluded, a new gov- In closing, I would urge my col- ing to coverup or otherwise thwart the inves- ernance structure will go into effect. leagues to support this amendment, to tigation of such acts. New voting procedures will reflect the (c) CERTIFICATION.—The limitations con- ensure the future protection and pres- level of contributions made, and will tained in subsection (b) shall cease to apply ervation of the environment along the ensure that the voice of larger contrib- when the President certifies to the Com- United States-Mexico boarder. It is utors will be heard more clearly. mittee on Appropriations and the Committee good, not only for the health of our on Foreign Relations that— The transfer authority will not harm (1) The Guatemalan Armed Forces and the border communities, but also for the the programs and accounts from which environment along the United States- URNG are fully cooperating with efforts— the funds are transferred. With a U.S. (A) By the family of U.S. citizens Michael Mexico border, and for the economy of contribution of $92 million, the $600 Devine who was murdered in 1990 to bring to the entire United States. million level of the Fourth Replenish- justice those responsible for the murder or AMENDMENT NO. 2741 ment will be achieved and with another coverup of the murder; On page 43, under the heading, ‘‘Inter- $600-plus million from loan repayments (B) The October 1994 murders of Roderico Baudilio De Leon and Flavio Matias national Organizations and Programs,’’ add and investments, a total of $1.2 billion the following provisio; ‘‘Provided further, Marroquin; will be available to IFAD to fight pov- (C) By Jennifer Harbury to exhume the That not less than $1,500,000 of the funds ap- erty and hunger around the world. propriated under this heading shall be made body of her husband, Efrain Bamaca available for the United Nations Fund for About 40 percent of the resources avail- Velasquez; and (D) By human rights organizations and the Victims of Torture;’’. able in our Fourth Replenishment will go to Africa. Hence the transfer au- Guatemalan attorney general to investigate and bring to justice those involved in the AMENDMENT NO. 2742 thority will make it possible for IFAD prominent human rights cases committed by (Purpose: To increase transfer authority for to commit $160 million per year for Af- both sides to the conflict, including those IFAD) rica, increasing over fivefold the total cases enumerated in the April 7, 1995 letter On page 11, line 3, strike ‘‘$15,000,000’’ and development resources for that region. to President Clinton by twelve Members of insert in lieu thereof ‘‘$30,000,000’’. IFAD is an effective and efficient orga- the United States Senate. Mr. DODD. Mr. President, I send to nization that through strict loan re- (2) The Guatemalan Government and Armed Forces are complying with the rec- the desk an amendment and ask for its payment and investment policies and contributions from other member ommendations in Minugua’s first and second immediate consideration. The amend- reports, particularly those related to the in- ment I am offering simply increases countries leverages about $13 for every vestigation and prosecution of human rights the transfer authority that the admin- $1 that the U.S. commits. Without the cases. istration may utilize to fund the U.S. U.S. pledge there will not be a success- (3) The U.S. Representative to the United contribution to IFAD. Specifically the ful conclusion of the Fourth Replenish- Nations Human Rights Commission has con- amendment increases that authority ment, and will not be able to provide sulted with Representatives of other Member this level of resources to the region. States to determine whether respect for by $15 million. Let me assure my col- human rights would be enhanced by the ap- leagues that this transfer authority I urge my colleagues to support this amendment. pointment of a special United Nations will not require any offsetting cuts to rapporteur for Guatemala. be made as the overall funding of the AMENDMENT NO. 2743 Mr. DODD. Mr. President, this foreign operations budget is not in- At the appropriate place in the bill add the amendment is very straight forward. It following new section: creased. says that until we see some tangible The International Fund for Agricul- SEC. . GUATEMALA. (a) FINDINGS.—The Congress makes the fol- progress in the human rights perform- tural Development [IFAD] is the only lowing findings: ance of the Guatemalan military, in- international financial institution with (1) The Government of Guatemala, under cluding cooperation with efforts to in- the specific mandate to address rural President De Leon Caprio, has made signifi- vestigate and bring to justice those re- poverty, hunger, and malnutrition. To cant progress towards negotiating an end to sponsible for the murder and cover up this end, IFAD promotes participatory, Guatemala’s civil conflict which has resulted of United States citizen Michael cost-effective approaches to help poor in numerous human rights violations, DeVine, no assistance of any kind will groups such as smallholder farmers, claimed tens of thousands of lives and im- peded economic development in that coun- be forthcoming for that institution. rural women, and the landless to in- try. The prohibitions on military assist- crease their output and incomes in sus- (2) President De Leon Caprio has taken ance, sales of defense articles and serv- tainable ways. steps to improve human rights, including his ice, and the denial of visas to members

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14058 CONGRESSIONAL RECORD — SENATE September 21, 1995 of the armed forces suspected of wrong and security forces to take demon- and I fully anticipate that it will con- doing are to remain in effect until the strable steps to end nearly 40 years of duct counternarcotics efforts con- President certifies to the Congress that impunity. Mr. President, I believe that sistent with our overall international the Guatemalan Armed Forces are co- this amendment has been carefully tar- policy and in consultation with the operating with efforts to investigate a geted to lend support to the President Congress. number of high profile human rights of Guatemala in his efforts to reorga- I think, therefore, that this is a com- cases, including the murders of Mi- nize the military and security forces monsense amendment that allows us to chael DeVine, Myrna Mack, and Efrain and to institute civilian control over do what we need to do to fight the drug Bamaca Velasquez, the husband of such forces in the context of a final problem at its source while recognizing United States citizen Jennifer peace agreement. I would urge my col- the limitations of our involvement and Harbury. leagues to support this amendment. maintaining a strong focus on human I would ask unanimous consent that AMENDMENT NO. 2744 rights. an April 7, 1995, letter on this subject (Purpose: To permit the continued provision to President Clinton be printed in the I would urge support of the Senator of assistance to Burma only if certain con- from Arizona’s amendment, and I yield RECORD following the conclusion of my ditions are satisfied) the floor. statement. Appended to that letter is a On page 104, strike lines 7 through 10 and list of the human rights cases that we insert the following: Mr. MCCAIN. Mr. President, this believe are particularly worthy of spe- SEC. 570. None of the funds made available amendment would modify the provision cial consideration by the U.S. Govern- in this Act may be used for international in the underlying bill that prohibits ment. narcotics control assistance under chapter 8 funding for international narcotics Mr. President, Guatemala is at an of part I of the Foreign Assistance Act of control assistance in Burma. The important turning point in its rather 1961, or crop substitution assistance, directly amendment would modify that prohibi- for the Government of Burma unless the Sec- tragic history. A civil war has been retary of State certifies to the appropriate tion by permitting such assistance waging there for 35 years. More than congressional committees that any such pro- only if the Secretary of State certifies 140,000 Guatemalans have lost their grams are fully consistent with United to Congress that such programs are lives as a result of that conflict. The States human rights concerns in Burma and fully consistent with United States bulk of those killings occurred in the serve a vital United States national interest. human rights concerns in Burma, and 1980’s when the Guatemalan Armed The President shall include in the annual that they serve a vital United States Forces mounted massive International Narcotics Control Strategy national interest. counterinsurgency operations, particu- Report submitted under chapter 8 of part I of the Foreign Assistance Act of 1961 a descrip- That vital national interest is obvi- larly against rural populations. ous, Mr. President. Sixty percent of the But killings have not been limited to tion of the programs funded under this sec- tion. heroin that comes to this country the seventies and eighties. Political vi- Mr. KERRY. Mr. President, I rise in originates in Burma—60 percent. We olence in this decade has been more have a compelling, urgent responsi- targeted, most notably against teach- support of my colleague from Arizona’s bility to do whatever we can to elimi- ers, human rights workers, and politi- amendment to restore authority for nate or at least reduce Burma’s export cians. In 1994, the Guatemalan Catholic the State Department to use funds for of that dangerous narcotic. Without a Church reported that there were some counter narcotics efforts and crop sub- strategy that addresses the heroin 356 political killings and another 40 stitution programs in Burma as long as trade in Burma, we have no effective cases of forced disappearances. Almost the President certifies that any such antinarcotic program at all. none of these cases have been resolved. program is fully consistent with Thanks in large measure to the ef- human rights concerns and serves vital I can well understand the Senate’s forts of the U.N.-facilitated peace nego- United States interests. desire to influence the Burmese re- tiations, the parties to the conflict Human rights is an issue of extreme gime’s treatment of the Burmese peo- have been making progress in reaching importance and deep concern to every ple. That treatment has been abomi- a diplomatic solution to their dif- Senator in this Chamber, and must re- nable and well deserves our severe re- ferences. Agreement has already been main a significant element in our deal- proach. I visited Burma last March and finalized in a number of areas of mu- ings around the world, and no Senator was exposed to a pretty representative tual concern. is more committed to the issue than sampling of how abominable that On March 29, 1994, the parties signed Senator MCCAIN. treatment has been and continues to a global accord on human rights that His amendment is a commonsense be. sets forth basic human rights prin- amendment that gives the United Daw Aung San Suu Kyi’s release was ciples. This agreement also resulted in States the necessary flexibility to act a very welcome development. But in the deployment of a U.N. human rights in its interest in a nation which pro- and of itself it does not represent evi- verification mission to Guatemala vides 60 percent of the heroin smuggled dence of political reform or even an in- early in 1995 in order to monitor com- into this country. To prohibit counter dication of progress toward an objec- pliance with that agreement. In the narcotics efforts would be ill-advised tive standard of human rights in most recent report of the U.N. and counterproductive. Burma. Burma has a very long way to Whatever our deep and abiding con- verification mission, it found that ‘‘im- go. punity remains the most serious obsta- cern for human rights, it is important I know the authors of this provision cle to the enjoyment of human rights to note, Mr. President, that Burma’s feel very strongly, as do I, that the in Guatemala, despite the manifest most noted victim of human rights vio- United States must actively support concern and commitment of the Presi- lations, Aung San Suu Kyi, supports the cause of human freedom in Burma, dent of the republic to combat it’’. drug control efforts in her country, and The Guatemalan military and secu- that, Mr. President, is the best argu- and make it unmistakably clear to rity forces, like every other sector of ment for support of the McCain amend- Burma’s State Law and Order Restora- Guatemalan society, must demonstrate ment. tion Council, the SLORC, that the that they are not above the law, that We have three important objectives United States, indeed, all of the civ- their members will be held accountable in Burma—democracy, counter- ilized world expect them to begin re- for illegal acts. The first step in mak- narcotics, and human rights. All three specting the will and the rights of the ing this a reality is a demonstration demand our attention and our support; Burmese people. such forces that they are prepared to but common sense would tell us that But what I have difficulty under- cooperate in bring to justice those we cannot diminish potential success standing is why we must refrain from within their ranks responsible for some in any of these areas because of specific acting in our own national interest of the most notorious human rights failures in another as long as we are while we attempt to act in the interest abuses—most notably the murder of sensitive to the impact of our actions of the Burmese people. I could under- U.S. citizen Michael DeVine. on overall diplomatic progress. stand the objective of this provision if The pending amendment is intended Mr. President, the State Department it stated that no funds for drug control to prod those in control of the military is well aware of congressional concerns could be made available directly to the

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14059 SLORC. I would not support this assist- ance would support are fully consistent we should not overlook the other fac- ance either if the State Department with our human rights concerns in tors at work here. I want to draw par- were proposing to simply provide Burma. ticular attention to the efforts under- money to the SLORC with the promise Mr. President, I believe—as we have taken by the Governments of Peru and that the SLORC would use it to eradi- in many other countries—the United Colombia to shut down illicit narcotics cate poppy fields. It is quite probable States can advance or values and pro- flights between their countries. that such funds would be used by the tect our national interests in Burma si- This air interdiction program was SLORC to further oppress ethnic mi- multaneously. They are not mutually made possible by an amendment adopt- norities in Burma, like the Wa. exclusive, and should not be treated so. ed last year by Senate during consider- But, Mr. President, that is not what I commend the Senator of Kentucky ation of the Defense authorization bill. the administration proposed to do with and also the Senator from Vermont for That amendment removed a legal im- this assistance. First, it is a relatively their abiding concern for the rights of pediment to sharing United States in- small amount of money that we are the people of Burma. I understand the telligence information with Peru and talking about, with most of it going to motive—the very decent motive—for Colombia. the efforts of the U.N. Drug Control authoring the provision I seek to Since our intelligence sharing began Program [UNDCP] in Burma; $2 million amend. My only concern is over this earlier this year, the Peruvian and Co- would be provided to the U.N. to work particular approach to achieving a very lombian Air Forces have seized air- craft, destroyed them on the ground, with ethnic minorities on crop substi- worthy objective. So let us find a way forced them down and, as a last resort tution and other programs intended to to advance the cause of freedom in after complying with strict begin making some, although admit- Burma and reduce the flow of heroin to verification procedures, shot them tedly small, progress in reducing poppy the streets of America. down. cultivation. None of that assistance AMENDMENT NO. 2745 The resulting disruption in the flow would be funneled through the SLORC. (Purpose: To express the Sense of the Senate of cocaine and cocaine base out of Peru A limited—a very limited amount of concerning the provision of spare parts and has been impressive. The number of il- assistance, $50 thousand, I believe— other military equipment to Peru) licit flights detected in May, June, and would be provided to train Burmese At the appropriate place add the following July was the lowest level in 31⁄2 years. customs officials. But I fail to see the new section: The price of transporting narcotics SEC. . (a) The Senate finds the following: harm in that, given that the amount is out of Peru has risen by as much as 500 so small, and the need for better Bur- (1) Since March 1995 the Peruvian govern- ment has engaged in an aggressive air inter- percent. In many cases the traffickers mese control of drug smuggling at the diction program to prevent narcotics traf- cannot hire pilots at any price. borders so obvious. fickers from violating Peruvian airspace for Constricting the flow of drugs Mr. President, $2 million isn’t going the purpose of transporting illegal narcotics through this critical choke point has to solve America’s heroin problem. But to Colombia. led to an oversupply of coca leaf and I do not see how we begin to get any (2) As a result of the Peruvian interdiction cocaine base in Peru, the source coun- control over that problem absent some program, the number of illicit flights de- try for 80 percent of the cocaine that kind of program in Burma. tected in recent months has dropped to its reaches our streets. Opium production in Burma has sky- lowest level in over three years and the price This glut has caused the price of coca rocketed in recent years. It is, by far, of transporting narcotics out of Peru has leaf and cocaine base to plummet. In risen by as much as 500 percent. the largest heroin producing country in (3) The inability of the traffickers to move parts of Peru the price is down 50 per- the world. Again, 60 percent of heroin cocaine base out of Peru has produced a glut cent and there are scattered reports of in the United States originates in of coca leaf and cocaine base in Peru with a farmers abandoning coca fields because Burma. resulting 50 percent decline in the price. it is not worth their effort to harvest The enormous increase in heroin pro- (4) The Peruvian government’s ability to the crop. duction globally has substantially re- sustain the success of its interdiction pro- Unfortunately the air interdiction ef- duced the street price of heroin while gram is dependent on the maintenance and fort that is producing these note- upkeep of a very limited number of aircraft. simultaneously increasing the purity, worthy results faces a serious problem. (5) As a result of the internal Peruvian po- The Peruvians cannot obtain spare and consequently, the lethality of the litical situation and the conflict earlier this drug. Overdoses—fatal overdoses—have year between Peru and Ecuador, the United parts from the United States for the A– increased rapidly in the United States. States suspended military transfers to Peru. 37 aircraft that they use to intercept Sadly, as long as there is demand for (6) As much as 80 percent of the cocaine the traffickers planes. heroin, we will never be able to keep it that reaches the United States comes from The United States suspended the out of all our children’s hands. But if coca grown in Peru and the disruption of the transfer of these parts in 1991 when in Burma and elsewhere our efforts air corridor between Peru and Colombia is President Fujimori dissolved the Peru- important to United States counter nar- vian legislature and threw out the con- make some progress in restricting the cotics efforts. flow of heroin to the United States, we stitution. The situation was further (7) The situation which led to the cutoff of complicated by the conflict earlier this will make the drug more expensive and military equipment for the air interdiction year between Peru and Ecuador. less readily available on our streets effort have been satisfactorily resolved or The conditions which led to the cut- have progressed to a point where the cutoff than it is today. off of military equipment have evolved Mr. President, before I conclude, I of this military equipment is no longer in the interest of the United States. to the point where it is no longer pro- should also add that in meetings at- ductive to continue denying these tended by American Embassy officials (b) It is the Sense of the Senate that the President should, as soon as possible, provide parts. President Fujimori was over- in Rangoon, Daw Aung San Suu Kyi, limited spare parts and other military equip- whelmingly reelected in May and a had no objections to counternarcotics ment to the government of Peru in support cease fire holds sway in the border con- programs in Burma. While advising of Peruvian Air Force efforts to monitor, flict with Ecuador. This amendment is that the U.N. counternarcotics effort intercept and interdict aircraft and other offered as a way to encourage to the in Burma be closely monitored—as it forms of transportation engaged in illegal administration to rethink and modify narcotics trafficking activities. should be, she also understood the im- its position. portance of reducing poppy cultivation. Mr. KERRY. Mr. President, last Fri- I know that the distinguished Sen- Further, she observed that the U.N. day the New York Times reported rath- ator from Vermont and others have Burma program employs many pro- er substantial increases in the price of concerns bout the human rights record democracy supporters. cocaine on the streets of New York of the Peruvian military and I share I am convinced that the counter- City. The article attributed this price those concerns. This amendment narcotics assistance envisioned for rise to the recent arrests in Colombia should not be interpreted as an at- Burma is consistent with our human of six of the seven biggest drug king- tempt to open the flood gates for broad rights goals in Burma. But, I repeat, to pins. military assistance. ensure that it remains so, this amend- Certainly the decapitation of the Cali The only assistance I am encouraging ment requires the Secretary to certify cartel has played an important part in is equipment for the interdiction pro- that all the program which our assist- disrupting the supply of cocaine, but gram that is already in the pipeline.

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14060 CONGRESSIONAL RECORD — SENATE September 21, 1995 The Peruvian military needs to make of choice among many poor users—have not surpassed the Medellin cartel in sophistica- much more progress in the area of re- been affected, because its purity is low to tion and resources at the time of the spect for human rights before the begin with and abusers need little to become Medellin group’s downfall. intoxicated. But Mr. Constantine and other officials United States should consider other Though they are encouraged by the tight- cautioned that it was too soon to tell how forms of assistance. ened supply of cocaine, some police officials harshly the Colombian authorities would It would be a travesty if the Peru- expressed concern that shortages of cocaine punish the six top Cali leaders they captured vians were forced to shut down this could eventually increase demand for heroin, this year. United States officials noted that program because the United States which is already gaining in popularity and is the cartel leaders were able to negotiate would not send spare parts for two air- mostly distributed by organized crime some of the terms of their surrender, and groups that compete with the Cali cartel. none have suffered confiscations of ill-gotten planes. Keeping cocaine in Peru, keeps They also worry that if drug profits con- cocaine off our school yards and street gains like their mountainside mansions or tinue to be stretched, street gangs com- fleets of yachts. corners. I encourage the Senate to peting for customers, territory and supplies In addition, the United States officials say, adopt this amendment. could turn more violent, much as they did the cartel leaders are still able to commu- I ask unanimous consent to have the when crack first became popular in the late nicate with their lieutenants sporadically article printed in the RECORD. 1980’s. through family members who visit them in There being no objection, the mate- Investigators said information collected jail and by paying off guards. But perhaps through wiretaps and informers indicate rial was ordered to be printed in the because their telephone conversations are that supplies of cocaine are being held up in being monitored, the officials say, they have RECORD, as follows: Colombia and Mexico, where they are stock- not directed their underlings to release huge [From the New York Time, Sept. 15, 1995] piled before moving across the border, be- loads of cocaine warehoused in Colombia and COLOMBIA ARRESTS RAISE PRICE OF COCAINE cause the leaders who once personally super- Mexico. IN NEW YORK CITY vised their release are in jail or on the run. Whatever the long-term impact, law-en- Middle-level traffickers, the wiretaps and (By Clifford Kauss) forcement officials say, the latest price rises informers indicated, are holding back ship- demonstrate that the cartel’s top leaders di- Only a few months after the Colombian ments, in part because they feared that the rect the most minute details of their cocaine Government began arresting the top leaders captured leaders might be trading informa- wholesale operations in the New York area. of the Cali drug cartel, law enforcement offi- tion about cartel operations in exchange for Recent captures of cartel records include cials said the supply and potency of cocaine more lenient treatment. items like personnel evaluations and Con in New York City is dwindling, forcing ‘‘The one person who moved the cocaine Edison bills. wholesale and street prices to soar. between Colombia and Mexico, Miguel Angel ‘‘We have done investigations involving Rodriguez Orejuela, is out of commission for In what officials described as the most pre- wiretaps,’’ said Robert H. Silbering, the Spe- at least the moment,’’ said a senior Drug En- cipitous shift in almost six years, the whole- cial Assistant District Attorney in charge of forcement Administration official who spoke sale price of cocaine has increased nearly 50 citywide narcotics cases, ‘‘that show a direct on condition that he not be named. ‘‘One can percent since May, while retail prices have link from the streets of New York to the es- logically surmise that right now there is a gone up 30 percent. Similar increases, they tates of Cali.’’ said, are evident in other big Eastern cities quandary, a state of confusion, and problems dependent on New York-based Cali with people hooking up with the traffickers Mr. LEAHY. Mr. President, I have operatives for supplies. both in Colombia and Mexico.’’ agreed to accept this amendment, be- In addition, they said, recent seizures and The most striking effect of the arrests in cause it is narrowly written and deals intelligence indicate that the size and num- Colombia have so far been at the wholesale only with the authority to provide ber of shipments of cocaine into the New level of the drug trade, officials said, Re- spare parts for Peruvian aircraft used sponding to the decreased supplies, several York area have declined. Only four months in the drug interdiction program. It ago, Federal agents say, shipments weighing law enforcement officials said top cocaine dealers have increased their prices to their does not authorize funds on equipment 1,000 pounds or more were coming into the for the Peruvian Army. We prohibit city in trucks, ships and airplanes; now, they largest distributors to an average of $26,000 typically weight less than 200 pounds. per kilogram, from $18,000 only four months military aid to Peru in this bill on ac- The shifts are also evident in the city’s ago. count of longstanding human rights drug markets. Drug dealers in Washington In Detroit, the Drug Enforcement Adminis- concerns. We do not want to undermine Square Park said this week that the same tration has reported an increase in wholesale that policy in any way, by providing gram of cocaine that sold for $50 in May now prices from $22,000 to $32,000 per kilogram in equipment to the army for any pur- goes for $80, an increase that they said was the last two months alone. A bodega owner in Washington Heights pose. beginning to drive away younger buyers who with broad knowledge of the cocaine trade in However, this amendment would not come to Greenwich Village from New Jersey. New York said the recent increase had forced do that. It only permits the delivery of ‘‘I’ve been around 39 years,’’ said one middle-level dealers to drop some street sell- spare parts to permit the Peruvian Air Washington Square dealer, whispering as he ers, shave profits, dilute their inventory and gave knowing glances to prospective buyers Force to operate its drug interdiction hoard supplies in case the current shortages walking through the park. ‘‘So I know when aircraft, which I am told by the spon- continued. sor of the amendment, Senator KERRY, they bust the big guys in Colombia, that’s ‘‘A lot of people are just holding onto their when the coke goes up.’’ good stuff for when prices really go up,’’ he are having an effect. I am willing to see Law enforcement authorities cautioned said. that effort continue if it is helping in- that the shifts in supply and price might be The last time cocaine prices in New York terrupt the flow of cocaine, but I can- temporary, evidence of another periodic re- rose so much and so fast was in late 1989, not agree to any assistance to the Pe- alignment of international trafficking net- when a shooting war broke out between the ruvian Army. works with little long-lasting importance. Medellin cartel and the Colombian Govern- But they said that the declining sizes of co- ment. The Medellin group never recovered, AMENDMENT NO. 2746 caine shipments and five recent fatal shoot- but within months the Cali cartel picked up (Purpose: To ensure that the current propor- ings between competing drug gangs in the trafficking slack, and prices returned to tion of economic assistance continues to be Queens appeared to be strong signs that the normal levels. channeled through private and voluntary world’s richest drug trafficking organization State Department and law enforcement of- organizations and cooperatives) is at least going through a painful period of ficials said that Mexican trafficking groups On page 9, insert after the end of line 8 the adjustment. and smaller Colombian cartels operating on following: ‘‘Provided further, That the Presi- ‘‘Maybe it’s only a breather that is bene- Colombia’s northern coast are now jockeying dent shall seek to ensure that the percentage fiting the community,’’ said Peter A. Crusco, for new markets. Mexican traffickers have of funds made available under this heading chief of narcotics investigations in the already taken control of much of the cocaine for the activities of private and voluntary Queens District Attorney’s office. ‘‘But rel- market in the Southwest, they said, and organizations and cooperatives is at least atively little is coming in. The big-level peo- wholesale prices there have not risen as equal to the percentage of funds made avail- ple are not risking moving the cocaine.’’ sharply as in New York. able pursuant to corresponding authorities Officials say cocaine buyers can still find But Thomas A. Constantine, the head of in law for the activities of private and vol- the drug in neighborhoods across the city, the Drug Enforcement Administration, said untary organizations and cooperatives in fis- but New York police officials say laboratory in a recent interview that there was no car- cal year 1995:’’. tests show that dealers are now mixing their tel waiting in the wings that could match Mr. PELL. Mr. President, I offer an small bags and tins of cocaine powder with 30 the Cali group’s financial resources, political amendment in support of the excellent percent more sugar or baking powder to clout in Colombia, and international traf- stretch supplies. ficking connections. work done by private, voluntary orga- On the other hand, officials say supplies ‘‘Nobody out there even compares,’’ he nizations and cooperatives, I believe and prices of crack—the cocaine-based drug said, saying that the Cali group had already my amendment will be acceptable to

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14061 both sides. It is cosponsored by Sen- the southeast. The southeast, of calm is tenuous and the result of Tur- ators MIKULSKI, SARBANES, and SIMON. course, is a traditionally Kurdish area key’s overwhelming—and at times op- My amendment is very simple. It where Kurds are caught in a vise be- pressive—security presence, which has says that the President shall seek to tween PKK terrorism and the Turkish exacted a high cost in terms of human ensure that the same percentage of our military. rights violations. I believe that my economic assistance that currently is Earlier this week, I released a report amendment would have a positive im- channeled through PVOs, continues to on Turkey prepared by members of the pact by improving economic conditions be channeled through PVOs next year. minority staff of the Foreign Relations in a very unstable area. This language is identical to a provi- Committee. The report, which was This amendment also sends an impor- sion that was included in the foreign based upon a trip that the staff con- tant message to Turkey—as it faces aid authorization bill reported by the ducted in August, found, among other the challenge of forming a new govern- Foreign Relations Committee, and it is things, that the Kurdistan Workers’ ment—about the need to address other similar to a provision in the House- Party [PKK] poses a grave threat not underlying problems such as the lack passed foreign operations appropria- only to Turkey, but to regional sta- of ethnic and cultural acceptance and tions bill. bility as well. According to the report, human rights abuses in the southeast. I think this amendment is important the PKK bears direct responsibility for Turkish officials speak of the need to because private, voluntary organiza- much of the tensions in southeast Tur- increase stability in the southeast. tions—PVOs—are our most cost-effec- key and for prompting the recent True stability can only come with in- tive vehicle for delivering foreign as- Turkish invasions of Iraq. creased tolerance. This amendment is sistance, and in this era of shrinking The report also found, however, that intended to bolster that effort. budgets we simply cannot afford to the Government of Turkey bears much AMENDMENT NO. 2748 abandon our partnership with them, of the responsibility for the continued On page 36, line 4, after the word ‘‘Turkey’’ PVOs operate in countries and cir- suffering in the southeast. The report insert the following: ‘‘: Provided further, That cumstances in which our government acknowledges the great political chal- the President should seek the agreement of cannot or will not. They not only re- lenges Prime Minister Ciller faces as the Prime Minister of Turkey to permit ac- flect American values and generosity, she tries to address the Kurdish prob- cess throughout Turkey for international but are an efficient means of delivering lem—a fact borne out by developments humanitarian organizations which operate people-to-people assistance that has a of the last several days by the fall of confidentially, and report to the Committee her government. The bottom line, how- on Appropriations by June 1, 1996, on positive and lasting impact on the lives progress towards such agreement’’. of the poor and builds long-term friend- ever, is that the government has been ships for the United States. unable—or unwilling—to distinguish AMENDMENT NO. 2749 In addition to commanding broad the genuine threat posed by the PKK (Purpose: To amend the NATO Participation public support, our partnership with from the legitimate rights and aspira- Act of 1994 to expedite the transition to PVOs and cooperatives leverages vast tions of the Kurdish people. As a re- full membership in and cooperation with private resources. Much of the assist- sult, Turkey refuses to engage in a po- the North Atlantic Treaty Organization of ance we provide through PVOs is litical dialog with nonviolent Kurdish European countries emerging from Com- matched by contributions from cor- representatives, and is executing a munist domination) porations and private individuals. Thus heavy-handed, indiscriminate military On page 121, below line 24, add the fol- reductions in the level of PVO partici- campaign to eradicate what it views as lowing: pation in our foreign aid program could a monolithic threat to the unity of the TITLE VII—NATO PARTICIPATION ACT have a very damaging multiplier effect. country. AMENDMENTS OF 1995 Unfortunately, it appears that some By equating all Kurdish aspirations SECTION 701. SHORT TITLE. cuts in development assistance are un- with the terrorist designs of the PKK, This title may be cited as the ‘‘NATO Par- avoidable. My amendment simply Turkey effectively has eliminated out- ticipation Act Amendments of 1995’’. seeks to ensure that PVOs are not cut lets for nonviolent Kurdish political or SEC. 702. FINDINGS. disproportionately. I think it is critical cultural expression. As a consequence, The Congress makes the following findings: that the Senate go on record in support Turkey unintentionally may be con- (1) Since 1949, the North Atlantic Treaty of the tremendous work done by these tributing to the PKK’s appeal. I believe Organization (NATO) has played an essential role in guaranteeing the security, freedom, organizations and I would urge that it is important to encourage Turkey to and prosperity of the United States and its the Senate adopt my amendment. offer Kurds and other groups outlets partners in the Alliance. AMENDMENT NO 2747 for nonviolent expression. (2) NATO has expanded its membership on At the appropriate place in the bill, insert One response to the well-chronicled three different occasions since 1949. the following: Turkish rights violations has been to (3) The sustained commitment of the mem- Of the funds appropriated for Turkey under cut assistance. In fact, as many of my ber countries of NATO to mutual defense of the heading ‘‘Economic Assistance’’, not less colleagues may be aware, the House their security ultimately made possible the than $5 million shall be made available only voted to limit economic support funds democratic transformation in Central and through non-government organizations to be for Turkey to $21 million. I propose Eastern Europe and the demise of the Soviet Union. used only for projects in the ten south- that we take a different approach by eastern provinces currently under a state of (4) NATO was designed to be and remains a emergency, and shall be used only for addressing some of the very real eco- defensive military organization whose mem- projects designed to promote economic de- nomic needs Turkey is facing in the bers have never contemplated the use of, or velopment, cultural and ethnic tolerance, southeast—and to do so through non- used, military force to expand the borders of and human rights activities, and to support governmental organizations. its member states. the development and activities of non-gov- The Foreign Relations Committee (5) While the immediate threat to the secu- ernmental organizations. staff visited Diyarbakir, one of the rity of the United States and its allies has Mr. PELL. Mr. President, I am offer- main cities in the southeast, which in been reduced with the collapse of the Iron ing an amendment that directs that a many ways symbolizes the ethnic dif- Curtain, new security threats, such as the situation in Bosnia and Herzegovina, are small amount of our overall assistance ficulties that persist within Turkey. emerging to the shared interests of the mem- to Turkey be used by nongovernmental That city has become a haven for rural ber countries of NATO. organizations for specific activities in Kurds forced to evacuate neighboring (6) NATO remains the only multilateral se- the poorest part of Turkey—the south- towns and villages destroyed by the curity organization capable of conducting ef- east. Specifically, the amendment des- Turkish military. By some estimates, fective military operations to protect West- ignates that not less than $5 million of the city’s population has grown from ern security interests. our aid to Turkey be used for projects roughly 300,000 to more an 1,500,000 dur- (7) NATO has played a positive role in designed to promote economic develop- ing the past 5 years. Although Turkish defusing tensions between NATO members and, as a result, no military action has oc- ment, cultural and ethnic tolerance, officials, local residents, and some curred between two NATO member states and human rights activities, and to independent observers suggest that since the inception of NATO in 1949. support the development and activities tensions have subsided during the past (8) NATO is also an important diplomatic of nongovernmental organizations in 2 years, it is evident that any existing forum for the discussion of issues of concern

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14062 CONGRESSIONAL RECORD — SENATE September 21, 1995 to its member states and for the peaceful Participation Act Amendments of 1995, the (i) by striking ‘‘subsection (d)’’ and insert- resolution of disputes. President shall transmit to the Congress an ing ‘‘subsection (d)(2)’’; and (9) America’s security, freedom, and pros- evaluation of Poland, Hungary, the Czech (ii) by inserting ‘‘(22 U.S.C. 2394)’’ before perity remain linked to the security of the Republic, and Slovakia, as well as all other the period at the end. countries of Europe. European countries emerging from Com- (C) Section 204(c) of such Act is amended (10) Any threat to the security of the newly munist domination which have expressed an by striking ‘‘any other Partnership for Peace emerging democracies in Europe would pose interest in joining NATO, in accordance with country designated under section 203(d)’’ and a security threat to the United States and the criteria in paragraph (3) and specifically inserting ‘‘any country designated under sec- its European allies. designate one or more of these countries to tion 203(d)(2)’’. (11) The admission to NATO of European be eligible to receive assistance under the (c) TYPES OF ASSISTANCE.—Section 203(c) of countries that have been freed from Com- program established in subsection (a). The such Act is amended— munist domination and that meet specific President shall provide a report of the coun- (1) by redesignating paragraphs (1) through criteria for NATO membership would con- try-by-country evaluation as well as an eval- (4) as subparagraphs (A) through (D), respec- tribute to international peace and enhance uation of each designated country’s progress tively; and the security of the region. toward conformance with criteria for full (2) by inserting after subparagraph (D) (as (12) A number of countries have expressed NATO membership. redesignated) the following new subpara- varying degrees of interest in NATO mem- ‘‘(2) OTHER EUROPEAN COUNTRIES EMERGING graphs: bership, and have taken concrete steps to FROM COMMUNIST DOMINATION.—In addition to ‘‘(E) Assistance under chapter 4 of part II demonstrate this commitment. the country or countries designated pursu- of the Foreign Assistance Act of 1961 (relat- (13) Full integration of Central and East ant to paragraph (1), the President may des- ing to the Economic Support Fund). European countries into the North Atlantic ignate other European countries emerging ‘‘(F) Funds appropriated under the ‘Non- Alliance after such countries meet essential from Communist domination. The President proliferation and Disarmament Fund’ ac- criteria for admission would enhance the se- may make such a designation in the case of count’’. curity of the Alliance and, thereby, con- any such country only if the President deter- ‘‘(G) Assistance under chapter 6 of part II tribute to the security of the United States. mines, and reports to the designated con- of the Foreign Assistance Act of 1961 (relat- (14) The expansion of NATO can create the gressional committees, that such country ing to peacekeeping operations and other stable environment needed to successfully meets the criteria specified in paragraph (3). programs).’’. complete the political and economic trans- ‘‘(3) CRITERIA.—The criteria referred to in ‘‘(H) Authority for the Department of De- formation envisioned by European states paragraph (2) are, with respect to each coun- fense to pay excess defense articles costs for emerging from Communist domination. try, that the country— countries designated for both grant lethal (15) In recognition that not all countries ‘‘(A) has made or is making significant and nonlethal excess defense articles. which have requested membership in NATO progress toward establishing— ‘‘(I) Authority to convert FMF loans to will necessarily qualify at the same pace, the ‘‘(i) shared values and interests; grants, and grants to loans, for eligible coun- accession date for each new member will ‘‘(ii) democratic governments; tries. vary. ‘‘(iii) free market economies; (3) by inserting ‘‘(1)’’ immediately after ‘‘(iv) civilian control of the military, of the (16) Nothing in this title should be con- ‘‘TYPE OF ASSISTANCE.—’’; and strued as precluding the eventual NATO police, and of intelligence services; (4) by adding at the end the following new membership of European countries never ‘‘(v) adherence to the values, principles, paragraphs: under Communist domination, namely, Aus- and political commitments embodied in the ‘‘(2) For fiscal years 1996 and 1997, in pro- Helsinki Final Act of the Organization on tria, Finland, and Sweden. viding assistance under chapter 5 of part II Security and Cooperation in Europe; and (17) The provision of NATO transition as- of the Foreign Assistance Act of 1961 for the ‘‘(vi) more transparent defense budgets and sistance should include those countries most countries designated under subsection (d), is participating in the Partnership For Peace ready for closer ties with NATO and should the President shall include as an important defense planning process; be designed to assist other countries meeting component of such assistance the provision ‘‘(B) has made public commitments— specified criteria of eligibility to move for- of sufficient language training to enable ‘‘(i) to further the principles of NATO and ward toward eventual NATO membership. military personnel to participate further in to contribute to the security of the North (18) The evaluation of future membership programs for military training and in de- Atlantic area; in NATO for countries emerging from Com- fense exchange programs. ‘‘(ii) to accept the obligations, responsibil- ‘‘(3) Of the amounts made available under munist domination should be based on the ities, and costs of NATO membership; and chapter 5 of part II of the Foreign Assistance progress of those nations in meeting criteria ‘‘(iii) to implement infrastructure develop- Act of 1961 (relating to international mili- for NATO transition assistance and evolving ment activities that will facilitate participa- NATO criteria, which require enhancement tion in and support for NATO military ac- tary education and training), $5,000,000 for of NATO’s security and the approval of all tivities; fiscal year 1996 and $5,000,000 for fiscal year NATO members. ‘‘(C) is not ineligible for assistance under 1997 should support— SEC. 703. UNITED STATES POLICY. section 563 of Public Law 103–306, with re- ‘‘(A) the attendance of additional military It should be the policy of the United spect to transfers of equipment to a country personnel of countries designated under sub- States— the government of which the Secretary of section (d)(1) or (d)(2), particularly Poland, (1) to join with the NATO allies of the State has determined is a terrorist govern- Hungary, the Czech Republic, and Slovakia, United States to redefine the role of the ment for purposes of section 40(d) of the at professional military education institu- NATO Alliance in the post-Cold War world; Arms Export Control Act; and tions in the United States in accordance (2) to actively assist European countries ‘‘(D) could, within five years of the deter- with section 544 of such Act; and emerging from Communist domination in mination of the President under paragraph ‘‘(B) the placement and support of United their transition so that such countries may (1) or (2), be in a position to further the prin- States instructors and experts at military eventually qualify for NATO membership; ciples of the North Atlantic Treaty and to educational centers within the foreign coun- and contribute to its own security and that of tries designated under subsection (d) that (3) to work to define the political and secu- the North Atlantic area. are receiving assistance under that chap- rity relationship between an enlarged NATO ‘‘(4) PROHIBITION ON FUNDING FOR PARTNER- ter.’’. and the Russian Federation. SHIP FOR PEACE ACTIVITIES OR ON FUNDING FOR SEC. 705. ASSISTANCE FOR NATO PARTICIPATION SEC. 704. REVISIONS TO PROGRAM TO FACILI- THE WARSAW INITIATIVE.—Effective 60 days ACT DESIGNEES. TATE TRANSITION TO NATO MEM- after the date of enactment of the NATO The President is authorized to obligate and BERSHIP. Participation Act Amendments of 1995, no expend $60,000,000 from funds made available (a) ESTABLISHMENT OF PROGRAM.—Sub- funds authorized to be appropriated under under the Foreign Assistance Act of 1961 in section (a) of section 203 of the NATO Par- any provision of law may be obligated or ex- support of countries designated to receive ticipation Act of 1994 (title II of Public Law pended for activities associated with the transition assistance under section 203(a) of 103–447; 22 U.S.C. 1928 note) is amended to Partnership for Peace program or the War- the NATO Participation Act, as follows: read as follows: (1) Poland: $20,000,000. ‘‘(a) ESTABLISHMENT OF PROGRAM.—The saw Initiative until the President has des- (2) Czech Republic: $10,000,000. President may provide expanded security as- ignated at least one country to participate (3) Hungary: $5,000,000. sistance and other related assistance to in the transition program established under (4) Slovakia: $5,000,000. countries designated under subsection (d) to subsection (a).’’. (5) Other European countries designated facilitate their transition to full NATO (2) CONFORMING AMENDMENTS.— membership.’’. (A) Subsections (b) and (c) of section 203 of under subsection (d)(1) or subsection (d)(2): (b) ELIGIBLE COUNTRIES.— such Act are amended by striking ‘‘countries $20,000,000. (1) ELIGIBILITY.—Subsection (d) of section described in such subsection’’ each of the SEC. 706. TERMINATION OF ELIGIBILITY. 203 of such Act is amended to read as follows: two places it appears and inserting ‘‘coun- Section 203(f) of the NATO Participation ‘‘(d) DESIGNATION OF ELIGIBLE COUNTRIES.— tries designated under subsection (d)’’. Act of 1994 (title II of Public Law 103–447; 22 ‘‘(1) PRESIDENTIAL REVIEW AND REPORT.— (B) Subsection (e) of section 203 of such Act U.S.C. 1928 note) is amended to read as fol- Within 60 days of the enactment of the NATO is amended— lows:

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14063 ‘‘(f) TERMINATION OF ELIGIBILITY.—(1) The by adding at the end the following new sec- Second, NATO enlargement would eligibility of a country designated under sub- tion: help facilitate the economic and polit- section (d) for the program established in ‘‘SEC. 207. DEFINITIONS. ical integration of this region into the subsection (a) shall terminate 60 days after ‘‘For purposes of this title: West. Passage of this amendment the President makes a certification under ‘‘(1) NATO.—The term ‘NATO’ means the would demonstrate America’s commit- paragraph (2) unless, within the 60-day pe- North Atlantic Treaty Organization. ment to consolidating an enlarged Eu- riod, the Congress enacts a joint resolution ‘‘(2) DESIGNATED CONGRESSIONAL COMMIT- disapproving the termination of eligibility. TEES.—The term ‘designated congressional rope, and it would give more incentive ‘‘(2) Whenever the President determines committees’ means— to all the nations of Central and East- that the government of a country designated ‘‘(A) the Committee on International Rela- ern Europe to continue their reforms. under subsection (d)— tions, the Committee on National Security, Third, the extension of NATO mem- ‘‘(A) no longer meets the criteria set forth and the Committee on Appropriations of the bership to Central and Eastern Europe in subsection (d)(2)(A); House of Representatives; and would positively influence the evo- ‘‘(B) is hostile to the NATO alliance; or ‘‘(B) the Committee on Foreign Relations, ‘‘(C) poses a national security threat to the lution of two great powers, Germany the Committee on Armed Services, and the and Russia. These two nations are now United States, Committee on Appropriations of the Senate. then the President shall so certify to the ap- ‘‘(3) EUROPEAN COUNTRIES EMERGING FROM undergoing very complex and sensitive propriate congressional committees. COMMUNIST DOMINATION.—The term ‘Euro- transformations. The outcomes will be ‘‘(3) Nothing in this Act shall affect the eli- pean countries emerging from Communist significantly shaped by the future of gibility of countries to participate under domination’ includes, but is not limited to, Central and Eastern Europe. NATO en- other provisions of law in programs de- Albania, Bulgaria, Czech Republic, Estonia, largement would further lock German scribed in this Act. Hungary, Latvia, Lithuania, Moldova, Po- interests into a transatlantic security (b) CONGRESSIONAL PRIORITY PROCE- land, Romania, Slovakia, Slovenia, and structure and thereby consolidate the DURES.—Section 203 of such Act is amended Ukraine.’’. positive role Bonn plays in European by adding at the end the following new sub- Mr. ROTH. Mr. President, I rise as a section: affairs. ‘‘(g) CONGRESSIONAL PRIORITY PROCE- cosponsor of the Brown amendment— Moreover, and this leads to my DURES.— the NATO Participation Act Amend- fourth point, NATO enlargement into ‘‘(1) APPLICABLE PROCEDURES.—A joint res- ments of 1995. Central and Eastern Europe benefits olution described in paragraph (2) which is No other issue is more crucial to Eu- Russia. By enhancing and reinforcing introduced in a House of Congress after the ropean security than NATO’s relation- stability in Eastern Europe, an en- date on which a certification made under ship with Central and Eastern Europe. larged NATO would bring greater sta- subsection (f)(2) is received by Congress shall Today, we are in the midst of an his- bility to Russia’s frontiers and would be considered in accordance with the proce- torical era, an era of transition. It is a dures set forth in paragraphs (3) through (7) enable Russia to direct more of its en- of section 8066(c) of the Department of De- phase in which the strategic landscape ergy to the internal challenges of polit- fense Appropriations Act, 1985 (as contained of Europe is particularly malleable—a ical and economic reform. in Public Law 98–473 (98 Stat. 1936)), except phase that will not last forever. How Mr. President, this point is too often that— the Alliance manages its relationship forgotten in this debate. There has ‘‘(A) references to the ‘resolution described with the nations of this region during been too strong a tendency in United in paragraph (1)’ shall be deemed to be ref- this period will determine whether or States policy to overreact to outdated erences to the joint resolution; and not Europe will ultimately have the Russian sensitivities at the expense of ‘‘(B) references to the Committee on Ap- benefits of an enduring and stable propriations of the House of Representatives strategic realities and objectives cen- and to the Committee on Appropriations of peace. tral to the interests of the Alliance, as the Senate shall be deemed to be references Careful, gradual, but undeterred en- well as to the United States. to the Committee on International Relations largement of NATO should be the geo- Finally, Mr. President, let me em- of the House of Representatives and the political priority of America’s Europe phasize the NATO Participation Act Committee on Foreign Relations of the Sen- policy. The Alliance is uniquely quali- Amendments endorse a vision of Euro- ate. fied to provide the institutional foun- pean security in a manner fully con- ‘‘(2) TEXT OF JOINT RESOLUTION.—A joint dation for regional security and peace. sistent with the spirit and charter of resolution under this paragraph is a joint No other institution combines the two resolution the matter after the resolving the Washington Treaty. It calls upon clause of which is as follows: ‘That the Con- necessary requisites to serve in this the President to undertake programs gress disapproves the certification submitted role: a transatlantic dimension and that will help the nations of Central by the President on llllll pursuant to proven operational capability. and Eastern Europe prepare themselves section 203(f) of the NATO Participation Act The Brown amendment explicitly en- for the responsibilities of NATO mem- of 1994.’.’’. dorses and facilitates a process of bership, SEC. 707. REPORTS. NATO expansion. Passage of this Enlargement is a process for which (a) ANNUAL REPORT.—Section 206 of the amendment is an important step to- the Alliance has always been geared. NATO Participation Act of 1994 (title II of ward establishing a system of Euro- Indeed, Article 10 of the Washington Public Law 103–447; 22 U.S.C. 1928 note), as pean security consisting of two pillars: Treaty provides for the enlargement of redesignated by section 705(1) of this Act, is amended— an enlarged NATO and a strategic part- the Alliance to any European state ‘‘in (1) by inserting ‘‘ANNUAL’’ in the section nership between the Alliance and Rus- a position to further the principals of heading before the first word; sia. this Treaty and to contribute to the se- (2) by inserting ‘‘annual’’ after ‘‘include in Since I have endorsed this legislation curity of the North Atlantic area.’’ the’’ in the matter preceding paragraph (1); before in this Chamber, allow me, Mr. Mr. President, America’s policies to- (3) in paragraph (1), by striking ‘‘Partner- President, to briefly review the key ward Europe must be structured to ship for Peace’’ and inserting ‘‘European’’; reasons why we should support the shape a strategic landscape that en- and process of NATO enlargement and why hances economic, political, and mili- (4) by striking paragraph (2) and inserting we should vote for the NATO Participa- instead the following new paragraph: tary stability in all parts of Europe. ‘‘(2) In the event that the President deter- tion Act Amendments of 1995: This is in our Nation’s best interest, mines that, despite a period of transition as- First, extending the Alliance’s mem- and it is the intent of the NATO Par- sistance, a country designated under section bership to the nations of Central and ticipation Act Amendments to see such 203(d) has not, as of January 10, 1999, met cri- Eastern Europe, beginning with Po- policies embraced. For this reason, I teria for NATO membership set forth by the land, Czechia, Slovakia, and Hungary, call upon my colleagues to pass this North Atlantic Council, the President shall will help transform this region from a legislation. transmit a report to the designated congres- source of instability into a cornerstone Mr. PELL. Mr. President, I want to sional committees containing an assessment of peace. Both recent and long-term thank the Senator from Colorado for of the progress made by that country in meeting those standards.’’. history show us that the region’s stra- working with me and others to revise SEC. 708. DEFINITIONS. tegic vulnerability has been a source of S. 602, the NATO Participation Act The NATO Participation Act of 1994 (title danger on the continent—with calami- Amendments of 1995, which he and Sen- II of Public Law 103–447; 22 U.S.C. 1928 note), tous consequences that drew the ator SIMON introduced earlier this as amended by this title, is further amended United States into two World Wars. year. While there are still a few

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14064 CONGRESSIONAL RECORD — SENATE September 21, 1995 changes that I hope we can make down encouraging the administration to tions under the NPT and IAEA safe- the road, I share the amendment’s goal reach out to our friends in Central and guards agreement. of assisting our friends in Central and Eastern Europe on the one hand and Talks are again underway again on Eastern Europe to make the transition supporting the process among our the next phase of implementing the from Communist domination to greater NATO allies on the other. Framework Agreement. It will not sur- integration with the rest of Europe. I AMENDMENT NO. 2750 prise anyone to learn that, once again, believe that overall, the amendment (Purpose: To provide a substitute for the pro- the North is linking a continuation of before us is a vast improvement over S. vision relating to the Korean Peninsula the freeze to being granted millions 602, and I will support it. Energy Development Organization) more in assistance. NATO expansion is very important. Strike all after ‘‘that’’ on p. 108 line 18 This time, apparently they are inter- In fact, the United States has taken through line 10 on page 109, and insert in lieu thereof the following: ested in the equipment needed to build the lead within the Alliance to address an energy distribution grid. the issues thoroughly and expedi- (a) in accordance with Section I of the Agreed Framework, KEDO has designated a Like every Member of this body, I tiously. Stepping up security assist- Republic of Korea company, corporation or think a freeze on North Korea’s nuclear ance to former Communist states is entity for the purpose of negotiating a prime program is important—but we need to critical to the Partnership for Peace contract to carry out construction of the lock in that freeze—to freeze it, if you initiative as well as to NATO expan- light water reactors provided for in the will. sion. The administration has already Agreed Framework; and put forth a proposal—the Warsaw Ini- (b) the DPRK is maintaining the freeze on At this point, it has been reduced to tiative—to facilitate the participation its nuclear facilities as required in the a negotiating chip which the North Agreed Framework; and keeps recycling. Every time they want of democratic European states in Part- (c) the United States is taking steps to as- nership for Peace activities. The something new, the North threatens to sure that progress is made on (1) the North lift the freeze. Brown-Simon amendment com- South dialogue, including efforts to reduce plements what the President is already barriers to trade and investment, such as re- In the last round of talks, the North doing in this regard. This amendment moving restrictions on travel, telecommuni- was adamant that no mention be made does not alter the fact that Partner- cations services and financial transactions; of South Korean participation in the ship for Peace is becoming an impor- and (2) implementation of the January 1, 1992 provision of the light water reactor tant feature of the European security Joint Declaration on the Denuclearization of covered under the Framework Agree- the Korean Peninsula. ment. system. (d) A report on the specific efforts with re- This amendment sets up a series of gard to subsection (c) shall be submitted by To accommodate this demand, we ne- eligibility criteria for countries to re- the President to the Committees on Appro- gotiated an arrangement where the ceive additional assistance leading to priations six months after the date of enact- North agreed to allow KEDO to an- the transition to full NATO member- ment, and every six months thereafter. nounce the contracting decision. ship. The criteria, which include hav- Mr. MCCONNELL. Mr. President, the KEDO, in turn, announced that a reac- ing a Democratic government and a language in the bill takes the stand- tor originally based on a United States free market economy, civilian control ards for improvements in the United design but modified by the South of the military and the intelligence States relationship with North Korea would be the reactor provided. services, adherence to OSCE principles, and applies them to the North-South I gather the ambiguity of this ar- and a commitment to prevent the sale relationship. In other words, the lan- rangement was unsatisfactory to the of defense articles to terrorist states, guage codifies what I believe is our pol- South but a private letter from Presi- are quite appropriate and reasonable. icy of parallel progress between North dent Clinton to President Kim Yong I want to be clear, however, that and South and the United States rela- Sam was sufficiently reassuring that adoption of this amendment should not tionship with the North. the South Korean administration be taken as a signal that Congress can There is real concern that each time agreed to go along. deem that certain countries are more the North Koreans want something new Unfortunately, side letters do not ready than others for NATO member- in the way of equipment, economic as- bear the same official weight as obliga- ship. The 16 NATO countries have a sistance, or a concession, they threaten tions spelled out in agreements. Once process in place for addressing the ex- to lift the freeze. again, the North seems to have pansion issue. That is as it should be. We then inch closer in our bilateral achieved their goal of access to energy NATO has almost completed its inter- relationship. My concern has been that and easing economic pressure while nal study of expansion, which will be this has been at the expense of the minimizing contact with the South. made public as early as next week. long-standing United States alliance I think it is essential to clarify just Then NATO will begin briefing Part- with the South. Ultimately, I think the what we expect in the North-South dia- nership for Peace members regarding North is determined to drive a wedge log. Ambiguity will ultimately invite expansion. between the South and the United challenge and confrontation. Under Senator LUGAR’s leadership, States. And, their strategy seems to be the European Subcommittee is con- working. We have responded to threats The North’s opposition to a clearly ducting a series of hearings to examine by canceling joint military exercises, defined role for the South is the threat NATO expansion issues. To date, the offering unconditional economic aid in to stability. The danger does not lie in subcommittee hearings have shown the form of oil, while insisting on no imposing obligations that are parallel that the issue of expansion has not clear steps in the North-South dialog. and consistent with our own—the dan- been thoroughly examined or vetted by Let us keep in mind that in spite of ger lies in abandoning our current se- the Congress or by the American pub- the freeze, there is no date certain by curity commitments to South Korea in lic. The costs and responsibilities of which North Korea will come into full an attempt to obtain future compli- NATO expansion have not been thor- compliance with their treaty obliga- ance with IAEA and NPT require- oughly examined. Therefore, any uni- tions. Indeed, I believe we have set a ments. lateral congressional determination as dangerous precedent in rewarding vio- Mr. President, the principal objec- to which countries are ready for NATO lations of the NPT with free reactors tion the administration had to the re- membership is inappropriate. and economic aid. strictions I included in the Foreign Op- This amendment does not make a And, the North’s response? When the erations bill was the timetable I estab- pronouncement regarding NATO mem- South recently sent a relief shipment lished for progress in the North-South bership. It simply authorizes the Presi- of rice, the North captured the boat dialog. I would like my colleagues to dent to help countries that are already and held the crew members hostage. know that the timetable I included was members of Partnership for Peace, and I think it will have an adverse im- exactly the same as the schedule the that may be interested in full NATO pact on stability on the peninsula if we United States was expected to comply membership. trade away our current commitments with in fulfilling obligations to nor- I believe that this amendment to South Korea to secure the North’s malize economic and political rela- strikes an appropriate balance between future compliance with their obliga- tions.

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14065 However, given the difficulty of the I commend the chairman, and others democracy allies will give Mr. Lee a problem I can appreciate the adminis- who have contributed to this result. working majority of 31. tration not feeling able to move as rap- AMENDMENT NO. 2751 By contrast, pro-Beijing candidates idly as I would like, so I have modified On page 24, line 5 add the following after of the Democratic Alliance for the Bet- the language to accommodate those ‘‘services’’: ‘‘Provided, That these funds shall terment of Hong Kong won only six concerns. The amendment I am offer- be in addition to funds justified for programs seats and the party’s top three officials ing on behalf of Senators BYRD, NUNN, in the fiscal year 1996 congressional presen- were all defeated. Regrettably, spokes- HATFIELD, STEVENS, INOUYE, LEAHY, tation documents.’’ men for Beijing have not learned to and myself balances our interest in lose gracefully and have resorted to clarifying our goals on the North- AMENDMENT NO. 2752 threats and intimidation. South dialog while giving the adminis- (Purpose: To express the sense of the Con- Again Governor Patten has proved to tration sufficient time and a measure gress regarding the recent elections in be the best analyst: ‘‘Everybody has to Hong Kong) of flexibility to advance those inter- recognize that Hong Kong has ex- ests. At the appropriate place in the bill, insert pressed its views about the present and the following: Mr. BYRD. Mr. President, I thank the future with great clarity.’’ the distinguished chairman of the sub- SEC. . HONG KONG ELECTIONS. Mr. President, the amendment I have committee, and manager of the bill, for (a) FINDINGS.—The Congress finds the fol- lowing: offered congratulates the people of his flexibility in accommodating my Hong Kong for exercising their right to concerns over the provision in the bill (1) The right to an elected legislature in Hong Kong is guaranteed by the 1984 Sino- vote, calls on China to respect the on the Korean Framework Agreement. British Joint Declaration on the Question of clear will of the people of Hong Kong to That agreement, concluded on October Hong Kong. have a fully democratic government, 21, 1994, if properly implemented, holds (2) The United States-Hong Kong Policy and calls on China to enter into a dia- the promise of relaxing tensions on the Act declared the Congress’s support for full log with the democratically elected Korean Peninsula, of steering the implementation of the 1984 Sino-British representatives of the Hong Kong peo- Joint Declaration; North Korean Government off its path ple. of nuclear weapons development, and of (3) The People’s Republic of China declared in the Joint Declaration that Hong Kong I wish the people of Hong Kong well reducing the long-term expenditure of as they continue to demonstrate their resources by the United States to en- would be ‘‘vested legislative, executive and independent judicial power’’ and would have clear will to maintain the cause of de- sure the safety of South Korea. ‘‘a legislature constituted by elections’’. mocracy. I urge my colleagues to sup- The agreement mainly concerns obli- (4) On September 17, 1995, the highest num- port this amendment. gations entered into between the ber of Hong Kong voters ever demonstrated AMENDMENT NO. 2753 United States and the North Korean their commitment to democracy by freely Government, but also refers to the expressing their right to vote in the Legisla- (Purpose: To impose sanctions against need for a dialog between the North tive Council elections. Burma, and countries assisting Burma, un- (5) The voters of Hong Kong have over- less Burma observes basic human rights and South Korean Governments as and permits political freedoms) well. In Provision III of the agreement, whelmingly expressed their desire for the es- At the appropriate place in the bill insert the North Korea Government has tablishment of a fully democratic govern- ment by electing 60 Legislative Councillors the following. agreed to ‘‘engage in a North/South di- for four-year terms. SEC. 2. SANCTIONS AGAINST BURMA. alog, as this Agreed Framework will (b) SENSE OF CONGRESS.—It is the sense of Except as provided in section 4, the fol- help create an atmosphere that pro- the Congress that— lowing sanctions shall apply to Burma, effec- motes such dialogue.’’ The amendment (1) the people of Hong Kong are to be con- tive 90 days after the date of enactment of which has been offered encourages gratulated for exercising their right to vote this Act (or on such other date as is specified progress in this regard, in particular on September 17, 1995; in this section): with reference to reducing North-South (2) the People’s Republic of China should (1) INVESTMENTS.—No United States na- barriers toward trade and investment, respect the clear will of the people of Hong tional may make any investment in Burma. including removing restrictions on Kong to have a fully democratic government; (2) UNITED STATES ASSISTANCE.—United (3) the Government of the People’s Repub- States assistance for Burma is prohibited. travel, telecommunications services, lic of China should enter into a dialogue with (3) TRADE PRIVILEGES.—The President shall and financial transactions. If such bar- the democratically elected representative of continue the suspension of special trade riers are removed, much of the sus- the Hong Kong people; and privileges pursuant to the Generalized Sys- picion, fear, and anger that infuses the (4) the Government of the People’s Repub- tem of Preferences (GSP), and shall continue North-South relationship can be miti- lic of China should respect the mandate of the suspension of nondiscriminatory trade gated, and an atmosphere of peaceful the elected members by withdrawing its treatment (most-favored-nation status), with cooperation could be fostered. Such a pledge to abolish the Legislative Council in respect to Burma. development is certainly in the na- violation of the Joint Declaration’s provi- (4) IMPORTATION OF GOODS.—No article sions on Hong Kong’s legislature and auton- tional security interest of the United which is produced, manufactured, grown, or omy in all but defense and foreign affairs. extracted in Burma may be imported into States. Mr. PRESSLER. Mr. President, on the United States. The amendment also requires the (5) TRADE AND INVESTMENT TREATIES.—The President to certify that the North Ko- behalf of myself and others I am offer- ing an amendment that expresses the United States should continue to suspend reans are maintaining their current carrying out obligations under bilateral freeze on nuclear facilities, which is re- sense of the Congress in support of last trade and investment treaties with Burma. quired in the Framework Agreement. Sunday’s successful elections in Hong (6) TRAVEL RESTRICTIONS.—The Secretary This is the quid pro quo for United Kong. of State shall prohibit the use of United States support to the South Korean Mr. President, when Mr. Christopher States passports for travel to Burma except and Japanese consortium to put into Patten became Governor of Hong Kong for travel by United States diplomatic per- place new light water reactor power- 3 years ago, he made a very important sonnel. (7) DIPLOMATIC REPRESENTATION.—The plants in the North, which will help re- decision. He decided to allow the peo- ple of Hong Kong the opportunity to President is urged not to accept diplomatic solve the overall nuclear issue on the representation from Burma at a level greater Korean Peninsula. express their preference on a simple than the level of diplomatic representation The administration supports this issue: democracy—yes or no? accorded the United States in Burma. amendment, and I am pleased that Sen- As last Monday’s New York Times (8) FOREIGN ASSISTANCE.—The United ators could reach this accommodation editorial noted, ‘‘Hong Kong’s voters States shall suspend assistance under the on the language in the bill. It supports declared overwhelmingly on Sunday Foreign Assistance Act of 1961 and the Arms America’s vital leadership role to bring their preference for democracy and Export Control Act to any foreign govern- peace and an atmosphere of coopera- their doubts about Beijing’s plans for ment which sells or otherwise transfers arms to the Government of Burma. tion on the Korean Peninsula, and head the colony’s future.’’ Final returns (9) INTERNATIONAL ORGANIZATIONS CON- off any further danger that the North from Sunday’s vote show the Demo- TRIBUTIONS.—The United States shall with- Koreans might pursue a nuclear option cratic Party led by Mr. Martin Lee won hold from each international organization which would lead to more tension and the largest number of seats, 19, in the that funds activities in Burma other than perhaps a conflict there. 60-seat Legislative Council. Other pro- humanitarian activities an amount equal to

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14066 CONGRESSIONAL RECORD — SENATE September 21, 1995 the United States proportionate share of described in subsection (a)(3) shall be subject sion of food, medicine, medical supplies, or that funding. to duty at the rates of duty specified for clothing and does not include cash transfers. (10) MULTILATERAL ASSISTANCE.—The Sec- such goods under column 2 of the Har- (4) FINANCIAL INSTITUTIONS.—The term ‘‘fi- retary of the Treasury shall instruct the monized Tariff Schedule of the United nancial institutions’’ includes the Inter- United States executive director of each fi- States. national Bank for Reconstruction and Devel- nancial institution to vote against any loan SEC. 4. CERTIFICATION. opment, the International Development As- or other utilization of the funds of the re- The sanctions of section 2 shall not apply sociation, the Asian Development Bank, and spective bank to or for Burma. upon the determination and certification by the International Monetary Fund. (11) EMINENT PERSONS GROUP.—The Presi- the President to the appropriate congres- (5) UNITED STATES ASSISTANCE.—The term dent, acting through the United States Per- sional committees that the following condi- ‘‘United States assistance’’ means assistance manent Representative to the United Na- tions are met: of any kind which is provided by grant, sale, tions, should urge the United Nations to es- (1) The Government of Burma has uncondi- loan, lease, credit, guaranty, or insurance, or tablish an eminent persons group to report tionally released all political prisoners, in- by any other means, by any agency or in- on compliance by the Government of Burma cluding Aung San Suu Kyi. strumentality of the United States Govern- with United Nations resolutions. (2) The Government of Burma has fully im- ment to any foreign country, including— (12) INTERNATIONAL ARMS EMBARGO.—The plemented the results of the 1990 elections in (A) assistance under the Foreign Assist- President, acting through the United States Burma, including the transfer of power to ci- ance Act of 1961 (including programs under Permanent Representative to the United Na- vilian authority, the protection of basic title IV of chapter 2 of part I of the Act); tions, should urge the establishment by the human rights, and guaranteeing the right of (B) sales, credits, and guaranties under the United Nations of an international arms em- Burmese citizens to participate freely in the Arms Export Control Act (22 U.S.C. 2751 et bargo of Burma. political process, assuring freedom of speech seq.); SEC. 3. AGREEMENTS TO IMPOSE SANCTIONS ON and the right of association and assembly. (C) sales under title I (7 U.S.C.A. 1701 et BURMA. (3) The Government of Burma has imple- seq.) or III (17 U.S.C.A. 1727 et seq.) and dona- (a) NEGOTIATIONS WITH TRADING PART- mented an effective counternarcotics effort. tions under title II (17 U.S.C.A. 1721 et seq.) NERS.— SEC. 5. SANCTIONS AGAINST THE PEOPLE’S RE- of the Agricultural Trade Development and (1) IN GENERAL.—Not later than 15 days PUBLIC OF CHINA. Assistance Act of 1954 of nonfood commod- after the date of the enactment of this Act, The Secretary of the Treasury shall in- ities; the President shall initiate negotiations struct the United States executive director (D) other financing programs of the Com- with all foreign countries with which the of each multilateral financial institution to modity Credit Corporation for export sales of United States trades for the purpose of en- vote against any loan or other utilization of nonfood commodities; and tering into agreements with the countries— the facilities of the respective institution to (E) financing under the Export-Import (A) to support United States sanctions or for the People’s Republic of China until Bank Act of 1945 (12 U.S.C.A. 635 et seq.). against Burma, and the President determines and certifies to the (B) to cease trade with and investment in Æ Burma. appropriate congressional committees that the People’s Republic of China has termi- Mr. MCCONNELL. Mr. President, in (2) CERTIFICATION OF NEGOTIATIONS AND nated arms sales and other arms transfers to July 1989, Ong Son Sue Chi, leader of AGREEMENTS.—Not later than 90 days after Burma. the National League for Democracy the date of the enactment of this Act, the was placed under house arrest. In spite President shall certify to the Congress each SEC. 6. SANCTIONS AGAINST THE GOVERNMENT country that— OF THAILAND. of her arrest, National League for De- (A) has failed to enter into an agreement The President shall withhold all United mocracy representatives swept the described in paragraph (1), or States assistance to the Government of elections, held the following May, win- (B) has entered into such an agreement but Thailand until the President determines and ning 392 of the 485 seats in Parliament. certifies to the appropriate congressional is not enforcing it. As we all know, the State Law and (3) ACTION BY THE PRESIDENT.—Notwith- committees that the Government of Thai- land is fully cooperating in providing sup- Order Restoration Council, SLORC, re- standing any other provision of law, if a cer- jected the outcome and has maintained tification is made with respect to any coun- port and relief for Burmese exiles and refu- try under paragraph (2) the President shall gees. an iron grip on Burma ever since. withdraw— SEC. 7. REPORT. While Sue Chi has now been released, (A) any designation of such country— Not later than 45 days after the date of en- today like all others for the people of (i) as a beneficiary developing country for actment of this Act, the President shall sub- Burma marks one more day of ruthless purposes of title V of the Trade Act of 1974 mit a report to the appropriate congressional repression. The recent U.N. Special (19 U.S.C. 2461 et seq.), committees on— Rapporteur summed up the view of (ii) as a beneficiary country for purposes of (1) the chemical and biological weapons ca- every human rights group and demo- pability of Burma; the Caribbean Basin Economic Recovery Act cratic activist I have spoken with. Peo- (19 U.S.C. 2701 et seq.), or (2) a plan to provide United States assist- (iii) as a beneficiary country for purposes ance in support of the democracy movement ple are fearful that whatever they say of the Andean Trade Preference Act (19 active inside Burma; or do will risk interrogation or arrest. U.S.C. 3201 et seq.), (3) the treatment by the Government of In cold and dispassionate terms he re- (B) from such countries the benefits of any Thailand of Burmese students, refugees, and ported his concern about forced labor, other special tariff treatment program under exiles resident in Thailand; and forced porterage, forced relocations, which the special rates of duty apply under (4) the status of arms sales and other arms arbitrary killings, beatings, rape, and column 1 of the Harmonized Tariff Schedule transfers to the Government of Burma, in- confiscation of property by the army. of the United States, and cluding the amount of expenditures by the Government of Burma in the acquisition of I urge all of you to read the July Na- (C) most-favored-nation trade treatment tional Geographic article on Burma. with respect to any such country. arms. (b) APPLICABILITY.— SEC. 8. DEFINITIONS. While holding out hope that Burma’s (1) IN GENERAL.—The provisions of this sec- As used in this Act: rich natural resources will someday tion apply to goods entered, or withdrawn (1) APPROPRIATE CONGRESSIONAL COMMIT- offer its people a prosperous future, the from warehouse for consumption, originating TEES.—The term ‘‘appropriate congressional article describes how clearly the in or imported from a country with respect committees’’ means the Committee on Ap- SLORC enriches itself using fear and to which an action described in subsection propriations and the Committee on Foreign intimidation to exploit both the people (a)(3) has been taken, during the period be- Relations of the Senate and the Committee and the land—an opinion shared by the ginning on the date that is 15 days after the on Appropriations and the Committee on date of the certification described in sub- International Relations of the House of Rep- Wall Street Journal. section (a)(2) and ending on the date that is resentatives. Some of you might ask why I am 15 days after the earlier of— (2) INVESTMENT.—The term ‘‘investment’’ more concerned about Burma than (A) the date the President certifies to the includes any contribution or commitment of other countries questionable human or Congress that such country has entered into funds, commodities, services, patents, proc- political rights records. I am hard an agreement described in subsection (a)(1) esses, or techniques, in the form of— pressed to find another regime on earth and is enforcing the agreement, or (A) a loan or loans; that I find as insulted, self serving, and (B) the date a certification described in (B) the purchase of a share of ownership; repugnant. section 4 is made. (C) participation in royalties, earnings, or This is not a honorable government (2) RATE OF DUTY DURING PERIOD DESIGNA- profits; and TION IS WITHDRAWN.—During the period de- (D) the furnishing of commodities or serv- interested in stability and freedom. It scribed in paragraph (1), goods entered, or ices pursuant to a lease or other contract. is a dictatorship and signs cease-fires withdrawn from warehouse for consumption, (3) HUMANITARIAN ACTIVITIES.—The term with ethnic leaders then unleashes originating in or imported from a country ‘‘humanitarian activities’’ means the provi- 10,000 well-armed troops on their camps

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14067 of supporters. Last December, when vember message—we want to see im- access to political prisoners. Although Manerplaw was under attack, I offered provements. they stand ready to return at any the view that SLORC would release SLORC must be wondering by now— point, the ICRC decided to withdraw in Sue Chi after annihilating all the improvements, or what? July because SLORC will not grant groups that actively supported her de- What are the real consequences? So them the simplest of terms, which 59 mocracy movement. The fall of far, none. other countries accept, that being un- Manerplaw generated 80,000 refugees. Which is why I have decided to move supervised, regular access to political Today, as we speak, Karenni camps are forward with this legislation. Let me prisoners. I think at one point SLORC under siege, in direct violation of a ne- turn now to the contents of the amend- offered access to Sue Chi, but she cou- gotiated cease-fire. Twenty thousand ment. rageously declined asking that she not civilians have fled the fighting. I think we would all agree that uni- be given any preferential treatment SLORC is not a responsible govern- lateral sanctions are not as successful not offered to other political prisoners. ment interested in development—it is a in applying pressure to a government When asked when and why the talks corrupt dictatorship driven to protect as an international effort. There are collapsed, this official said, its power and wealth. While people several provisions which address U.S. Last summer when they started to really starve, this regime has spent 45 percent unilateral action including banning in- make money. SLORC realized they could se- vestment, trade, imports, aid and sup- cure their position and their wealth without of its budget on arms. paying any political price. Unlike China, where I believe eco- port through international financial Shortly after she was released, SUU nomic liberalization is benefiting hun- institutions. I also require the Presi- dent to initiate negotiations to secure CHI cautiously welcomed this legisla- dreds of thousands of people and lead- tion saying, ing to political change, only SLORC of- support with our trading partners for international sanctions. Countries fail- These are very tough sanctions. They—the ficials and their cronies benefit in sponsor—have shown they are interested in Burma. I think that is why there is ing to reach agreement on an embargo how the democracy movement progresses. I unanimous support for this legislation will risk their MFN and and GSP sta- am very grateful for it. from Burmese student, ethnic and tus. In July she was reluctant to directly democratic leaders alike. At this point, after years of self-im- call for a ban on investment fearing re- Before talking about the bill, I want posed exile, there is very little foreign taliation by SLORC. Now that months to take just a minute to discuss why I investment in Burma. I am willing to have passed with no progress she has think it is important to move legisla- guess that few nations will be willing taken a tougher stand. In a recent tion at this point. to put their existing trading relation- interview with an Australian journalist As we redefine our priorities in the ship with the United States at risk for she called for a suspension of foreign post-cold-war world, there is an ur- potential future financial gain in investment until real progress on the gency to transnational threats. I put Burma. democratic front has been achieved. international narcotics trafficking and The amendment also requires the ex- I think it is important that we re- crime at the top of my list of concerns. ecutive director at international finan- spect and promote that agenda. Keep- In 1986, 15 percent of the heroin com- cial institutions to vote against loans ing the pressure on SLORC will assure ing into this country was coming from to China if the PRC continues to sell or that her release is translated from a Asia, now it’s 65 percent. Just as im- transfer arms to Burma. The State De- symbolic gesture to freedom and de- portant is the purity. National and partment estimates that SLORC mocracy for all Burmese. local law enforcement officials in Ken- spends 45 percent of their budget on Mr. President, let me conclude by tucky tell me that 10 years ago, heroin weapons—arms used solely to terrorize noting this initiative is supported by a on our streets was 2 to 3 percent pure. their own citizens. wide variety of organizations and indi- Today it’s anywhere from 25 to 65 per- The amendment will also suspend viduals including Nobel Laureate Betty cent pure. United States assistance to Thailand if Williams and Desmond Tutu, the AFL– Heroin trafficking is a serious na- there continues to be a lack of coopera- CIO, the Democratic Burmese Students tional security threat. tion in the provision of relief and sup- Organization, the National Coalition In a Foreign Operations Sub- port to students, refugees, and demo- Government of the Union of Burma, committee hearing I recently asked cratic activists living in exile. Stu- the American Baptist Convention, the the Assistant Secretary of State for dents and leaders have been arbitrarily Asian-American Civic Alliance, and the Asia, Win Lord, several questions on detained, arrested, had their offices United Front for Democracy and Burma, SLORC, and the narcotics broken into and documents removed. Human Rights in Burma. I have also problem. His response offers insight The problems are usually resolved heard from ethnic leaders endorsing into why I think we should press to iso- when various officials are paid so- the approach including ministers rep- late the SLORC. called fees and fines. I am not sug- resenting the Karen, Karenni, and Mon Since SLORC has an enormous secu- gesting that there is a condoned pro- people. I ask unanimous consent to print in the RECORD letters from some rity apparatus with a tight grip on the gram orchestrated by the Thai Govern- ment at work, but I do think there of the these groups. nation, I asked him what were the There being no objection, the letters should be a more serious effort to con- major impediments to an effective were ordered to be printed in the counternarcotics effort. He said, trol the conduct of rogue officials. RECORD, as follows: What is going to solve the problem over The amendment also requires several NATIONAL COALITION GOVERNMENT the long run is a popular, representative reports among which is one on OF THE UNION OF BURMA, OFFICE open government—all other efforts are min- SLORC’s chemical and biological weap- OF THE PRIME MINISTER, uscule compared to whether you have an ons capabilities. In the attacks carried Washington, DC, March 29, 1995. open system there. out last year against various camps, Hon. MITCH MCCONNELL, I agree. thee were a number of eyewitness ac- U.S. Senate, Russell Building, Last November a senior State De- counts of the use of some kind of toxic Washington, DC. partment official issued an ultimatum substance. I understand clothing and DEAR SENATOR MCCONNELL: I have recently to the SLORC—bilateral relations other items have been turned over to learned of your intention to introduce a bill to impose US economic sanctions on Burma. would only improve if there was the U.S. labs for analysis. I earnestly On behalf of the democratically elected gov- progress on human rights, democracy, hope the report advises us that there is ernment of Burma, I am writing to give you and counternarcotics. No one disputes, no reason to believe the SLORC has a my wholehearted support as well as that of inside or outside the administration, CBW capability. my government in your effort. that we have seen a real deterioration Let me conclude with a personal ob- The imposition of sanctions should never on all fronts. Unfortunately, the ad- servation made recently by an Inter- be taken lightly. Any measure designed to constrict the economy of a country will ministration has failed to follow national Red Cross official with years cause some degree of hardship to the people. through. A few weeks ago, Ambassador of experience in Asia. After dragging However, I believe, and the democratic Albright visited Burma. According to their feet for 7 years, the SLORC re- forces working to liberate our country be- news accounts she reiterated the No- cently rejected the ICRC’s request for lieve, that foreign investment serves to

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strengthen the outlaw State Law and Res- impact on the ability of the SLORC to re- UNITED FRONT FOR DEMOCRACY toration Council (SLORC). It is providing press its people and conduct war on groups AND HUMAN RIGHTS IN BURMA, SLORC with the means to finance a massive opposed to this illegitimate government. The North Potomac, MD, July 10, 1995. army and intelligence service whose only job withdrawal of the Commercial Officer from Hon. MITCH MCCONNELL, is to crush internal dissent. SLORC controls the U.S. Embassy in Rangoon would further U.S. Senator, all foreign investment into Burma and chan- underscore this message. We also renew our Washington, DC. nels contracts to the military and its party call for the U.S. Government to exert pres- DEAR MR. SENATOR: On behalf of the United Front for Democracy and Human officials. Unlike other countries, investment sure to block development and aid projects Rights in Burma and its affiliated organiza- will not serve to create a middle class of en- of international institutions that benefit the trepreneurs, only reinforce allegiance to a tions such as Burma America Fund, Burma- SLORC. regime that has murdered tens of thousands Canada Society and the United States of Sincerely, of people whose crime was the desire for de- Burma Relief Fund Committee, as well as LANE KIRKLAND, mocracy and to live in a free society. SLORC the people of Burma inside and outside the President. is in desperate need of foreign currency. Cut- country, I wish to convey our most sincere ting off access to US funds will be a severe appreciation of the continuing efforts you blow to SLORC. ASIAN-AMERICAN CIVIC ALLIANCE, have been making for the down-trodden peo- Your decision to move forward on this Ft. Lauderdale, FL, July 10, 1995. ples of Burma. issue will not be popular with the US busi- Hon. Senator MITCH MCCONNELL, In particular, we would like to express our ness community or countries in Europe and U.S. Senate, appreciation of the bill to impose trade and Asia. There are many who place trade and Washington, DC. economic sanctions against the military re- money over Burma’s deplorable narcotics, gime in Burma. We understand that you will DEAR SENATOR: We are very grateful of go ahead with the sanction bill as you said it political, and human rights record. I applaud your great effort which have contributed to- would be more important than ever to main- your courage and will do everything in my wards the release of Aung San Suu Kyl. tain the pressure on the SLORC to fully im- power to see you succeed. The United States has a very special place We hope that you will continue to assist plement the results of the 1990 election, and to restore democracy and human rights to in the hearts of my countrymen. During the bring Democracy in our beloved country, Burma. We agree with you entirely that the massive democracy demonstrations in 1988, Burma. release of Daw Aung San Suu Kyi alone students could be seen marching in Rangoon Please continue your most powerful Bill would not solve the problems in Burma, Still carrying American flags and demonstrating against the Military Regime in Burma so there are hundreds of political prisoners in front of the US Embassy. Supporting us in being detained and the military is still con- our struggle is the International Republican that the 43 millions Burmese—every citizen tinuing its reckless campaign against the Institute. This organization funds pro-de- can enjoy the Democracy and human rights in their life time once again over there. ethnic minorities, in particular the Karennis mocracy activities inside Burma. The Bur- with whom the SLORC signed a cease-fire mese people desperately want what Ameri- We support you wholeheartedly. only in March 1995. In violation of the cease- cans have: the ability to live in peace with- With Sincerity and respect, fire agreement, the SLORC sent four battal- out fear of government persecution, respect KYIN HO, M.D., ions into the cease-fire designated area and for human rights, and social justice. Amer- President. fighting is now going on between the SLORC ican ideals will always be a symbol for what troops and the Karennis. we can achieve. OFFICE OF THE SUPREME HEAD- While we welcome with great pleasure the I want to personally thank you for your release of Daw Aung San Suu Kyi, the sym- leadership and raising your voice to support QUARTERS, KAREN NATIONAL UNION, bol of Burma’s democracy movement, we feel those who are oppressed. I look forward to that this is just a beginning in the long proc- assisting you in any way possible. Kawthoolei, September 5, 1995. Hon. Senator MCCONNELL, ess of peace-making and restoration of With my highest consideration, human rights and national reconciliation in Yours Sincerely, U.S. Congress, Washington, DC. Burma. With the history of the cunning tac- (SEIN WIN), tics that has been used by the brutal regime, Prime Minister. DEAR SENATOR: We are much impressed we have to wait and see if the SLORC is and encouraged to hear that you are to sub- going to change its ways to bring about gen- AMERICAN FEDERATION OF LABOR mit the bill as intended in Congress next uine democracy and follow a national rec- AND CONGRESS OF INDUSTRIAL OR- month, for imposing trade sanctions on onciliation process that will lead to the GANIZATION, Burma. early establishment of a genuine democratic Washington, DC, February 6, 1995. government by immediately transferring the Apart from releasing Daw Amg San Sun Hon. WARREN CHRISTOPER, administration to the elected representa- Kyi from detention, the SLORC has not Secretary of State, U.S. Department of State, tives of the 1990 elections and to form an in- Washington, DC. taken any step for democratic reform. Near- terim government led by Daw Aung San Suu DEAR MR. SECRETARY: I write to you to ex- ly one thousand political prisoners detained Kyi, who is the only Burmese national leader press my strong concerns about the con- unjustly by the SLORC are still in prison. loved and respected by all the peoples of tinuing egregious behavior of the State Law Forced labor, midiscriminate killings and Burma. and Order Restoration Council (SLORC) re- human rights violations are still being com- Until it is definite that the democracy gime of Burma. Directly contradicting its mitted on a wide scale by the SLORC army process is assured, just as in South Africa claims that it seeks peace and national rec- troops. Cease-fire agreements between the after the release of Nelson Mandela, the onciliation, SLORC sent the Burmese army SLORC and the ethnic groups, remain to be sanctions that you proposed should be im- to viciously attack, capture and sack a temporary arrangement without any posed. We are confident that the inter- Manerplaw, the headquarters of the Karen progress toward agreement for lasting peace national community would agree with this people and key base area for many groups, and stability. In the case of Karemi, hos- approach. including the Federation of Trade Unions tilities have broken out again as the SLORC We wish to repeat our wholehearted sup- Burma (FTUB), seeking to restore democ- troops violated the cease-fire terms. port of your efforts and thank you again for racy in Burma. your unrelentless efforts for the cause of de- We believe that the blatant, unprovoked With regard to us. the SLORC has been mocracy and human rights in Burma and attack on Manerplaw is a major setback for avoiding with excuses the materializing of elsewhere in the world. the cause of democracy in Burma and merits talks, while it has been massing 101 battal- Yours sincerely, a strong response from the U.S. Government. ions of troops against our areas. Military op- U BA THAUNG, In the ‘‘two visions’’ policy laid out by Dep- erations have already begun in some of our Chairman. uty Assistant Secretary Hubbard during his areas even when the rainy season is in full visit to Rangoon, the U.S. indicated that, if force. This shows that the SLORC’s so-called HUNTSVILLE, TEXAS, progress by SLORC on issues of democracy ‘‘policy of national reconciliation’’ is only an July 6, 1995. and human rights was not forthcoming, the expedient measure in its attempt to Senator MITCH MCCONNELL, U.S. would renew its campaign to isolate the perpemate the military dictatorship. Russell Office Building, regime. In line with this policy, now is the Washington, DC. time for the U.S. to show, by actions, that it In conclusion, we would like to say that we DEAR SENATOR MCCONNELL: I wish to take is serious. are firm in our support for you with regard this opportunity to offer my support to the Accordingly, we urge the U.S. Government to your effort to have trade sanctions im- initiative you are preparing to undertake on to implement a full trade and investment posed on Burma. We pray for your success behalf of my sister laureate Aung San Suu embargo against Burma. Since most U.S. in- and send our best wishes and regards to you Kyi and the people of Burma. It has been vestment enters Burma through joint ven- and our colleagues. brought to my attention that you intend to tures with SLORC government agencies or Sincerely, introduce legislation on July 11, 1995 which entities wholly controlled by the regime, im- SAW BO MYA, will ban all U.S. foreign investment in plementing sanctions would have a direct President. Burma.

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The letter stated, prepositioning more equipment in Asia Are we going to suspend military co- ‘‘She has endured six long years of solitary is critical to defend our interests. operation with certain NATO allies be- detention without trial at the hands of the If we had not cut the Defense budget cause, according to credible press re- military regime. There is no sign at all of for 11 straight years, perhaps we could ports, some of their troops deployed as her release. We resolutely oppose political afford to preposition such equipment in peacekeepers in Bosnia have engaged oppression disguised as criminal detention.’’ both the Persian Gulf and Korea. But in unprofessional and even heinous Bishop Tutu, in a statement to a forum at we only have the money for one set of acts? the UN Anniversary called for sanctions to be imposed on Burma. equipment, and so we must deploy it in And so, Mr. President, rather than This legislative initiative is long overdue a location where it can swing in a short repeating last year’s mistake by gratu- and will play a critical role in bringing about time to either Korea or the gulf. itously and even mistakenly criticizing a transfer of power to the democratically The United States military—and the the Thai Government, we should cor- elected 1990 representatives, allowing them Thai military—were quite optimistic rect the record. to take their rightful (and legitimate) seats that Thai approval could be obtained Similar considerations apply on the in parliament. for putting these prepo ships off the question of Burmese migrants in Thai- I offer congratulations for implementing shores of Thailand, a long-time ally. this endeavor and hope that your colleagues land. Last year’s foreign operations bill in the Senate will join you in this worthy ef- But the issue became a political hot required a report on ‘‘the Thai Govern- fort which I hope will lead to a political dia- potato in Bangkok and our request was ment’s efforts to impede support for logue and settlement of the Burma conflict denied. Burmese democracy advocates, exiles, and, most importantly, democracy in Burma. The foreign operations provision on and refugees’’ and did so in a way that Most sincerely, IMET and the Khmer Rouge was not seemed to link this issue to the imposi- BETTY WILLIAMS, the only factor in making this politi- tion of conditions on Thailand’s par- Nobel Laureate 1976. cally sensitive in Thailand, but it was ticipation in IMET. AMENDMENT NO. 2754 a factor. I was in Bangkok imme- The bill completely ignored the At an appropriate place in the bill add the diately after the Thai denial and know heavy burden imposed on Thailand’s following new section: that the foreign operations provision economy over a period of many years Sec. . SENSE OF THE SENATE ON THAILAND. drew great attention in the Thai media by the large numbers of Burmese and (a) FINDINGS.—The Senate makes the fol- and great resentment in the Thai Gov- lowing findings— migrants and refugees from other coun- (1) the Royal Thai Government has had a ernment, which unfortunately was ex- tries in the region who have made their policy of not supporting or cooperating with acerbated by similar accusations about way to Thailand. The bill completely the Khmer Rouge; and Thai Government support to the ignored the assistance Thailand is pro- (2) Thailand is host to large numbers of Khmer Rouge from an Australian offi- viding to these migrants and refugees, persons displaced from neighboring coun- cial. as well as Thai facilitation of the as- tries, including Burma, placing a significant Beside contributing to the denial of burden on Thailand’s economy. sistance provided by private and inter- the request to preposition ships, the national relief agencies. (b) SENSE OF THE SENATE.—It is the sense foreign operations provision nearly led of the Senate that the President should— Mr. President, I would like to quote (1) affirm to the Royal Thai Government Thailand to terminate its support for from some official statements about the support of the United States for that our military advisory group in Thai- Thailand’s treatment of displaced per- Government’s policy not to support or co- land, which is responsible for arranging sons. operate with the Khmer Rouge and encour- Thai purchase of United States-pro- State Department spokewoman age the Royal Thai Government to prosecute duced military equipment. Christine Shelley, January 1995: vigorously its efforts to prevent cooperation The great irony is that the concern between individual members of the Royal about Thai Government support to the It has been Thai policy over the years to provide refuge to displaced persons, includ- Thai Armed forces and the Khmer Rouge; Khmer Rouge is off target. Thai Gov- and ing Burmese, for as long as it is unsafe for (2) take appropriate steps to assist the ernment support for the Khmer Rouge them to return to their place of origin. We Royal Thai Government in providing and fa- was a legitimate concern at one time. commend the Thai for this humanitarian cilitating relief to displaced persons from But well before the foreign operations policy. Burma and other neighboring countries and provision was enacted, the Government The Foreign Minister of Australia, to encourage that Government to fully co- of Thailand adopted a policy of not January 1995: operate in such relief efforts. supporting or cooperating with the Thailand has a good record of sheltering Mr. COHEN. Mr. President, last year, Khmer Rouge. United States officials previous waves of Burma border-crossers. Mr. President, the foreign operations in the best position to know confirm The United Nations High Commis- conference report contained a provi- that the Thai Government has adhered sioner for Refugees’ Representative in sion that caused serious difficulties in to this policy. Thus the Thai Govern- Thailand, January 1995: our relationship with Thailand. ment and the Thai people have a rea- The provision conditioned military Permit me to express to . . . the Royal sonable basis for being upset when ac- Thai Government the international commu- education and training for Thailand cusations are made. nity’s gratitude for the temporary asylum and required a report on the Thai mili- As one Thai official told reporters at and asistance that Thailand is providing in tary’s support for the Khmer Rouge. the time, the border area with (Burma), until such This provision was viewed by in Thai- One has to wonder at the American timing. time as conditions in that country are con- land as a ban on military education They come here asking for a tremendous ducive to the return of the affected popu- and training and an accusation that favor at a time when their Congress is lation in conditions of safety and dignity. the Government of Thailand was pro- threatening us over what we believe to be a A coalition of human rights groups in viding support for the Khmer Rouge. nonissue. Burma and international human rights The provision was, in fact, somewhat I do not mean to suggest that there groups, February 1995: more subtle than that, but this was are no Thai military personnel engag- We thank the Royal Thai Government for nonetheless the perception in Thailand ing in any cooperation with members their magnanimous and benevolent treat- and was the basis for the Thai reaction. of the Khmer Rouge. We can, should, ment of the thousands of Burmese refugees This came at a sensitive time in and are encouraging the Thai Govern- taking shelter on Thai territory. United States-Thai military relations, ment to work energetically to prevent In direct response to the accusations as the United States sought Thai ap- such cooperation by individuals or of Thai Government interference with proval to deploy six Army groups of personnel deployed in the relief to displaced Burmese, Secretary prepositioning ships off the Thai coast field. But our military alliance with of State Christopher earlier this year to support potential combat operations Thailand, the value of which stretches reported to the Congress that: in Korea or the Persian Gulf. As chair-

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Royal Thai Government treatment of Bur- EXTENSION OF TIED AID CREDIT PROGRAM AND that the governments of other nations are mese democracy advocates, exiles, and refu- AUTHORITY TO CONDUCT A DEMONSTRATION implementing moratoria on use of anti- gees is generally humane and in accord with PROJECT personnel landmines similar to the United international norms. The Royal Thai Gov- SEC. . EXTENSION OF TIED AID CREDIT PRO- States moratorium, the President may ex- ernment does not, as a matter of policy or GRAM. tend the period for the United States mora- practice, impede humanitarian support for (a) Section 10(c)(2) of the Export-Import torium for such additional period as the non-combatant Burmese in Thailand. Bank Act of 1945 (12 U.S.C. 635i–3(c)(2)) is President considers appropriate. Thailand may not do everything for amended by striking ‘‘1995’’ and inserting (2) OTHER NATIONS.—It is the sense of Con- the 200,000 Burmese migrants and refu- ‘‘1997’’. gress that the President should actively en- gees that some might like, including (b) Section 10(e) of the Export-Import Bank courage the governments of other nations to allowing the use of Thailand as the Act of 1945 (12 U.S.C. 635i–3(e)) is amended by join the United States in solving the global launching pad for political attacks on a striking ‘‘1993, 1994, and 1995’’ and inserting landmine crisis by implementing moratoria on use of antipersonnel landmines similar to well-armed neighbor with whom Bang- ‘‘1996 and 1997’’. SEC. 102. AUTHORITY TO CONDUCT A DEM- the United States moratorium as a step to- kok has no choice but to maintain a ward the elimination of antipersonnel land- constructive relationship. While it is ONSTRATION PROJECT. (a) Notwithstanding section 4701(a)(1)(A) of mines. easy for to tweek Burmese generals title 5, United States Code, the Export-Im- (d) ANTIPERSONNEL LANDMINE EXPORTS.—It from Washington, the Thais do not port Bank of the United States may conduct is the sense of Congress that, consistent with have a buffer of 12 time zones. a demonstration project in accordance with the United States moratorium on exports of I would also note that Thailand has section 4703 of such title 5. antipersonnel landmines and in order to fur- adhered to the Comprehensive Plan of ther discourage the global proliferation of Action, the U.N.-sponsored plan for AMENDMENT NO. 2756 antipersonnel landmines, the United States Government should not sell, license for ex- handling Vietnamese and other mi- On page 45, line 4, after the word ‘‘funds’’ port, or otherwise transfer defense articles grants and refugees in the region. In insert the following: and services to any foreign government ‘‘Provided further, That of the funds appro- contrast, the 104th Congress has called which, as determined by the President, sells, priated under this heading, not less than the CPA into question, triggering riots exports, or otherwise transfers antipersonnel $1,000,000 shall be made available to at migrant camps across Southeast landmines. UNIFEM. Asia. Yet some think it appropriate for (e) DEFINITIONS.— Congress to freeze United States aid For purposes of this Act: AMENDMENT NO. 2757 and cooperation with Bangkok until it (1) ANTIPERSONNEL LANDMINE.—(A) The improves its treatment of migrants in At the appropriate place, insert the fol- term ‘‘antipersonnel landmine’’ means any Thailand. lowing: munition placed under, on, or near the Throughout Southeast Asia the ques- CONVENTIONAL WEAPONS REVIEW ground or other surface area, delivered by ar- tion of whether America intends to re- (a) FINDINGS.—The Congress makes the fol- tillery, rocket, mortar, or similar means, or main engaged is asked constantly by lowing findings: dropped from an aircraft and which is de- political, business, and military lead- (1) On September 26, 1994, the President de- signed, constructed, or adapted to be deto- ers who must calculate with which big clared that it is a goal of the United States nated or exploded by the presence, prox- to eventually eliminate antipersonnel land- imity, or contact of a person. power to cast their lot. Clearly, Mr. mines. (B) The term ‘‘antipersonnel landmine’’ President, if this is the way we treat (2) On December 15, 1994, the United Na- does not include command detonated Clay- our allies in the region, few will view tions General Assembly adopted a resolution more munitions. us as reliable or even reasonable part- sponsored by the United States which called (2) 1980 CONVENTIONAL WEAPONS CONVEN- ners. for international efforts to eliminate anti- TION.—The term ‘‘1980 Conventional Weapons Accordingly, Mr. President, I am of- personnel landmines. Convention’’ means the Convention on Pro- fering this amendment. After last (3) According to the Department of State, hibitions or Restrictions on the Use of Cer- year’s mistake by Congress, it would there are an estimated 80,000,000 to 110,000,000 tain Conventional Weapons Which May Be set the record straight by acknowl- unexploded landmines in 62 countries. Deemed to Be Excessively Injurious or to edging that the Government of Thai- (4) Antipersonnel landmines are routinely Have Indiscriminate Effects, together with used against civilian populations and kill land has had a policy of not supporting the protocols relating thereto, done at Gene- and maim an estimated 70 people each day, va on October 10, 1980. or cooperating with the Khmer Rouge or 26,000 people each year. AMENDMENT NO. 2758 and is host to large numbers of dis- (5) The Secretary of State has noted that placed persons from neighboring coun- landmines are ‘‘slow-motion weapons of mass (Purpose: To extend the authority to admin- tries, placing a significant burden on destruction’’. ister au pair programs through fiscal year the Thai economy. (6) There are hundreds of varieties of anti- 1999.) It also expresses the sense of the Sen- personnel landmines, from a simple type At the appropriate place in the bill, insert ate that the President should affirm to available at a cost of only two dollars to the the following new section: the newly elected Thai Government more complex self-destructing type, and all SEC. lll. EXTENSION OF AU PAIR PROGRAMS. United States support for this Thai landmines of whatever variety kill and maim Section 8 of the Eisenhower Exchange Fel- civilians, as well as combatants, indiscrimi- lowship Act of 1990 is amended in the last policy, established by the last govern- nately. ment, against the Khmer Rouge. It also sentence by striking ‘‘fiscal year 1995’’ and (b) CONVENTIONAL WEAPONS CONVENTION inserting ‘‘fiscal year 1998’’. calls on the President to encourage the REVIEW.—It is the sense of Congress that, at Thai Government to vigorously pursue the United Nations conference to review the AMENDMENT NO. 2759 efforts to prevent freelancers in the 1980 Conventional Weapons Convention, in- Funds appropriated by this Act may be ob- military from violating this policy. cluding Protocol II on landmines, that is to ligated and expended notwithstanding sec- With regard to Burmese in Thailand, be held from September 25 to October 13, tion 10 of Public Law 91–672 and section 15 of the amendment would call on the 1995, the President should actively support the State Department Basic Authorities Act President to encourage Thailand to proposals to modify Protocol II that would of 1956: Provided, That this section shall not apply with respect to any accounts for which fully cooperate with relief efforts. And, implement as rapidly as possible the United States goal of eventually eliminating anti- a general authorization of appropriations for since it is not enough to criticize and personnel landmines. fiscal year 1996 is enacted in law on or before cajole, it would call on the President to (c) MORATORIUM ON USE OF ANTIPERSONNEL April 1, 1996. take appropriate steps to assist Thai- LANDMINES.—(1) UNITED STATES MORATO- AMENDMENT NO. 2760 land in such efforts. RIUM.—(A) For a period of one year beginning (Purpose: To limit the availability of funds I believe that this is a more construc- three years after the date of the enactment for the Government of Haiti until certain of this Act, the United States shall not use tive approach than gratuitously and human rights conditions are met, and for antipersonnel landmines except along inter- even erroneously slamming the Thai other purposes) Government, and I hope that it will nationally recognized national borders or in At the end of the last committee amend- help to salve some of the wounds from demilitarized zones within a perimeter marked area that is monitored by military ment, insert the following: last year’s ill-considered provision. personnel and protected by adequate means SEC. lll. LIMITATION ON ASSISTANCE FOR I urge Senators to support this to ensure the exclusion of civilians. HAITI. amendment. (B) If the President determines, before the (a) LIMITATION—None of the funds appro- AMENDMENT NO. 2755 end of the one year period of the United priated or otherwise made available by this Add the following new Section to Title V: States moratorium under subparagraph (A), Act or any other Act may be furnished to the

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14071 Government of Haiti until the President de- States sent military forces to restore Mr. President, the American people termines and reports in writing to the Con- President Aristide to Haiti. The pur- have seen more than $2 billion of their gress that— pose of U.S. military intervention was tax dollars go to the Hatian operation. (1) the government of Haiti has conducted to promote democracy and increase ob- or is conducting a thorough and professional All this amendment says is do not send investigation into, and prosecution of those servance of human rights. President any more money to the Hatian Govern- responsible for the murder of Mireille Clinton argued that American national ment unless the President certifies Durocher de Bertin on March 28, 1995, and security interests were at stake in they are not conducting political assas- other possible cases of political or Haiti. I disagreed with President Clin- sinations. The amendment is modeled extrajudicial killings, including the 20 cases ton, and I opposed U.S. military inter- after many similar provisions sup- of ‘‘commando-style executions’’ cited by vention in Haiti. ported by Democrats throughout the the United Nations/Organization of Amer- Many of us were concerned that the 1980’s. In addition to certification on ican States International Civilian Mission in invasion and occupation of Haiti would Haiti on September 12, 1995; political killings by Haitian Govern- not substantially change Haiti, and ment forces, it addresses the issue of (2)(A) the police and security forces of could lead to unnecessary casualties. Haiti are not assassinating or abducting ci- Haitian cooperation with the FBI. On vilians, are not engaging in other acts of vio- We were also concerned that it could be March 28, 1995, a Haitian political oppo- lence directed at civilians, and are control- very difficult to withdraw American nent of President Aristide was killed in ling such activities by elements subject to forces once committed to Haiti. broad daylight. President Clinton We should be clear about what Amer- the control of those forces; or promptly offered the services of the (B) the government of Haiti is inves- ican intervention has achieved—Cedras tigating effectively the members within its and the thugs that ran Haiti for 3 years FBI to investigate the brutal slaying. police and security forces engaged in acts of are gone. Human rights violations have At one time, 20 FBI special agents were violence against civilians, and has put in decreased. The lifting of the economic in Haiti. The result of their efforts— place effective policies to deter and punish embargo on Haiti has resulted in some the Government of Haiti stonewalled, such activities in the future. harassed, and refused cooperation. A (3) the Government of Haiti has actively economic activity, and thanks to the professionalism and bravery of Amer- high-priced Miami law firm suddenly sought and encouraged a law enforcement entered the picture to represent mem- service from outside Haiti to assist and mon- ican Armed Forces, American casual- itor investigators of the Government of Haiti ties have been limited. However, one bers of the Haitian Government forces in their investigation of the murders cited in American soldier, Sgt. 1st Class Greg- that the FBI sought to interview. And section lll(1) above; and ory D. Cardott, 36, was shot to death yesterday, the Government of Haiti re- (4)(A) the Government of Haiti has cooper- January 12 in Gonaives, Haiti. leased four Haitians charged with the ated fully and in a timely fashion with U.S. Mr. President, we should also be crime for ‘‘lack of evidence.’’ This is Federal Bureau of Investigation efforts to in- clear about the lack of success in the not justice, this is an outrage. This is vestigate the murder of Mireille Durocher de not good faith, it is an affront to the Bertin, including providing access to Haitian American intervention in Haiti. The government employees in a manner which stated purpose of American interven- risks undertaken by the men and facilitates prosecution of those responsible tion in Haiti was to restore democ- women of the American Armed Forces for her murder; or racy—not just to restore Aristide, but to democratize Haiti. (B) the Government of Haiti has not co- to restore democracy. Elections have My amendment says enough is operated fully and in a timely fashion with been held, but Haiti has failed the enough. No aid unless our concerns are U.S. Federal Bureau of Investigation efforts democratic test. The initial June 25 met. I urge its adoption and ask unani- to investigate the murder of Mireille elections were, by objective accounts, Durocher de Bertin, including providing ac- mous consent that the September 20 cess to Haitian government employees in a deeply flawed. A report from the Carter Reuters article dealing with the death manner which facilitates prosecution of Center and former National Security of Mireille Durocher Bertin and the re- those responsible for her murder, in which Council member Robert Pastor con- lease of the suspects be printed in the case the President shall submit a detailed cluded: ‘‘Of the 13 elections that I have RECORD. accounting of the areas of non-cooperation observed, the June 25 Hatian elections There being no objection, the article and his assessment of all the reasons for were the most disastrous technically, was ordered to be printed in the such non-cooperation by the government of with the most insecure count.’’ Pastor RECORD, as follows: Haiti. further states that he witnessed ‘‘the (b) REPORT.—Not later than 60 days after compromise of one-third of the ballot FOUR HAITIAN SUSPECTS FREED FOR LACK OF enactment of this section, the President EVIDENCE shall report to the appropriate committees boxes in Port-au-Prince.’’ Pastor con- of Congress, based on information available cludes that ‘‘the international commu- PORT-AU-PRINCE.—Four people arrested six to him, on the identity or identities of those nity will not help Haiti’s democratic months ago in connection with the killing of responsible for the murder and any subse- process by being silent or dishonest. It a leading opponent of Haitian President quent coverup, and on the status of the Gov- has a responsibility to insist that the Jean-Bertrand Aristide were freed Tuesday ernment of Haiti’s investigation of: for lack of evidence, diplomatic and family parties’ concerns be effectively ad- sources said. (1) the murder of American citizen Richard dressed.’’ The OAS concluded that it Andre Emmanuel on February 13, 1991; Those freed included brothers Eddy and (2) the murders of Bastian Desrosiers, Ste- could not determine whether the elec- Patrick Moise, members of the Front for venson Desrosiers, Jacques Nelio, Pierre tion was free and fair. United Militants, a far-left paramilitary Schiller and Louis Walky on July 26, 1991; The human rights situation in Haiti group with alleged ties to Libya, who were (3) the murder of Reverend Sylvio Claude is not something America should be arrested March 19 for allegedly plotting to on September 17, 1991; proud of. The joint United Nations Or- kill lawyer Mireille Durocher Bertin. (4) the murder of Roger Lanfontant on Sep- ganization of American States Inter- An ardent defender of former military tember 29, 1991; national Civilian Mission in Haiti has chief Lt. Gen. Raoul Cedras, Bertin and a cli- (5) the murder of Antoine Izmery on Sep- identified some 20 cases of ‘‘commando- ent of hers, Eugene Baillergeau, were gunned tember 11, 1993; and down on a busy street in the capital March (6) the murder of Minister of Justice Guy style’’ executions in which theft does 28—nine days after the arrest of the Moise Malary on October 14, 1993. not seem to have been the motive. brothers. (c) HUMANITARIAN ASSISTANCE.—Nothing in Some might argue that Haiti should this section shall be construed to restrict the not be held to a high standard, or that ‘‘It doesn’t mean they are not guilty,’’ said provision of humanitarian or electoral as- there have not been enough killings to a diplomat, who spoke on condition of ano- sistance to the Haitian people by non-gov- nymity. ‘‘But there is just no evidence, no be concerned. I disagree. The standard evidence acceptable in a court of law.’’ ernmental or private voluntary organiza- should be much higher for a country tions. Also freed were Haitian-American Claude (d) WAIVER.—The President may waive the which was invaded and occupied by Douge and his wife Evelyn. American military forces. The Govern- requirements of this section if he determines ‘‘If anything had happened to these people and certifies to the appropriate committees ment of Haiti was put in place by in jail it would have been a huge embarrass- of Congress that it is necessary to facilitate American military power. That makes ment for the government,’’ the diplomat the safe and timely withdrawal of American the situation fundamentally different noted. forces from Haiti. from a country like El Salvador where The spectacular daytime killing prompted Mr. DOLE. Mr. President, it has been we simply provided military assist- alarm among Republicans in the U.S. Con- almost exactly 1 year since the United ance. gress that Aristide, ousted in a 1991 coup,

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14072 CONGRESSIONAL RECORD — SENATE September 21, 1995 may have sanctioned acts of vengeance Mr. President, the arms embargo has Mr. President, this a Croatian-Amer- against his political opponents since his res- prolonged the war in Bosnia. If it had ican enterprise fund would offer hope toration to office by U.S.-led multinational been lifted 31⁄2 years ago, the war would and opportunity to the average Cro- troops in October. have been over—with far less suffering. atian—whether he or she is a would-be But F.B.I. investigators who arrived in Haiti a day after the double assassination Moreover, a couple weeks of NATO air restauranteur or shopowner. Croatia have not turned up any findings and dip- strikes do not substitute for allowing a has a lot of economic potential—next lomats say there is no evidence linking sovereign nation to defend itself. This year should be a big year for Croatia’s Aristide to a recent string of professional- issue may be delayed, but cannot be tourist industry, in particular. style murders. avoided. I would also like to point out that The decision to release the four detainees I hope that my colleagues will sup- the Croatian-American community in came a few days after two former army sup- port this measure, as they have sup- the United States has distinguished porters, imprisoned on charges of plotting to ported lifting the arms embargo on itself in many business sectors and will destabilize the government during pre-Lent- Bosnia. en carnival celebrations, were also freed for prove to be a rich source of support and lack of evidence. AMENDMENT NO. 2762 expertise for the Croatian-American Observers said the government was re- (Purpose: To establish the Croatian-Amer- enterprise fund. sponding to pressures from human rights ican Enterprise Fund and make available Mr. President, I believe that the time groups and Republicans in Congress who funds to support the Fund) is right for establishing this fund and I have repeatedly threatened to cut aid to the At the appropriate place in the bill, insert urge my colleagues to support it. Aristide government. the following new section: AMENDMENT NO. 2763 AMENDMENT NO. 2761 SEC. . CROATIAN-AMERICAN ENTERPRISE FUND. (a) DESIGNATION OF FUND.—The President (Purpose: To increase the total value of de- (Purpose: To earmark funds for humani- shall designate a private, nonprofit organiza- fense articles and defense services which tarian assistance to the former Yugo- tion as eligible to receive funds and support may be transferred to the Government of slavia) pursuant to this section with respect to Cro- Bosnia and Hercegovina under the legisla- Before the period at the end of the heading atia in the same manner and with the same tion) entitled ‘‘INTERNATIONAL DISASTER ASSIST- limitations as set forth in section 201(d) of In subsection (b) of the section entitled ANCE’’, insert the following: ‘‘: Provided, That the Support for East European Democracy of the amount appropriated under this head- ‘‘AUTHORITY TO ASSIST BOSNIA-HERZEGOVINA’’, (SEED) Act of 1989. Such organization shall strike ‘‘$50,000,000’’ and insert ‘‘$100,000,000’’. ing, $40,000,000 should be available only for be known as the ‘‘Croatian-American Enter- emergency humanitarian assistance to the Mr. DOLE. Mr. President, I offer an prise Fund’’. former Yugoslavia, of which amount not less (b) APPLICATION OF SEED ACT.—Except as amendment which would amend Sec- than $6,000,000 shall be available only for hu- otherwise specifically provided in this sec- tion 540(b) to increase the Department manitarian assistance to Kosova’’. tion, the provisions contained in section 201 of Defense draw down authority in this of the Support for East European Democracy Mr. DOLE. Mr. President, I offer an bill for Bosnia and Herzegovina from (SEED) Act of 1989 (excluding the authoriza- amendment which would earmark $40 $50 million to $100 million. I am joined tions of appropriations provided in sub- million for emergency humanitarian by the distinguished chairman of the section (b) of that section) shall apply to the assistance to the former Yugoslavia Foreign Relations Committee, and the Croatian-American Enterprise Fund. The of- with no less than $6 million of that distinguished Senator from Con- ficers, members, or employees of the Cro- atian-American Enterprise Fund shall enjoy amount for Kosova. necticut, Senator LIEBERMAN. This au- While there is some new optimism thority could be exercised pursuant to the same status under law that is applicable to officers, members, or employees of the En- about the prospects for a settlement in either a lifting of the United Nations terprise Funds for Poland and Hungary under Bosnia and Herzegovina, the humani- arms embargo on Bosnia or a unilat- the Support for East European Democracy tarian situation remains grim for large eral lifting of the United States arms (SEED) Act of 1989. segments of the population of the embargo. (c) AUTHORIZATION OF APPROPRIATIONS.—(1) former Yugoslavia. Winter is fast ap- Mr. President, there is no doubt that There are authorized to be appropriated to the President for purposes of this section, in proaching. Life in Sarajevo is still one the majority—an overwhelming major- of minimum subsistence. Gorazde is a ity—of the United States Congress sup- addition to funds otherwise available for such purposes, $12,000,000 for fiscal year 1996 large refugee camp surrounded by hos- ports lifting the arms embargo on Bos- to fund the Croatian-American Enterprise tile forces. Thousands of refugees are nia. And there should be no doubt that Fund established under subsection (a). flooding the town of Banja Luka. some time in the not so distant future (2) Funds appropriated under this sub- The bottom line is that even if a the arms embargo will be lifted. Under section are authorized to remain available peace settlement were signed tomor- what circumstances, I am not certain. until expended. row, the humanitarian situation in It will depend on developments over (d) APPROPRIATIONS.—Of the funds appro- Bosnia would not repair itself over- the next couple of weeks. priated or otherwise made available by this Act under the heading entitled ‘‘ASSISTANCE night—nor over the next few weeks and Nevertheless, we need to be prepared FOR EASTERN EUROPE AND THE BALTIC months. The humanitarian crisis will to provide the Bosnians with meaning- STATES’’, $12,000,000 shall be available only to remain with us for the foreseeable fu- ful military assistance—whether in the support the Croatian-American Fund estab- ture. context of continued fighting or as part lished by subsection (a). Furthermore, a peace settlement of a settlement. In spite of the recent Mr. DOLE. Mr. President, I rise to administration euphoria over prospects along the lines pursued by the adminis- offer an amendment, together with the tration would not address Kosova—a for peace, according to news reports distinguished Senator from Utah [Sen- today the Bosnian Serbs violated the serious error from my perspective. In ator HATCH] which would create an en- Kosova, 2 million Albanians continue no-fly zone and conducted air strikes terprise fund for Croatia and makes on Bosnian and Croat positions. These to live as they have for the past 6 available $12 million for that purpose. years—under martial law, without jobs planes reportedly came from Banja Much has changed in Croatia over and without enough food and medicine. Luka airfield—which escaped the wrath the past few months. Less than 5 per- And so, I believe that we must do of the NATO bombing campaign. The cent of Croatian territory is not under what we can to ensure that the people fact is that the war is not over. the Government’s control. As a result, of the former Yugoslavia, particularly Passage of this measure will also fa- the number of displaced persons is rap- in Bosnia and Herzegovina and Kosova, cilitate Senate consideration of the idly dwindling. Multilateral Bosnia and Herzegovina It seems to me that with the situa- are provided with food and medicine to Self-Defense Fund—introduced by tion in Croatia normalizing, with the relieve their suffering. Chairman HELMS—which would create return of displaced persons to their I trust that my colleagues will sup- a multilateral fund for contributions hometowns and villages, that an enter- port this amendment. from the United States and other coun- prise fund could make a significant AMENDMENT NO. 2764 tries for the defense of Bosnia. These contribution to Croatia’s economy. (Purpose: To impose sanctions against contributions of equipment or financial Moreover, it would do so in a way that countries harboring war criminals) aid would be held in a U.S. chaired fund would promote free enterprise and a At the appropriate place in the bill, insert until the U.S. arms embargo is lifted. market economy—American values. the following new section:

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14073 SEC. . SANCTIONS AGAINST COUNTRIES HAR- horrors of starving and tortured Bos- the exception of humanitarian or ref- BORING WAR CRIMINALS. nian Moslems herded into concentra- ugee assistance—to activities in the (a) BILATERAL ASSISTANCE.—Assistance may not be provided in any fiscal year under tion camps at Manjaca and Omarska. territory of the Bosniac-Croat Federa- the Foreign Assistance Act of 1961 or the CNN brought the haunting images of tion. Arms Export Control Act for any country de- the Rwandan genocide into our living The purpose of this amendment is scribed in subsection (c). rooms. two-fold: to induce Bosnia to remain (b) MULTILATERAL ASSISTANCE.—The Sec- These crimes against humanity can- unified and to guard against United retary of the Treasury shall instruct the not be swept aside or forgotten. We States assistance falling into the hands United States executive directors of the cannot pretend not to know the truth. of war criminals. international financial institutions each fis- And because we know the truth, we cal year to work in opposition to, and vote The fact is that the recently con- against, any extension by such institutions have a duty to do all we can to bring cluded ‘‘Agreed principles’’ recognizes of financing or financial or technical assist- those responsible to justice. two entities: the Bosniac-Croat Federa- ance to any country described in subsection The International War Crimes Tri- tion and a Bosnian Serb Republic. (c). bunal for the former Yugoslavia, under There is no agreement on a super- (c) SANCTIONED COUNTRIES.—A country de- the able leadership of Justice structure to unite these entities. The scribed in this subsection is a country the Goldstone of South Africa, has already goal of the Bosnian Serb leadership has government of which permits entry into or handed down a number of indict- been to break away from the Republic presence in the territory of such country to ments—to include Gen. Ratko Mladic, any person— of Bosnia and Herzegovina. There are (1) who has been indicted by the Inter- the commander of Bosnian Serb forces no signs that this goal has been aban- national Criminal Tribunal for the former and Radovan Karadzic, the leader of doned nor are there any indications Yugoslavia, the International Criminal Tri- the Bosnian Serbs. However, the tri- that recognizing a Bosnian Serb repub- bunal for Rwanda, or any other international bunal does not have the means to pur- lic is not just an interim step toward a tribunal with similar standing under inter- sue these indicted. It is up to the coun- Greater Serbia. national law, or tries where these indicted war crimi- (2) who has been indicted for war crimes or Furthermore, there are no guaran- nals reside to turn them over. tees or provisions in the ‘‘Agreed prin- crimes against humanity committed during Mr. President, the provisions of this the period beginning March 23, 1933 and end- ciples’’ to ensure that the Bosnian Serb ing on May 8, 1945 under the direction of, or legislation would apply not only to war republic will not have at its helm in- in association with— criminals indicted by the International dicted war criminals such as Radovan (A) the Nazi government of Germany; War Crimes Tribunals for the former Karadzic and General Mladic. So, if we (B) any government in any area occupied Yugoslavia and Rwanda, but to any in- do not make some provision in this leg- by the military forces of the Nazi govern- dividuals indicted for war crimes—in- ment of Germany; islation to take this possibility into ac- cluding Nazi war criminals. count, United States assistance could (C) any government which was established I want to bring to my colleagues at- end up in the hands of those indicted with the assistance or cooperation of the tention that one of the most notorious Nazi government of Germany; or by the International War Crimes Tri- Nazi war criminals, Alois Brunner, is (D) any government which was an ally of bunal for the former Yugoslavia. the Nazi government of Germany. still alive and believed to be residing in Mr. President, I believe that this leg- (d) DEFINITIONS.—As used in this section— Syria—where he went around 1955. islation sends a strong message of sup- (1) the term ‘‘international financial insti- Brunner is the former aide to Adolf tutions’’ includes the International Bank for port for a unified Bosnia and Eichman and has been blamed for the Herzegovina, while protecting United Reconstruction and Development, the Inter- deaths of 100,000 to 120,000 Jews and national Development Association, the States interests. My office has been in International Monetary Fund, the European 60,000 non-Jews. His job was to ship contact with the Serb members of the Bank for Reconstruction and Development, prisoners under his charge to con- Bosnian Presidency and they have indi- the International Finance Corporation, the centration camps. If it is true that cated their support for this measure. In Multilateral Investment Guarantee Agency, Brunner is residing in Syria, then the Inter-American Development Bank, the their view, this amendment if adopted Syria would be subject to the sanctions will not only encourage Bosnian Serbs Inter-American Investment Corporation, the under this legislation. African Development Bank, the African De- I hope that all of my colleagues will to remain in Bosnia, but will prevent velopment Fund, and the Asian Development support this legislation. Passing this United States assistance from being Bank; and used to shore up the leadership posi- (2) the term ‘‘war crime’’ includes any of- measure will send a strong message to war criminals that there are few places tions of Bosnian Serb separatists and fense which is— war criminals. (A) a grave breach of any of the four Gene- of safe refuge for them. It will also va Conventions for the Protection of War send the message to countries that pro- I hope that all of my colleagues will Victims of August 12, 1949; vide sanctuary to individuals indicted support this measure. (B) a violation of the Hague Convention for crimes against humanity, that AMENDMENT NO. 2766 (IV) Respecting the Laws and Customs of there is a significant price to pay. At an appropriate place in the bill in- War on Land of October 18, 1907, or the Regu- sert the following new section: lations annexed thereto; AMENDMENT NO. 2765 (C) a violation of the Convention on the (Purpose: To limit the use of funds for Bos- ‘‘SEC. . RUSSIAN COMPLIANCE WITH THE CFE nia and Herzegovina (other than for ref- TREATY AND PRIORITIES FOR MODI- Prevention and Punishment of the Crime of FYING EXISTING ARMS CONTROL Genocide of December 9, 1948; or ugee or disaster assistance) to activities in TREATIES. (D) a violation of the Charter of the Inter- the territory of the Bosniac-Croat Federa- ‘‘It is the sense of the Senate that— national Military Tribunal of August 8, 1945. tion) ‘‘(a) the failure by the Russian Federation Mr. DOLE. Mr. President, I offer an On page 121, after line 24, insert the fol- to meet any obligation under the Treaty of amendment which I believe is of great lowing new section: the Conventional Armed Forces in Europe significance—and reflects our commit- LIMITATION ON FUNDS TO THE TERRITORY OF shall constitute non-compliance with the ment to the pursuit of justice around THE BOSNIAC-CROAT FEDERATION. Treaty; the world. SEC. 605. Funds appropriated by this Act ‘‘(b) the United States should insist on full This amendment would penalize any for activities in the internationally-recog- compliance by the Russian Federation with nized borders of Bosnia and Herzegovina all of the obligations of the Treaty on Con- country that permits entry into or per- (other than refugee and disaster assistance ventional Armed Forces in Europe; mits the presence of any person in- and assistance for restoration of infrastruc- ‘‘(c) the Treaty on Conventional Armed dicted for war crimes. Very simply, ture, to include power grids, water supplies Forces in Europe provides adequate means this amendment would prohibit U.S. bi- and natural gas) may only be made available by which the Russian Federation can meet lateral assistance or support for multi- for activities in the territory of the Bosniac- its claimed military requirements for treaty- lateral assistance from international Croat Federation. limited equipment in the flank zone defined financial institutions to any country Mr. DOLE. Mr. President, I rise to by Article V of the Treaty, including move- offer an amendment, together with the ment of equipment within the flank zone, that provides sanctuary to war crimi- temporary deployment of additional equip- nals. distinguished senator from Delaware, ment to the flank zone, and the temporary Over the past 3 years, we have been Senator BIDEN, which would limit the removal of equipment from designated per- witnesses to crimes against humanity. availability for United States assist- manent storage sites located in the flank Courageous journalists revealed the ance to Bosnia and Herzegovina—with zone; and’’.

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14074 CONGRESSIONAL RECORD — SENATE September 21, 1995 AMENDMENT NO. 2767 of the United Nations set forth in the United This amendment has two key ele- Purpose: To require the submission to Con- Nations Charter; ments. First, it states sense of Con- gress of a plan making recommendations (C) the increased cooperation, and the gress that the United States should elimination of duplication, among United for a strategic reorganization of the United lead an effort to develop and imple- Nations Nations agencies and programs; (D) the consolidation of the United Nations ment reforms of the United Nations, On page 121, after line 24, add the following technical cooperation activities between the and it outlines several specific reform new section: United Nations Headquarters and the offices proposals that should be considered. PLAN RECOMMENDING A STRATEGIC RE- of the United Nations in Geneva, Switzer- This not intended to be an exhaustive ORGANIZATION OF THE UNITED NA- land, including the merger of the technical list but rather to outline several pro- TIONS cooperation functions of the United Nations posals that are of particular concern. Development Program (UNDP), the United SEC. ll. (a) SENSE OF CONGRESS REGARD- Second, it requires that the President ING UNITED NATIONS REFORM.—It is the sense Nations Population Fund (UNFPA), the of Congress that— United Nations Environmental Program submit to Congress along with his fis- (1) the 50th anniversary of the United Na- (UNEP), the United Nations Industrial De- cal year 1997 budget a plan recom- tions provides an important opportunity for velopment Organization (UNIDO), the Inter- mending a strategic reorganization of a comprehensive review of the strengths and national Fund for Agricultural Development the United Nations. It also requires weaknesses of the United Nations and for the (IFAD), the United Nations Capital Develop- that Congress be closely consulted as identification and implementation of ment Fund (UNCDF), and the United Nations the administration develops this plan. changes in the United Nation that would im- Development Fund for Women (UNIFEM); prove its ability to discharge effectively the (E) the consolidation of the United Nations Mr. President, I long have had a keen objectives of the United Nations set forth in emergency response mechanism by merging interest in reforming the United Na- the United Nations Charter; the emergency functions of relevant United tions. This is an effort I have under- (2) the structure of the United Nations sys- Nations agencies, including the United Na- taken with colleagues in both Houses tem, which has evolved over 50 years, should tions Children’s Fund, the World Food Pro- and on both sides of the aisle. I believe be subject to a comprehensive review in gram, and the Office of the United Nations it is imperative that we start to bring High Commissioner for Refugees; order to identify the changes to the system together the many divergent voices that will best serve the interests of the (F) a substantial reduction in, or elimi- United States and of the international com- nation of, the cost and number of inter- calling for U.N. reform and develop a munity; national conferences sponsored by the single, responsible agenda for reform (3) the United States, as the strongest United Nations; that all Americans can support. member state of the United Nations, should (G) a significant strengthening of the ad- The language I propose today is a lead this comprehensive review; ministrative and management capabilities of the Secretary General of the United Nations, small step, but I believe it will help us (4) reforms that produce a smaller, more advance toward the goal of reaching focused, more efficient United Nations with including a cessation of the practice of re- clearly defined missions are in the interest serving top Secretariat posts for citizens of consensus on what reforms we believe of the United States and of the United Na- particular countries; the United Nations must undertake. I tions; (H) a significant increase in the openness urge my colleagues to support this (5) the United States should develop a uni- to the public of the budget decision-making amendment. procedures of the United Nations; and fied position in support of reforms at the The PRESIDING OFFICER. Without United Nations that are broadly supported (I) the establishment of a truly inde- by both the legislative branch and the execu- pendent inspector general at the United Na- objection, the amendments are agreed tive branch; tions; and to, en bloc. (4) include proposals to coordinate and im- (6) the need for reform of the United Na- So the amendments (Nos. 2734 plement proposals for reform of the United tions is urgent; and through 2767) were agreed to. (7) the failure to develop and implement Nations such as those proposals set forth in promptly a strategic reorganization of the the communique of the 21st annual summit Mr. MCCONNELL. Mr. President, I United Nations will result in a continued of the Heads of State and Government of the move to reconsider the vote. diminution of the relevance of the United seven major industrialized nations and the Mr. LEAHY. I move to lay that mo- President of the European Commission at Nations to United States foreign policy and tion on the table. to international politics generally. Halifax, Nova Scotia, dated June 15–17, 1995. (b) UNITED NATIONS REORGANIZATION Mrs. KASSEBAUM. Mr. President, I The motion to lay on the table was PLAN.— rise today to offer an amendment to agreed to. (1) REQUIREMENT FOR PLAN.—The President help focus our approach to reform of MICROENTERPRISE PROGRAMS shall submit to Congress, together with the the United Nations and to ensure that Mr. DASCHLE. Mr. President, I budget submitted pursuant to section 1105 of Congress is fully involved in adminis- title 31, United States Code, for fiscal year would like to engage the distinguished 1997, a plan recommending a strategic reor- tration initiatives on this important chairman of the Appropriations Sub- ganization of the United Nations. matter. committee on Foreign Operations, Sen- This amendment is identical to lan- (2) REQUIREMENT RELATING TO DEVELOP- ator MCCONNELL, and the distinguished guage that was included in S. 908, the MENT.—The President shall develop the plan ranking member of the subcommittee, in consultation with Congress. State Department authorization bill, Senator LEAHY, in a colloquy on micro- (3) PLAN ELEMENTS.—The plan should in- except I have deleted a paragraph, to enterprise programs and H.R. 1868, the clude the elements described in subsection which the administration objected, fiscal year 1996 Foreign Operations, Ex- (c) and such other recommendations as may which would have called for a review of port Financing, and Related Programs be necessary to achieve the efficient, cost-ef- potential amendments to the U.N. fective conduct of the responsibilities of the appropriation bill. United Nations. Charter. The amendment before us fo- Mr. MCCONNELL. Mr. President, (c) CONTENTS OF REORGANIZATION PLAN.—It cuses exclusively on reforms that can is the sense of the Congress that the reorga- be achieved without opening the char- Senator LEAHY and I would be happy to nization plan required by subsection (b)(1) ter to amendment. discuss the provisions in the appropria- should— The administration has welcomed tions bill regarding microenterprise (1) constitute a comprehensive statement this initiative generally and has not programs with the Democratic leader, of United States policy toward reform of the opposed other provisions of this amend- Senator DASCHLE. United Nations; (2) set forth an agenda to implement the ment, which was accepted in the man- Mr. DASCHLE. Mr. President, before reforms set forth in the plan in a timely ager’s amendment to S. 908. When Con- discussing the fiscal year 1996 Foreign manner; gressman LEE HAMILTON and I outlined Operations appropriations bill, I would (3) include specific proposals to achieve— our thoughts on U.N. reform earlier like to express my sincere appreciation (A) a substantial reduction in the number this year, we were strongly encouraged for the support the chairman and the of agencies within the United Nations sys- by the support we received from many ranking member have given micro- tem, including proposals to consolidate, different quarters, including from the enterprise lending programs in the abolish, or restructure mechanisms for fi- White House and from the majority past. Their leadership in this regard nancing agencies of the United Nations that have a low priority; leader, Senator DOLE. My hope is that has made it possible for microenter- (B) the identification and strengthening of this amendment will provide a frame- prise programs to improve the lives of the core agencies of the United Nations sys- work for building a broad-based con- millions of poor people around the tem that most directly serve the objectives sensus on U.N. reform. world.

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14075 Mr. President, I understand the fiscal this matter and would like to assure estinians satisfactorily resolved ques- year 1996 Foreign Operations appro- the Democratic leader that we will do tions that had been raised about exist- priations bill, as approved by the Ap- everything we can to include these rec- ing Palestinian institutions in Jeru- propriations Committee, does not des- ommendations into the conference re- salem. The amendment included in the ignate a specific level of support for port. bill would deny assistance to the PLO microenterprise poverty programs. Mr. DASCHLE. Mr. President, I want if it were to fund a new office in Jeru- Mr. MCCONNELL. Mr. President, the to thank the chairman and the ranking salem that did not conform to Israeli- Senator is correct. In an effort to member of the Appropriations Sub- Palestinian agreements and under- maximize the President’s flexibility, committee on Foreign Operations for standings. A second amendment in- the committee recommended the con- their clarification and assurances. cluded in the bill requires the PLO to solidation of a number of bilateral eco- Mr. HATFIELD. Mr. President, I cooperate fully with the United States nomic assistance accounts including would like to begin by commending my on the provision of information on U.S. microenterprise poverty programs. colleagues the chairman of the sub- nationals known to have been held by Mr. LEAHY. Mr. President, although committee, Senator MCCONNELL, and the PLO or its factions. This amend- the committee did not designate spe- the ranking member, Senator LEAHY, ment would cut off U.S. assistance if cific earmarks for microenterprise pov- for their efforts on this bill. the PLO is not responsive to further, erty programs, I would point out that While I am not pleased with the de- specific U.S. requests for information the report accompanying the bill in- creasing funding allocation for foreign that may be in its possession. cludes language reaffirming the com- aid operations, I understand the reality Mrs. BOXER. Mr. President, in our mittee’s strong support for the pro- we face with regard to all of our discre- Nation’s continuing efforts to balance gram’s efforts to encourage micro and tionary spending. I support bringing the budget, calls to slash foreign as- small business as a means to help the our budget into balance and believe we sistance are frequently heard. I will truly poor transition out of poverty. must make sacrifices to achieve this take a few moments today to explain Mr. MCCONNELL. Mr. President, the end. ranking member is correct. The com- my thoughts on the importance of our However, I continue to believe that foreign assistance programs and the mittee—on a bipartisan basis—agrees foreign aid serves important U.S. inter- that these programs promote sustain- continuing need for U.S. leadership ests. We have much more work ahead around the world. able, market-base development at rel- as we try to build basic health, edu- It must be understood that foreign atively little cost and deserve our sup- cation, and welfare infrastructures in assistance is only a minuscule fraction port. the developing world. Of course, this of the Federal budget—less than 1 Mr. DASCHLE. Mr. President, it is cannot be an isolated U.S. effort. We penny of every dollar spent by the Gov- also my understanding that the com- must continue to work with our friends ernment is used for foreign assistance. mittee included language in the bill and allies throughout the world to ex- And since the end of World War II, the that requires a proportional allocation pand global development efforts. share of the Federal budget dedicated for accounts consistent with levels en- My opposition to the military aid in to foreign assistance has consistently acted in fiscal year 1995. this bill remains firm. The United Mr. LEAHY. Mr. President, that is declined. Foreign assistance is not States should be ashamed by the level correct. The committee recommends busting the Federal budget. That is a of arms sales included year after year approximately $2.1 billion for tradi- simple fact. Those who believe that we in this bill. I would much rather see tional bilateral aid, which is approxi- can balance the budget painlessly over- this money go toward development as- mately 16 percent less than the level night by slashing foreign assistance are sistance. appropriated for fiscal year 1995. To en- Funding for international family simply wrong. sure that no single account sustains an planning assistance continues to be one What do we get for the 1 percent of unreasonable share of reductions, the of my priorities. I have included an the budget we invest in foreign assist- committee included language in the earmark for the central office or core ance? In my view, our meager invest- bill that requires a proportional alloca- funding for AID Office of Population. ment has yielded incalculably valuable tion among accounts consistent with This earmark will ensure the continued returns. Through foreign assistance, we appropriated levels in fiscal year 1995. success of AID’s population program, have promoted peace and stability It flows from that premise that, as the which is arguably the best in the throughout the world and avoided committee report states, microenter- world. Over the past 30 years, this pro- countless wars and their tremendous prise poverty programs deserve support gram has been adjusted and finetuned human and financial costs. substantially consistent with last For example, in the Middle East—one year’s level. time and again so that it runs as effi- ciently and effectively as it does today. of the most explosive regions of the Mr. DASCHLE. Mr. President, I ap- world—our commitment to a strong preciate knowing that the committee In addition, I am pleased by the level and secure Israel and our dedication to continues to support microenterprise of funding for migration and refugee the framework established in the Camp programs and included bill language assistance. Worldwide, we continue to David accords has been a major con- protecting development assistance see a rise in the number of refugees tributor to the peace process now un- from disproportional cuts. As a long- fleeing ethnic strife, civil war, and po- derway. time proponent of microenterprise pro- litical persecution. The United States grams, I would like to encourage the must retain a strong commitment to Through our foreign assistance pro- chairman and the ranking member to providing for the protection and care of grams, we have shown unequivocally do everything they can to maintain ap- these refugees. that the United States strongly sup- propriate funding for these programs It is my hope that the Senate will act ports the State of Israel as a friend, fel- when they go to conference with the quickly to pass this bill and conference low democracy, and key strategic ally. House. with the House so that we can get it on We have sent the equally important I would also encourage Senate con- the President’s desk as soon as pos- message to Israel’s neighbors that they ferees to insist on conference report sible. will be welcomed into the community language reflecting that commitment MEPFA AMENDMENTS of nations if they are willing to make as well as encouraging AID to allocate Mr. LEAHY. Mr. President, the bill peace. That was the spirit of the Camp one-half of microenterprise resources also includes several floor amendments David accords. to poverty lending programs that pro- to the Middle East Peace Facilitation More recently, Israel has reached vide loans of less than $300 and to chan- Act of 1995. One relates to Palestinian major agreements with Jordan and the nel up to $39 million through central Authority offices in Jerusalem. Under Palestinians. Each of these historic mechanisms structured to meet the the Israel-Palestinian agreements, the agreements was reached with the as- goals of nongovernmental organiza- Palestinian Authority may only main- sistance of U.S. facilitators and the tions like the Grameen Trust. tain offices in the areas under its juris- promise of our development assistance. Mr. MCCONNELL. Mr. President, diction, which do not include Jeru- Without the promise of foreign assist- Senator LEAHY and I have discussed salem. Recently, Israel and the Pal- ance, it is possible that none of these

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14076 CONGRESSIONAL RECORD — SENATE September 21, 1995 important agreements would have been FOREIGN OPERATIONS SUBCOMMITTEE—Continued UNFPA has proven its expertise in reached. [Spending totals—Senate-reported bill (fiscal year 1996, in millions of this area since its founding in 1969, in- The bill before the Senate today dollars] creasing availability of contraceptives wisely builds upon the peace process by in the developing world, reducing popu- Budget Outlays earmarking funds for our Camp David authority lation growths, and saving lives. I be- partners. Also the bill includes a new Subtotal mandatory ...... 12,300 5,841 lieve that U.S. contributions to the legislative provision, the Middle East U.N. Fund for Population Activities is Peace Facilitation Act of 1995, which Adjusted bill total ...... 24,668 19,632 will enable the administration to con- appropriate and wise, and I oppose this Senate Subcommittee 602(b) allocation: attempt to prevent funding to be used tinue to play an active role in the Mid- Defense discretionary ...... dle East peace process. Nondefense discretionary ...... 12,368 13,918 for this purpose. Violent crime reduction trust fund ...... For these and other reasons, I urge Mandatory ...... 44 44 Mr. BYRD. Mr. President, this for- my colleagues to support this bill. eign operations appropriations bill, to- Mr. DOMENICI. Mr. President, I rise Total allocation ...... 12,412 13,962 taling $12.3 billion, is 16.5 percent in support of H.R. 1868, the foreign op- Adjusted bill total compared to Senate Sub- below the President’s request of $15.2 erations, export financing, and related committee 602(b) allocation: Defense discretionary ...... billion. In most respects, it represents agencies bill for fiscal year 1996. Nondefense discretionary ...... ¥127 I am pleased to join the committee in Violent crime reduction trust fund ...... a substantial change from previous for- supporting the passage of this bill by Mandatory ...... 12,256 5,797 eign operations bills. Bilateral eco- the full Senate. Total allocation ...... 12,256 5,670 nomic assistance is cut 22 percent Mr. President, the foreign operations Note: Details may not add to totals due to rounding. Totals adjusted for below the President’s request. U.S. appropriations bill provides $12.3 bil- consistency with current scorekeeping conventions. contributions to multilateral develop- lion in budget authority and $5.9 bil- Mrs. FEINSTEIN. Mr. President, I ment banks are cut by 43 percent from lion in new outlays to operate the pro- am pleased that the Senate Appropria- the fiscal year 1996 request. While grams of the Department of State, ex- tions Committee has wisely earmarked harsh, these cuts are in keeping with port and military assistance, bilateral $350 million for the Office of Popu- the other deep and painful cuts being and multilateral economic assistance, lation at the U.S. Agency for Develop- and related agencies for fiscal year made in most other appropriations ment because I understand the extreme bills that fund vital domestic pro- 1996. importance of family planning program When outlays from prior-year budget grams. availability and population assistance. authority and other completed actions Investment in population assistant In one important respect, however, are taken into account, the Senate bill programs today will save us from much this foreign aid appropriations bill has totals $12.3 billion in BA and $13.8 bil- more costly investments in the future not changed to reflect either the cur- lion in outlays for fiscal year 1996. when unchecked population growth re- rent difficult budget realities or the The bill is at the subcommittee’s sults in environmental deterioration, 602(b) allocation for budget authority changing world situation. Assistance scarcity of resources, and pronounced and $127.2 million in outlays below the to Israel and Egypt, and particularly to economic hardship. Overpopulation is subcommittee’s section 602(b) alloca- Israel, remains constant. In fiscal year one of the most serious problems our tion. It is $2.4 billion in BA and $0.5 bil- 1995, Israel received over one-third of world faces today. lion in outlays below the President’s the total foreign aid appropriation of Reducing spending in these areas will budget request. It is $442.5 million in $14.4 billion. Israel’s $5.0 billion in for- have the immediate effect of nega- BA and $13.4 million in outlays above eign aid from the United States in- tively impacting, in a serious way, the the House-passed bill. health and well-being of women and cluded $1.2 billion in economic support I want to thank the distinguished children. funds—a direct cash infusion to the chairman and ranking member of the However, I oppose the attempt to Israeli Government’s coffers—$1.8 bil- full Appropriations Committee, as well prevent these U.S. funds deemed for lion in foreign military financing as my friends on the subcommittee, for population planning assistance from grants; $80 million in refugee settle- deleting a provision in the bill that in- contributing to the United Nations ment grants; $2.0 billion in loan guar- cluded a directive with respect to the Fund for Population Activities antees; $10 million in cooperative de- budget scoring of the bill. This action prevents this bill from [UNFPA]. I would like to emphasize a velopment grants—for Israel’s foreign being subject to two points of order few particulars about this inter- aid programs to other countries; and under the Congressional Budget Act, national organization. $3.5 million in regional cooperative as- UNFPA is the primary multilateral and I am certain it will expedite con- sistance funds. This total does not in- organization providing global family sideration of this important bill. clude other funds and programs, pri- Mr. President, I ask unanimous con- planning and population assistance marily contained within the Depart- sent that a table displaying the Budget programs. UNFPA directly manages ment of Defense appropriations bill, Committee scoring of this bill be print- one-third of the world’s population as- that also benefit Israel’s military, se- sistance to developing countries; its ed in the RECORD, and I urge the adop- curity, and military research and de- work has saved countless numbers of tion of the bill. velopment programs. There being no objection, the table lives since its inception. was ordered to be printed in the Programs managed by UNFPA im- Fiscal year 1996, the request for RECORD, as follows: prove the quality and safety of contra- Israel includes $1.2 billion in economic ceptives available to women which con- support funds, $1.8 billion in military FOREIGN OPERATIONS SUBCOMMITTEE tributes to reducing the incidence of assistance, $80 million for refugee as- [Spending totals—Senate-reported bill (fiscal year 1996, in millions of abortion. UNFPA does not support sistance, $10 million for cooperative de- dollars] abortion or abortion-related activities. velopment grants, $3.5 million for re- UNFPA helps improve women’s re- gional cooperative assistance, and up Budget Outlays authority productive health and provides both to $200 million in excess defense equip- maternal and child heath care—basic Nondefense discretionary: ment. Because of the Camp David Ac- health care services which are largely Outlays from prior-year BA and other actions cords that established peace between completed ...... 68 7,950 unavailable throughout the developing H.R. 1868, as reported to the Senate ...... 12,300 5,841 Israel and Egypt in 1978, Egypt also Scorekeeping adjustment ...... world. I am dismayed by opponents of benefits from United States largess to Subtotal nondefense discretionary ...... 12,368 13,791 UNFPA who wrongly submit that this Israel. The Camp David Accords were Mandatory: organization is involved in providing followed by a foreign aid funding equa- Outlays from prior-year BA and other actions tion that also rewards Egypt, but to a completed ...... abortion services in China or other- H.R. 1868, as reported to the Senate ...... 12,300 5,841 wise. This is simply not the case. Let lesser degree. In fiscal year 1996, Egypt Adjustment to conform mandatory programs with will receive $1.3 billion in foreign mili- Budget ...... 0 0 me state again, UNFPA is not involved in abortion services anywhere. tary financing grants, $815 million in

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14077 economic support funds, and an ear- AMENDMENT NO. 2760 held in Haiti were virtually zero. Only mark for a telecommunications Mr. DODD. Mr. President, I want to after President Clinton’s courageous project. put some perspective on the amend- decision last October to return Presi- While peace between Israel and Egypt ment that has just been offered by Sen- dent Aristide to office did the possi- was and remains important, and while ator DOLE with respect to Haiti. First, bility of elections become a real op- the United States-Israel relationship I say without equivocation that I be- tion. remains close, I must question the wis- lieve that the President’s policy with The newly returned Aristide adminis- dom in continuing to reward these two respect to Haiti has been a tremendous tration had enormous hurdles to over- countries at the same historically high success. I for one am proud of the deci- come, just to deal with the day-to-day levels when the cost is counted in sion that the President made to restore running of the government. It returned sharply decreased United States assist- democracy to Haiti. I thought it was to Port-au-Prince to find government ance and influence in other areas of the the right thing to do then, and it cer- offices stripped bare—no typewriters, world that are also important to the tainly has proved to be the case thus no paper, no pens, no desks, in some in- United States. Israel and Egypt made far. stances even toilets were gone. On top peace in 1978, 17 years ago. How long Let’s review for a moment what has of that, the international community does the United States intend to re- happened since that dramatic moment insisted that elections for more than ward this accomplishment with finan- last September when the President or- 2000 parliamentary and municipal of- dered the deployment of United States cial support? Financial rewards on the fices be held as quickly as possible. No Forces to Haiti: same scale have not been offered to small task in a country where one can Jordan, which most recently agreed to The multinational force was peace- fully deployed, without loss of life, and count on one hand, perhaps on one fin- make peace with Israel. ger, the number of Democratic elec- There has been a lot of rhetoric on facilitated the departure of the mili- tions that have occurred. Election this floor about ‘‘sharing the burden of tary coup leaders; preparations had to take place vir- deficit reduction.’’ Domestic programs, Conditions were created that per- including historically untouchable pro- mitted President Aristide to return to tually from scratch. Voter registration grams like Medicare, Medicaid, and Haiti on October 15 to resume office; had to be undertaken on a massive veterans benefits, are all being forced The multinational force was replaced scale nationwide. An election commis- to swallow the bitter tonic and budget by a much smaller U.N. force with the sion had to be formed and thousands of cuts necessary to meet draconian budg- number of U.S. troops significantly re- citizens recruited to participate in get- et goals. Other foreign interests of the duced; ting the election organized. United States are being cut quite dra- The Government of Haiti conducted It seems to me that on June 25, the matically in order to support the sac- elections and run-offs to fill more than Haitian people made it pretty clear rosanct aid to Israel and Egypt and 2,000 parliamentary and municipal that, despite all the warts associated also address other vital foreign inter- posts—the most complex elections in with the days leading up to the elec- ests, such as reducing the former So- Haiti’s history; tion, they had enough faith in the proc- viet nuclear stockpile. Other longtime The Armed Forces have been effec- ess to turn out and vote in large num- allies, including Turkey and Greece, tively dissolved and the interim police bers. So did the vast majority of Hai- both important NATO members, have force is being replaced with a profes- ti’s political parties—left, right, and seen significant changes in their for- sionally trained permanent force under center—who chose to have their can- eign assistance. Why not Israel? civilian control; didates appear on the ballot. When Israel has received a grand total of The human rights situation, while by election day dawned—the people of more than $67 billion in foreign and no means perfect, is light years better Haiti came out to participate. They military assistance from the United than 1 year ago when more than 3,000 came from miles away. They stood in States since its founding in 1949. Since Haitian were being killed annually. line, sometimes for hours in the hot 1976, Israel has been the largest annual The Haitian economy which suffered sun. They exercised their constitu- recipient of cumulative United States significant decline during the military tional right to cast their ballots and to assistance since World War II. Mr. coup has begun to turn around and choose the individuals who would rep- President, I do not raise these points show positive growth. resent them in their national and local because I am a foe of Israel. I do not That is quite a remarkable set of ac- governmental structures. That to me wish to be thought of as anti-Israel. I complishments in a very short period says a great deal about the validity of hold no malice toward the people of of time. On October 15, President the process. Israel. But at a time in which all Aristide will truly have something to Yes, there were misplaced voter reg- spending is under tremendous pressure, celebrate at the 1-year anniversary of istration cards—yet election officials at a time in which other deeply revered his restoration to office. were able to register nearly 90 percent We have all read press reports of the and historically important government of all eligible voters. Yes, a very small confusion and disorganization that sur- priorities are being crushed to squeeze percentage of political candidates were out savings for deficit reduction, it rounded last month’s elections in excluded from running for ill-defined simply does not seem fair to shield for- Haiti. I would be the first to say that I reasons, yet more than 10,000 individ- eign aid to Israel and Egypt from the would have preferred an electoral proc- uals ended up running for 2,200 public same budgetary forces. Surely, we can ess that was picture perfect, and strict- offices. Yes, there were some polling continue to safeguard the physical and ly by the book. That didn’t happen. It places which did not open on time, or economic security of Israel while sub- didn’t happen in large measure because in some cases at all, yet in many oth- jecting United States assistance to the the situation in Haiti isn’t perfect—it ers the polling stations opened, the bal- same budgetary scrutiny that all other is a desperately poor country in which lots were available and people made assistance and domestic programs un- at least 50 percent of the population their choices. dergo. cannot read or write. Mr. President, I have always favored It is a country that has been plagued Haitian authorities have already ac- putting my support behind domestic by political violence for much of its knowledged that mistakes were made. priorities, such as education, roads, po- tragic history. It is a country with a They had special elections in August lice, and other programs that support history of predominantly dictatorial and run off elections in September. Im- American competitiveness. All of these rule. provements were made to the electoral domestic priorities are under the budg- I do not seek to make excuses for the process. Changes were made in the etary axe. For the most part, U.S. events which transpired in Haiti in electoral council. overseas interests supported in this bill June, but I do think some analysis of I for one am glad that the people of are also being reduced. But not the sin- the circumstances surrounding the Haiti had the opportunity to partici- gle largest recipients of U.S. foreign elections will help to put the process in pate in elections recently, imperfect as aid. This is not reasonable, and it is some perspective. they were. I suspect that were we to not equitable. For these reasons, I First and foremost, until 11 months ask them they would overwhelming shall not vote in favor of this bill. ago the prospects of any election being share that view. Today, the people of

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14078 CONGRESSIONAL RECORD — SENATE September 21, 1995 Haiti are one step closer to having the lack thereof for human rights. The outcome the system of the chefs de section and the kind of government to which they as- of all these elements has been considerable disbanding of the notorious tontons pire. Tomorrow, as they learn from improvement in the human rights situations. macoutes, who had been renamed by Baby their mistakes and through their own Widespread and systematic abuses are no Doc. We watched with horror as the coup longer the rule. The freedoms of expression that overthrew President Aristide heralded a hard work they will be closer still. and of assembly are now exercised by dif- new wave of terror unparalleled in its extent Instead of attempting to score par- ferent sectors of Haitian society, including and in its ferocity in Haitian modern his- tisan political points, as some would by those critical of the policies of the Presi- tory. Only a few notable exceptions failed to seek to do, I believe that we all should dent and his government. Time limits on notice the horror that unfolded in Haiti. stand behind our current policy, try to legal procedures are more frequently re- Amnesty International welcomed the make it work, so that the people of spected as well as legal and constitutional changes in the human rights panorama after Haiti can have a brighter future after guaranties. The treatment of prisoners and constitutional government was restored by having suffered for so long in the shad- to a lesser extent the conditions of detention the UN Multilateral Force. Significant have improved with the establishment of a among these changes was the precipitous ows of oppression. new cadre of trained correction officers. drop in documented extrajudicial executions, I ask unanimous consent that the at- President Aristide’s constant calls for rec- incidents of torture and ill-treatment, and tached articles be printed in the onciliation have without doubt played an im- the use of rape as a political terror tool. This RECORD at the conclusion of my re- portant role in limiting incidents of venge- is not due to a lack of information available marks. ance and contributed to a more relaxed at- because the population is too afraid to report There being no objection, the mate- mosphere and a feeling of security in the violations. On the contrary, with the return rial was ordered to be printed in the country. It should also be emphasized that of constitutional rule in Haiti, the UN/OAS Haitians have voted three times over the International Civilian Observer Mission re- RECORD, as follows: past four months in a secure and largely turned to Haiti to document abuses, and THE HUMAN RIGHTS RECORD OF THE non-violent climate. international and other non-governmental GOVERNMENT OF HAITI A great deal of ground has been covered human rights organizations have had more The human rights observers of the joint over the past eleven months. A clear sign of access than under the de facto government. OAS/UN International Civilian Mission have these improvements is the dramatic decrease Furthermore, there has been more access to been in Haiti since February 1993 with two in the number of complaints brought to the members of the press. Thus the drop in num- interruptions brought about by evacuations attention of the International Civilian Mis- bers is not due to a reluctant public cowed for security reasons. sion. However, a lot more remains to be into submission. Our mandate: done, and there are concerns. We are con- There have been a number of killings over to monitor and report on the human rights cerned by acts of summary ‘‘Justice’’ carried the past few months of people across the po- situation; to promote and to protect human by the population, though there has been a litical spectrum. So far, apart from the rights; and to contribute to the reinforce- sharp decrease of late. Also of concern is the Mireille Durocher Bertin case in which in ment of institutions. series of some 20 cases of killings by uniden- any case, arrests have been made but the The International Civilian Mission has tified individuals, most of them ‘‘Commando motivation still remains unclear, Amnesty therefore been able to monitor in the field, style’’, recorded since the beginning of the International has not received any specific the evolution of the human rights situation year, where robbery did not appear to be the allegations that government officials were under the de facto regimes of the period of motive and the victims were targeted. The involved either directly or indirectly. In- the coup d’e´tat and under the constitutional reasons for these killings remain unknown. deed, criminal investigations are believed to government. The Mission has not been able to identify be under way into most if not all of the The human rights situation under the mili- any set of elements which would link these killings, and in some arrests have been tary who dominated all the institutions was crimes together or to agents of the state. made. There have been one or two reports characterized by widespread and systematic Some reports of ill-treatment of detainees that so-called ‘‘brigades de vigilance’’ were human rights abuses—extrajudicial execu- and abuses of power by agents of the state responsible for some killings in rural areas tions, torture or other forms of cruel, inhu- have been brought to the attention of the which Amnesty International is inves- man or degrading treatment, forcible dis- International Civilian Mission. Procedural tigating. However, there is no central struc- appearances, illegal arrests and detentions; irregularities with regard to arrest and de- ture for such brigades and they vary widely and restrictions on the freedoms of expres- tention continue to endanger the respect for in their composition and functions. Amnesty sion and assembly. These abuses were carried human rights and due process. The Inter- International has so far not received any evi- out by the security agents of the state—the national Civilian Mission has repeatedly dence indicating that they are centrally co- police and the army and those to whom they urged the government to develop its crimi- ordinated or that the authorities are using gave impunity, the attache´s (armed civilian nal investigation capacity to bring an end to them for such purposes. thugs) and later on the members of the para- impunity which has been traditional in Problems do remain in Haiti, although we military group, FRAPH. Haiti. can be unequivocally clear that Amnesty The return of President Aristide in October The challenge of the coming months will International has found no evidence of any 1994 has brought about and also facilitated a be to build on the steps already taken. Im- kind of systematic targeting of government number of structural changes which have proving human rights means not only reduc- opponents by the current Haitian govern- had a positive impact on the human rights ing human rights violations but also cre- ment. Amnesty’s overriding concern at the situation. ating and strengthening structures and moment is the question of impunity. This First, the return to constitutional govern- mechanisms to prevent their recurrence in impunity, the escaping from punishment, is ment has brought about the re-assertion of the long term. The government must pursue benefiting those who once terrorized the pop- civilian authority and ended the subordina- the reforms of the institutions which have a ulation during the years of de facto rule, the tion of key institutions to the military; direct bearing on the protections of human very opponents of the current government. Second, the elimination of the army an the rights, (justice, prisons and police). So far there have only been a few attempts consequent neutralizing of the attache´s and Strengthening the mechanisms of account- to bring perpetrators of past abuses to jus- the para-military groups have dismantled ability will send a clear message that the tice. This is due partly to the slowness of re- the repressive network responsible for wide- state will not tolerate human rights viola- forms to the judiciary. It is very hard to find spread human right abuses during the coup tions. The already considerable improvement out exactly what cases have been brought to d’etat period; and in the human rights situation must be con- trial and to get details of the procedures/out- Third, institutional reforms, in particular tinued. The government has already shown it come as they do not get much publicity, ei- the training and deployment of the new ci- has the political will to act in this domain. ther inside or outside Haiti. There was a vilian professional Haitian National Police, trial in absentia of the ex-police chief of improvements to the administration of jus- AMNESTY INTERNATIONAL USA STATEMENT ON Cayes, former lieutenant Emery Piram, and tice and to prisons in the framework of judi- HUMAN RIGHTS IN HAITI SINCE THE RETURN was sentenced to sixty years’ imprisonment cial and penal reforms. OF CONSTITUTIONAL RULE for the death under torture of Jean-Claude These structural changes and institutional Amnesty International has been following Museau in 1992. This is one of the few cases reforms carried out with the assistance of human rights issues in Haiti for a number of the government said it wanted to bring to the international community have been ac- years. We have documented the extensive trial. In addition to this trial, the companied by the clear determination of the violations in the city and in the countryside, exparamilitary member Gerard Gustave government to improve the quality and the under Papa Doc, Baby Doc, and those that (alias ‘‘Zimbabwe’’) has been sentenced to performance of judicial officials and to su- followed the fall of Baby Doc in 1986. Am- life at hard labour for his part in the assas- pervise the conduct of the new security nesty documented human rights violations sination of Antoine Izmery in September agents (code of conduct, inspectorate for the in the first administration of President Jean 1993. Other investigations and trials are un- Haitian National Police, applications of Bertrand Aristide. But we also documented derway, although this still only represents a sanctions in cases of misconduct), whose ac- the first genuine attempts at dismantling re- few of the cases of HRVs known to have tivities impinge directly on the respect or pressive structures, with the dismantling of taken place under the de facto government.

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14079 We are currently investigating the trial pro- and the mission officially over to the United has risen by 3 percent, compared to a 10 per- ceedings to ensure they conform to inter- Nations. The remaining Americans are cent decline last fiscal year. national standards. scheduled to leave after the presidential The recent highly flawed parliamentary While it would not be true to say that elections early next year. elections—which resulted in overwhelming nothing is happening on this front, it is So far, so good. Nevertheless, a huge ques- victories for Mr. Aristide’s Lavalas Party— clearly inadequate and slow and the govern- tion remains about Haiti’s long-term future. have left opposition parties feeling disgrun- ment has not so far shown much determina- Certainly the return of Mr. Aristide has not tled and cheated. Although there was little tion to confront the issue. However, the meant much improvement materially for evidence of outright fraud, the electoral international community must also do its most Haitians. And the elections held in commission was unacceptably disorganized. part to help rebuild civil institutions. A sig- June were not much of a cause for celebra- The electoral commission’s inept chairman nificant contribution will be to disburse the tion. The international community had more was dismissed, but reform of the commission already promised assistance to the Truth than half a year to prepare for them, yet due itself has been stalled. Commission. In any case, from what we can to incompetence and the intransigence of the The United Nations force of 6,000—includ- gather, as well as the six or so cases the gov- Haitian election committee, dominated by ing 2,400 American troops—is due to leave at ernment itself said it was investigating, Aristide supporters, the event which so the end of February. The new police force many victims and victims’ relatives have many Haitians had longed for turned into a has made a good start. Recruiting has been presented complaints to the authorities so it dreadful mess. There was murder and vio- selective, and officers have won confidence is not for lack of cases that little progress lence, and some 100,000 Haitians were unable in neighborhoods where police were regarded has been made. It is imperative that impu- to vote; make-up elections had to be held in as the enemy. Reform of the justice system nity in Haiti be broken; time and again we August. Just this weekend, we had yet an- is proceeding well, with judges and prosecu- have seen how those who terrorized once can other act in this drama as run-off elections tors receiving training from international terrorize again. were held between candidates in a tie for experts. But with no civil service tradition, Amnesty International certainly welcomes their seats. The voting was boycotted by op- much of the government bureaucracy is still what steps have been taken so far to bring position politicians who claim fraud per- dysfunctional. perpetrators of past and current abuses to petrated by Lavalas and its sister parties. Given Haiti’s violent history, simply justice and urge the government, as a matter Nor is it clear whether Mr. Aristide will in calming the country’s polarized political cli- of urgency, to further strengthen the judici- fact step down at the end of his five-year mate is an impressive achievement. But Mr. ary to ensure that as many cases as possible term; quite a ‘‘movement’’ has gotten under Aristide now needs to break his isolation, co- can be pursued and that all such trials ad- way to ‘‘persuade’’ him to stay on. operating with his senior ministers to come here to international standards for a fair Still, there may be some important lessons up with a coherent plan for getting the coun- trial. We believe it would be very useful if to be learned here for the United States. try back on its feet. more was made public concerning the One, which is now being applied in the For now most Haitians are simply grateful progress of investigations and trials. former Yugoslavia, is that American leader- that they can sleep free from fear. But that Insofar as prison conditions are concerned, ship can work, and that it helps tremen- gratitude will wear thin if Mr. Aristide does these are said to be improving gradually and dously when it is backed by the willingness not figure out how to take the next steps, a national overseer of prisons has been ap- to use overwhelming force. The Bosnian Serb which include everything from creating jobs pointed. We understand that nutrition has army this weekend started to withdraw its to collecting the garbage. modestly improved and the International heavy weapons from around Sarajevo. For f Committee of the Red Cross has had access. three murderous years, the Serbs stubbornly refused to do just that, until the NATO INDONESIA’S DEPLORABLE HUMAN [From the Washington Times; Sept. 18, 1995] bombing campaign changed their minds. RIGHTS RECORD HAITI, ONE YEAR LATER What was also learned in Haiti (as in Soma- Mr. FEINGOLD. Mr. President, as the lia and Bosnia) is that such operations can- Remember Haiti? One year ago, our atten- not be trusted to the United Nations because Senate considers the foreign operations tion was focused on that small island coun- that means essentially no one is in charge appropriations bill, I want to discuss try, as 20,000 American troops waited for the and no one is responsible for the outcome. two provisions which sanctioned Indo- signal to invade. Self-styled American am- The conclusion here should not be that the nesia for its deplorable human rights bassador at large Jimmy Carter was busy ne- United States must become international po- gotiating with Gen. Raoul Cedras, hoping to record in East Timor, and which were liceman and nanny; it is still debatable persuade him to exit peacefully rather than eliminated in the chairman’s bill. I whether U.S. interests are at stake in Haiti. face the U.S. forces with his ill-equipped want to make it clear that Indonesia What is clear, however, is that where the army of thugs. On that day also, Gen. Colin has done nothing to improve its human stakes are deemed high enough, American Powell was in the news, having accompanied initiative and muscle can be as effective as rights record in the past year which Mr. Carter to lend some muscle to the mis- ever. would recommend any change in sion. And back in Georgetown was President [From the New York Times, Sept. 21, 1995] United States policy. Jean-Bartrand Aristide, urging the U.S. gov- As my colleagues know, Indonesia ernment on to deal with his enemies. MR. ARISTIDE’S FIRST YEAR Haiti may have been as tiny a nation as we A year after American troops landed in has brutally occupied the Catholic pop- could have found to invade, but the thought Haiti to secure the return of its exiled Presi- ulation of East Timor since 1975. In of sending American soldiers into harm’s dent, the country is clearly in better shape. that time, East Timor has been the way in a place known for its brutal, corrupt Despite the fears of his detractors, Jean- focus of many international human regimes and abject poverty, nonetheless Bertrand Aristide has not incited his fol- rights efforts, not the least of which made many here at home highly skeptical lowers against their former oppressors, but are those that have been spearheaded about the whole enterprise. Nor did it inspire urged reconciliation. Most Haitians no by my friend and colleague from Rhode confidence that the Clinton administration longer live in fear of political violence. Mr. Island, Senator PELL. To my dis- had shown itself particularly inept at han- Aristide has reached out to business leaders. dling foreign affairs and previously endured He has made a credible beginning, but there appointment, those causes have not the humiliation of having to withdraw a is still much to do. been championed by any U.S. adminis- transport ship with U.N. troops, including Mr. Aristide wisely declared he will not tration. 200 Americans, from Port-au-Prince when run for another presidential term, resisting But in recent years the Indonesia faced with an unruly mob. It would not be the temptation to take advantage of his pop- military rule has become particularly too much to say that the operation was at- ularity to carry on the Haitian tradition of cruel. Today, I want to dispel any tended by the lowest possible level of expec- government-by-personality cult. Now he myths among my colleagues that de- tation here at home. needs to use the time left in his term to spite Indonesia’s economic successes in One year later, the good news is that the broaden his governing skills. Mr. Aristide is dire misgivings, expressed among others by not much of an administrator. the past few years, its human rights this page, have not come true. The only Mr. Aristide’s senior officials operate with record continues to be dismal, and is deaths experienced by U.S. soldiers there little direction, and the country is still cha- particularly deplorable in its activities have been due to suicide. Significant armed otically governed. The simple necessities for in the last year in East Timor. Such in- resistance to the Americans did not mate- doing business—such as electricity—are still stability and violations can only desta- rialize, and the military strongmen finally in short supply. While there has been some bilize the regime that some business agreed to depart the scene back in October domestic investment, virtually no money interests are all to quick to invest in. (with much of their ill-gotten gains). That has come into the country from foreign in- Since the Indonesians invaded East meant the crippling sanctions could be lifted vestors, and international lending institu- and President Aristide returned. The flood of tions are leery of providing aid with few gov- Timor 20 years ago, over 200,000 East boat people, which spurred the U.S. action in ernment structures in place. Inflation, how- Timorese have died—about a third of the first place, was stopped. By March 31, the ever, has fallen below 25 percent from 52 per- the entire population. Indonesia’s self- bulk of the U.S. troops could be sent home, cent last year, and gross domestic product styled annexation of the territory has

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14080 CONGRESSIONAL RECORD — SENATE September 21, 1995 not been recognized by the United Na- enced in part by the ongoing power ‘‘patterns of dealing violently with po- tions, nor the United States, which ac- struggles in Jakarta, the increased re- litical dissent and [a] virtual impunity knowledges that ‘‘no act of self-deter- sentment of the presence of Indonesian enjoyed by members of the security mination has ever taken place.’’ The military officers and vigilante groups, forces responsible for human rights military is practically omnipresent and the immigrant settlers brought in violations.’’ throughout the island, and according by Indonesia to consolidate their occu- The U.N. Human Rights Commission to diplomats stationed in Indonesia, pation of the island. this year once again comdemned Indo- ‘‘its callousness in dealing with the The Indonesians have had some bi- nesian abuses in East Timor. It also local population’’ is shocking. zarre responses. For instance, last sum- forced Indonesia to invite the U.N. East Timor made international head- mer, they went to great lengths to Human Rights Commissioner to visit lines in 1991 when the military mas- pressure their ASEAN partners to pre- East Timor. This was the first time sacred, by conservative estimates, at vent private conferences on East Timor that happened since 1975. least 100 East Timorese who were at- to take place in the Philippines, Ma- The United States, in my view, has tending a funeral. It was all videotaped laysia, and Thailand. not lived up to its leadership respon- before international cameras. Today, But the violence has been on the in- sibilities on this issue. While adminis- the National Human Rights Commis- crease as well—particularly since the tration rhetoric—though measured— sion in Jakarta says it has evidence APEC summit in November. During the sounds supportive of human rights pro- that the massacre was ‘‘not a sponta- summit protesters were detained and, tections, the policy has not been force- neous reaction to a riotous mob, but by most accounts, tortured. Reports of ful enough, given the extreme extent of rather a planned military operation de- deaths of protesters at the hands of In- the brutality that I described. For ex- signed to deal with a public expression donesian soldiers have been constant ample, the United States defers to the of political dissent.’’ Today, 66 people all year. U.N. peace process by which the Indo- remain unaccounted for, and the com- On January 12, 1995, there is docu- nesians and Portuguese are supposed to mander of the operation is Vice Presi- mented evidence that the military tor- work with the East Timores, yet the dent of Indonesia. tured and killed six civilians in United States has not applied suffi- Congress has acted twice since then. Liquicia in a horrendous incident. Even cient—if any—pressure to get the Indo- First, in 1992 we cut off IMET funding the Government-appointed National nesians to participate seriously in the for Indonesian soldiers to distance our Commission on Human Rights ac- talks. The administration says it is support for the Indonesian military knowledged that ‘‘a process of intimi- concerned about the military troop that committed the atrocity at Dili. dation and torture by security offi- presence in East Timor, yet it has Last July, to signal further disappoint- cials’’ occurred and resulted in ‘‘unlaw- never devised a plan of action to work ment with the disintegrating situation, ful shootings by the military.’’ It found with the Indonesians, or requested a we codified administration policy on that ‘‘there was intimidation and tor- plan for Indonesian troop withdrawal the linkage between the sale of small ture by the security officers in charge from the island. In fact, at most, the arms and human rights. at the time to extract confessions.’’ administration seems to investigate I have a letter from the administra- Recently, there has also been an out- the level of troop presence in East tion, addressed to Senator LEAHY and break of gang violence, of hooded vigi- Timor only when a Member of Congress myself, which indicates that the ad- lantes terrorizing, abducting, assault- asks whether the promised reductions ministration will continue its ban on ing, intimidating, and harassing East ever took place. the sale or licensing of small and light Timorese. These gangs—commonly I am also perplexed why the United weapons, and crowd control instru- known as Ninjas—have been described States is even trying to placate Indo- ments, until there has been significant by residents and human rights mon- nesia. The administration permits In- progress on Indonesia’s human rights itors as military-related death squad- donesia to buy IMET: However, for record. The letter also says the admin- type bands. Travelers describe walking years they have been lobbying to get istration will offer only expanded- on the tropical island on a sunny Sun- the taxpayer to subsidize the Indo- IMET—human rights training for the day afternoon, and being passed by nesian military training. And while military—to the Indonesians. I ask armed youths, covered in ski masks. there is a small arms ban in place to unanimous consent that the letter be Notably, the Ninjas have not been prevent United States weaponry for printed in the RECORD at the conclu- reigned in by the same military that being used in human rights violations, sion of my remarks. has so effectively suppressed the East the administration is now trying to The PRESIDING OFFICER. Without Timorese. For that reason, there is rea- sell F–16’s to the Indonesian military. objection, it is so ordered. son to believe that they are tolerated Mr. President, given Indonesia’s defi- (See exhibit 1.) by the military. There is even some ant human rights policies, I see no rea- Mr. FEINGOLD. Mr. President, I re- evidence that they were created by the son to weaken United States policy to- gard this is as a commitment from the military to do what uniformed soldiers ward it. In fact, the record of the past administration that current policy will cannot because of international atten- 2 years only indicates continued re- remain in place, whether we legislate tion. pression, continued deterioration, and it or not. I expect the administration Mr. President, there must be an in- increased violence against the East to continue to consult with Congress vestigation into the operations of these Timorese. on Indonesia. I am particularly con- groups, and why they are permitted to I appreciate the administration’s cerned that we agree upon what ‘‘sig- continue functioning in East Timor. commitment to continue its current nificant progress’’ means. Our legisla- Other forms of torture by the mili- policy, and only hope that it will re- tion has included six conditions, in- tary are still commonplace in East double its efforts on behalf of human cluding significant troop withdrawals Timor as well. In January 1994, the rights in Indonesia and East Timor. from East Timor and Indonesian par- U.N. Human Rights Commissioner’s I thank the Chair and yield the floor. ticipation in the U.N. Secretary Gen- Special Rapporteur on Torture re- EXHIBIT 1 eral’s peace talks. Indonesia must un- ported that the most common forms of U.S. DEPARTMENT OF STATE, derstand that there is an international torture are beating on the head with Washington, DC, September 21, 1995. price to pay for their continuing occu- wood, iron bars, bottles, and electric DEAR SENATOR FEINGOLD: I am writing pation. cables; kicking with heavy boots; elec- about your continuing concern about the Since last July, when Congress tric shocks—mostly with cattle prods; human rights situation in Indonesia, includ- passed this amendment, there have slashing with razor blades and knives; ing in East Timor, and your interest in the been several developments in East death threats and faked executions; Administration’s policy towards that coun- Timor—most of them quite discour- hanging people upside down by their try, specifically our current arms sales pol- icy and our proposed International Military aging, some quite violent, and some feet; isolation; sleep deprivation; and Education and Training (IMET) program. hopeful. the rape of East Timorese women. We too are concerned about the human The tension in East Timor has been The U.N. Special Rapporteur for Tor- rights situation in Indonesia, including in intensifying for the past year—influ- ture reported last year that there were East Timor, and we raise our concerns with

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14081 the Indonesian government regularly. Our [Rollcall Vote No. 458 Leg.] thorized to appoint conferees on the current arms sales policy, codified in law YEAS—91 part of the Senate. last summer and included in S. 908, prohibits Abraham Ford McCain The motion was agreed to; and the the sale or licensing for export of small or Akaka Frist McConnell Presiding Officer (Mr. SMITH) appointed light arms and crowd control items until the Ashcroft Glenn Mikulski Mr. MCCONNELL, Mr. SPECTER, Mr. Secretary has determined that there has Baucus Gorton Moseley-Braun MACK, Mr. GRAMM, Mr. JEFFORDS, Mr. been significant progress on human rights in Bennett Graham Moynihan Indonesia, including in East Timor. Current Biden Gramm Murkowski GREGG, Mr. SHELBY, Mr. HATFIELD, Mr. law also forbids funding of International Bond Grams Murray LEAHY, Mr. INOUYE, Mr. LAUTENBERG, Military Education and Training (IMET) for Boxer Grassley Nickles Bradley Gregg Mr. HARKIN, Ms. MIKULSKI, Mrs. MUR- Packwood Indonesia. As you are aware, the Administra- Breaux Harkin RAY, and Mr. BYRD conferees on the Pell tion has proposed that this ban be rescinded, Brown Hatch part of the Senate. and there is language in the House author- Bryan Hatfield Pressler ization and appropriations bills that would Bumpers Heflin Pryor f permit funding for Expanded IMET (E–IMET) Burns Hutchison Reid Robb MORNING BUSINESS courses. Campbell Inhofe Rockefeller We understand that you or other Senators Chafee Inouye Mr. BENNETT. Mr. President, I ask Roth may be considering amendments to the For- Coats Jeffords unanimous consent that there now be a Cochran Johnston Santorum eign Operations Appropriations Bill that Cohen Kassebaum Sarbanes period for the transaction of morning would further restrict the types of defense Conrad Kennedy Shelby business with Senators permitted to items that can be sold or licensed for export Coverdell Kerrey Simon speak therein for up to 5 minutes each. to Indonesia. We also have heard that some D’Amato Kerry Simpson The PRESIDING OFFICER. Without Daschle Kohl Senators who oppose any IMET funding for Snowe objection, it is so ordered. Indonesia are considering working to have DeWine Kyl Specter the complete ban on such funding retained. Dodd Lautenberg Stevens f Dole Leahy Thomas You have proposed that you and others in Domenici Levin Thompson UNITED STATES/UNITED KINGDOM the Senate will refrain from attaching lan- Dorgan Lieberman Thurmond AVIATION RELATIONS guage to the Senate’s version of the bill re- Exon Lott Warner stricting arms sales to Indonesia and ban- Feingold Lugar Mr. PRESSLER. Mr. President, I rise Wellstone ning IMET funding if the Administration Feinstein Mack today to express my great disappoint- will agree to abide by our current arms sales NAYS—9 ment that an agreement further liber- policy and accept only funding for E–IMET alizing United States/United Kingdom in FY 1996. Bingaman Faircloth Kempthorne Byrd Helms Nunn aviation relations was not struck in We will abide by our current arms sales Craig Hollings Smith policy and, though we would have preferred London last week. Once again, I believe restoration of full IMET, will fund only Ex- So the bill (H.R. 1868), as amended, the British Government put the inter- panded-IMET during the coming fiscal year. was passed. ests of one constituent above the best I hope this information will be useful to Mr. McCONNELL. Mr. President, I interests of British consumers. you. Please do not hesitate to contact us if want to take one moment to thank The United Kingdom is one of our we may be of further assistance. Tim Rieser and Luke Albee of Senator largest and most important trading Sincerely, LEAHY’s staff; and from the Appropria- partners. For many years that trading WENDY R. SHERMAN, Assistant Secretary, Legislative Affairs. tions Committee staff Jim Bond, and relationship has flourished. Open mar- Juanita Rilling; and, particularly, Mr. ket principles have been the engine re- ORDER OF PROCEDURE sponsible for its success. Without a Mr. DOLE. Mr. President, this will be President, I want to extend my great doubt, the free flow of commerce be- the last vote tonight. Tomorrow morn- appreciation to my personal staff mem- tween our two nations has signifi- ing, starting at 9:30 we will take up the bers, Billy Piper, and my long-time for- cantly benefited both economies. Per- MilCon conference report, to be fol- eign policy adviser, Robin Cleveland, haps the biggest winners of all have lowed by the D.C. appropriations bill, for their determined work in helping us been consumers on both sides of the to be followed by the legislative appro- to produce this bill. I am extremely grateful to Billy, par- Atlantic who have reaped the benefits priations conference report. Therefore, ticularly to Robin, for good advice not of enhanced consumer choice and com- I would expect one, two, three, and only on this occasion but over the petitive prices. maybe one amendment on the D.C. bill, years. Regrettably, over the last few dec- so maybe four votes tomorrow. We Mr. President, I yield the floor. ades, the British have repeatedly should finish early. Then I will tell you Mr. LEAHY. Mr. President, I thank rebuffed our attempts to extend our what will happen next week. Hopefully, the chairman for his gracious words, open trade relationship to include com- we will finish those bills and take the and I was also glad—I mentioned a mercial aviation rights. In fact, the next week off. But we are not there number of these folks earlier—but I United States/United Kingdom bilat- yet. eral aviation agreement is our most re- The PRESIDING OFFICER. The was also glad to have my chief of staff, strictive international aviation agree- question is on the engrossment of the Luke Albee, to join us also on this bill, ment. For good reason, that agree- amendments and third reading of the as well as John P. Dowd, my legislative ment, the so-called Bermuda II agree- bill. director. The amendments were ordered to be Tim Rieser, I think all of us on our ment signed in 1977, is widely regarded engrossed and the bill to be read a side will agree, was a dynamo. Tim as being the high water mark for inter- third time. handled just about everything for ev- national aviation protectionism. The bill was read a third time. erybody. In London last week, the United The PRESIDING OFFICER. The bill I do appreciate all of them. States and United Kingdom had an his- having been read the third time, the Mr. President, before we voted ear- toric opportunity to further liberalize question is, Shall the bill pass? lier, the Senator from Wisconsin was our aviation relationship. Instead of Mr. McCONNELL. Mr. President, I going to speak in relation to this mat- taking a major step forward, United ask for the yeas and nays on the bill. ter on this bill. As a courtesy to the States/United Kingdom aviation rela- The PRESIDING OFFICER. Is there a other 99 Senators, he withheld for the tions seem to have taken a giant leap sufficient second? vote on the assurance that he could be backward. I am very concerned that There is a sufficient second. heard. I hope that it might be possible the failure to reach agreement last The yeas and nays are ordered, and for the Senator from Wisconsin to be week has squandered hard earned mo- the clerk will call the roll. heard. mentum from the phase 1 deal in June The legislative clerk called the roll. I assume we will appoint conferees. I and resurrected mistrust between the The PRESIDING OFFICER (Mr. wonder if we could yield for that. countries that has plagued negotia- SMITH). Are there any other Senators Mr. BENNETT. Mr. President, I move tions for years. in the Chamber desiring to vote? that the Senate insist on its amend- Mr. President, despite these con- The result was announced—yeas 91, ments and request a conference with cerns, the United States and United nays 9, as follows: the House, and that the Chair be au- Kingdom must press forward with

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14082 CONGRESSIONAL RECORD — SENATE September 21, 1995 phase 2 negotiations. We owe it to con- everyone in our industry is mesmerized by turning employees into owners? As Peter sumers on both sides of the Atlantic. the growth in air traffic. That kind of look- Drucker has observed, the only sustainable For far too long the United States/ ing inward—that fixation on ourselves—is a corporate advantage in the new, open, global United Kingdom aviation debate has kind of corporate indulgence we can’t afford: marketplace—is people. Short-term gain for long-term grief. When we entered into our employee-owner- focussed primarily on the interests of I came here to make the case for change in ship (ESOP) agreement, we were banking on passenger and cargo carriers. I urge ne- focus—for a renewed concentration on the more than a structural shift in our organiza- gotiators on both sides of the table to customer. tion—we were counting on a change in cor- resume talks with a broader focus, one We’re slow to recognize what the customer porate culture to take us to a more competi- which considers the significant stake wants from the travel experience. tive level. And in a service industry, em- consumers have in enhanced air service Back on my side of the ocean, the travel ployee satisfaction shows—in the finished and more competitive prices. agents are fighting with the airlines...the product—in the face we present every day to airlines are fighting with one another...and our passengers. In a speech before the Aviation Club meanwhile, the customer stands alone at the And we’re seeing that change in culture of Great Britain earlier this week, Ger- counter. translate into strong results. You’re used to ald Greenwald, the Chairman and CEO It’s as if we grow so accustomed to our hearing about Returns on Investment—well, of United Airlines, echoed this point. place in the market—to our sheer size and our ESOP’s delivering what I call Return on Mr. Greenwald called for a ‘‘renewed staying power—that we forget who has the Ownership: concentration on consumers’’ and quite power to bring us down. Fewer sick days: Down 21 percent last accurately observed that the real los- I’m not talking about a competitor...or month—in our year-over-year comparison. another company...or some amorphous no- ers under the restrictive Bermuda II And increased ‘‘dependability’’ means a sav- tion such as ‘‘competition’’ ... ings of about $52 million. agreement are consumers ‘‘in the I’m talking about the consumer. The most Fewer grievances: Down 75 percent year- United States and United Kingdom powerful economic factor in the world. over-year. And again—that’s an opportunity alike.’’ He is absolutely correct. It’s a concept we grasp quite easily in po- to resolve differences without costly and I ask unanimous consent that Mr. litical dimension. But the freedom of choice time consuming procedures—energy that Greenwald’s speech before the Aviation at the ballot box has its parallel in the econ- could be spent on serving our customers. Club of Great Britain to which I re- omy as well: In every consumer’s checkbook Overall, it’s part of the positive numbers choice—the freedom to take his or her busi- United’s putting on the board: ferred be inserted in the RECORD at the ness elsewhere. Revenue is up $729 million—6.7 percent conclusion of my remarks. Now, provided we put the customer first— over last year. Mr. President, I hope benefits to con- the fundamentals are in place for a very Operating earnings are up—our operating sumers are factored into the equation positive forecast. Consider the state of our margin is up. So are net earnings and net next time American and British nego- industry. margin. And unit revenue is outpacing unit tiators meet in phase 2 talks. Perhaps The fundamentals are there for a very posi- cost. then the need for liberalization of the tive forecast. Consider the state of our indus- Let me give you just one market example. United States/United Kingdom bilat- try. Thanks in part to our new Shuttle by In the beginning of this decade, in 1990, United, the Los Angeles region is solidly eral aviation agreement will be clearer worldwide airline revenues totaled $211 bil- profitable. to the British. Undoubtedly, the bene- lion. Our departures are up 73 percent in the last fits of liberalization will be more read- Estimates now predict industry revenues— 4 years—and we’re serving more major do- ily apparent. both business and leisure travel—will reach mestic and international destinations from There being no objection, the speech $350 billion by the year 2000. L.A. than any other carrier. was ordered to be printed in the To put that in perspective, consider the All of the changes we’ve made within our RECORD, as follows: world’s total GDP will rise 50 percent be- company are moving us in the right direc- tween 1990 and the year 2000. Over that same tion. But there’s still the matter of the envi- GERALD GREENWALD; AVIATION CLUB OF timeframe, airline revenues will rise an even ronment around us—the system in which GREAT BRITAIN, CHAIRMAN AND CEO, faster 60 percent. we—and all our competitors—have to oper- UNITED AIRLINES All told, it’s an impressive record. A cen- ate. LONDON—September 19, 1995. Thanks, all of tury that began with mankind’s first pow- And that is where external factors dictate you for this warm welcome. Let me salute ered flight—a span of 120 feet lasting 12 sec- the difficulties we face—in the form of a sys- Allan Winn, Chairman of the Aviation Club onds—ends with the movement of 1.2 billion tem that stops us from serving our cus- of Great Britain, along with the many lead- passengers on 17 million flights across 24 tomers as well as we could. And that system ing lights of Great Britain’s aviation indus- time zones at every hour of the day and is my subject today. try—public and private sector alike—whom I night. What do I mean? Let me ask: How many of am honored to address today. So if all of that’s true—and it is—why do us would maintain a fleet of DC–7s or Lock- I promised Allan I would refrain from any so many of us want to grimace rather than heed Constellations—how many of us would ‘‘commercial’’ plugs for my company, al- grin? want to sell passengers on the virtues of an though temptation, of course, is great. But Because we know the rest of the picture. 15 hour crossing of the Atlantic, or only a Allan was kind enough to ask—as people We know that revenues, however great, are handful of domestic flights to our country’s often do when a visitor arrives—how was my not profits—and growth, no matter how largest cities? trip? rapid, is not necessarily a reflection of suc- In other words, how well do we think we’d I want to assure you: The flight over in cess or superior service. fare with a 1950’s fleet in our 1990’s world? United’s new 777 was quite comfortable. I en- Granted, this industry has grown. But too Yet we’re struggling along with an equally joyed the full 64 inches of leg room, the five many airlines have lost too much money for antiquated structure governing our flights/ star first-class service—and what must be their shareholders and the taxpayers who our routes/and our schedules. Simply put: the most courteous flight attendant and support them. Too many customers regard The structure of our industry is not adapting pilot crew in the business. what they get from us with a combustible to the needs of the new customers, new na- So Allan—thanks for asking. combination of cynicism and suspicion. tions, and new regions we serve. I appreciate the opportunity to address Some of our passengers take us for grant- If this industry is to reach its potential— you today. I see this as a chance to advance ed. Other passengers think every time they if we are to continue not simply to expand a dialogue that must take place if any of us, buy a ticket—as we say in America, we’re but to excel—we have to change. We have to on either side of the Atlantic, are to prosper taking them for a ride. raise our standards—raise our own expecta- in our new environment. This industry has It’s hard in that kind of atmosphere to tions to a level above and beyond that of the to look ahead—this industry has to change build the bonds of trust—to establish the customers and the countries who rely on us. because its growth—needs to outpace that of loyalty that keeps customers coming back. We have to stop talking about today’s the world economy. That’s the central challenge in a service in- weather and create a new climate. The fact is, at no time since the Second dustry such as ours—a challenge United is Because in the end, there is only one route World War has the airline industry been pre- working to meet as the world’s largest em- to customer service—and that is competi- sented with market forces more conducive to ployee-owned company. tion. profitable growth. The demand for thinking And we are a new company—a new Nothing could be further from that ideal for the future is almost overwhelming. And United—since Steve Wolf stood before you than our present World War II vintage sys- that is what I want to talk about today be- just over a year ago. What we’re about isn’t tem of bilateral regulation. Created in an era cause, as an industry, we are not meeting the just a phrase—it’s a deep-felt philosophy: A when national frontiers were also market challenge, not doing justice to our cus- solid sense that of all the measures manage- boundaries—when economies were isolated tomers. ment can take to improve productivity none entities, self contained islands of com- But I didn’t come here to talk to you about has more up-side potential than empowering merce—Conceived at a time when Churchill what everybody else talks about—the way our workforce. And what better way than roamed Number 10 Downing Street, and both

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14083 the Democrats and Republicans were com- of the different companies that carries the try’s interest. Liberalization and inter- peting to see who ‘‘liked Ike.’’ signal or routes the call. nationalization go hand in hand. And they Our bilateral system was a Frankenstein, It doesn’t matter to you whether it crosses are essential in today’s economy. stitched together when colonialism was fad- the ocean floor by cable or skips over by sat- And that really is my message today. ing, nationalism was coming to the fore—and ellite—what you care about is getting Gone are the days when we could chart a a protectionist system of managed trade through to the other end. Yet our current future built on cozy arrangements and back- seemed the best we could muster. system of air travel does just that to our room bilateral deals. The one covenant that And that bad beginning got steadily customers—confronting them with a bewil- counts—is the promise we make to the peo- worse—reaching bottom with the so-called dering array of barriers and bottlenecks be- ple we serve. Bermuda II agreement in 1977. tween them and their destination. Thank you. To their credit, both the U.S. and Britain It’s a wonder the system served us as well f as it did, as long as it did. have recently taken significant steps toward Today—we must all agree—the system is the liberalization of air transportation be- MESSAGE FROM THE PRESIDENT slowly strangling us. tween our two countries. The differences A message from the President of the seem to be over the pace of that movement, What we have now is a kind of controlled United States was communicated to chaos—an industry impasse in which no one not the ultimate objective. is comfortable with the system as it is, but And, as I have pointed out to the U.S. gov- the Senate by Mr. Thomas, one of his no one can make the move to the more com- ernment, in recent months—to give credit secretaries. petitive system we need. where credit is due—it has been the British f Take United’s position as a case in point, side that maintained the momentum toward squeezed by the straight-jacket we call Ber- liberalization, while the U.S. (and United) EXECUTIVE MESSAGE REFERRED muda II. Geographically, the U.K. is key to was all but immobilized by our own internal As in executive session the Presiding United: A gateway to the entire continent of squabbles. To be candid, our struggle to launch direct Officer laid before the Senate a mes- Europe—and beyond, a critical crossroad in sage from the President of the United the global aviation market. Chicago-London service last week was im- While we are one of only two U.S. carriers peded as much by vested interests in the U.S. States submitting a nomination which allowed to serve Heathrow, if we look at as in the U.K. was referred to the Committee on United’s major hubs in the U.S.—every one Now of course, our small steps forward Armed Services. carries tight restrictions on capacity to have been accompanied by two steps back— (The nomination received today is Heathrow: away from the negotiating table. We must printed at the end of the Senate pro- At Washington, DC, we have been running all hope our two governments get back to ceedings.) load factors to Heathrow of 92 percent for the table—and resume the Phase II talks f the last three months—and yet we were just that are the only path to progress and to turned down for two extra frequencies a open skies. REPORT ENTITLED ‘‘HIGHWAY There is a mystery I cannot comprehend: week. And that is how the U.S. and the U.K.—two SAFETY: 1994’’—MESSAGE FROM At Chicago, our largest hub, after a four- THE PRESIDENT—PM 83 year struggle, last week we finally gained ac- countries that literally live by international cess to Heathrow—and yet it’s limited to trade—and with the possible exception of The PRESIDING OFFICER laid be- seven weekly flights in a 767. Let me empha- Japan, endure the rockiest bilateral rela- fore the Senate the following message size—this is from the world’s busiest airport tionship in the aviation industry. from the President of the United The plain fact is—liberalization can’t be to the world’s largest international destina- limited. On the other side of the world—as States, together with an accompanying tion. But even that is better than Denver, across the Atlantic—the principle of con- report; which was referred to the Com- our second largest hub—where we can pro- sumer choice must prevail. The principle I mittee on Commerce, Science, and vide no service at all to Heathrow. Of all the hope will soon be put in practice for our two Transportation. major country-to-country agreements to countries should apply equally to the open- which the U.S. is party, none is more restric- ing of new routes in Asia. To the Congress of the United States: tive than Bermuda II. Few tasks will be tougher. Japan’s Min- I transmit herewith the 1994 calendar But as bad as I believe Bermuda II is—this istry of Transportation, for example, seems year reports as prepared by the Depart- much I know: The real losers are the con- fixated on a protectionist path—marching in ment of Transportation on activities sumes. In this, Bermuda II claims its casual- one direction while the rest of the world ties on both sides of the Atlantic—hurting under the Highway Safety Act, the Na- moves in another. tional Traffic and Motor Vehicle Safe- consumers with higher prices and poorer What Japan seems to want in 1996 is a re- service in the U.S. and the U.K. alike. play of the mistake the U.S. and the U.K. ty Act of 1966, and the Motor Vehicle So what’s the solution? Certainly not the made in 1976 when we started down the path Information and Cost Savings Act of 1950’s thinking that argues that the way to of Bermuda II. And as a recent editorial in 1972, as amended. build your carrier’s market share is to hand- the Far Eastern Economic Review noted, you WILLIAM J. CLINTON. icap the competitiveness of the others. can’t open an issue of the Orient Airlines As- THE WHITE HOUSE, September 21, 1995. Market shares in aviation should be driven sociation magazine without finding a list of f by customer choices—just as they are in reasons why competition is bad. most areas of trade today. I submit there is Much of the air service industry there re- MESSAGES FROM THE HOUSE only one answer for the 1990s—working to- mains locked in a mercantilist mindset. And ENROLLED BILLS SIGNED gether for change—working together to open that’s unfortunate because Asia and Asian the skies of Europe, America, Asia and every consumers are not exempt from the adverse At 2:13 p.m., a message from the point in between—to competition. consequences of attempts to limit air traffic. House of Representatives, delivered by Now, I want to be clear: Just as the cur- There’s no free lunch: When Japan’s Min- Ms. Goetz, one of its reading clerks, an- rent bilateral constraints increasingly serve istry of Transportation imposes regulations nounced that the Speaker signed the no one—competition, too, has its costs. Not to protect their carriers—consumers pay the following enrolled bills: all airlines will succeed—not all will even price. It’s an iron law of economics: One S. 464. An Act to make the reporting dead- survive. But the alternative—the price of company’s windfall is the consumer’s down- sticking with the status quo—is truly like lines for studies conducted in Federal court fall. demonstration districts consistent with the two scorpions in a bottle. Neither will come Competition is consumer friendly. It’s a deadlines for pilot districts, and for other out alive. notion we haven’t quite grasped yet. Take purposes. Why tinker at the margins managing the recent positive steps toward opening S. 532. An Act to clarify the rules gov- trade? Why not simply throw open the more Japan destinations to Federal Express. erning venue, and for other purposes. doors—and let the competition begin? In the industry, people are asking—Who Anything less than full competition really won? Japan or the U.S.? I’ll tell you who At 5:45 p.m., a message from the doesn’t do either of us a favor—because in an won. The consumers—of both countries! industry as global as ours, we really can’t As for United, we’re ready right now to House of Representatives, delivered by hide from competition anyway. take interim steps toward the broad liberal- Mr. Hays, one of its reading clerks, an- What do we need? Liberalization—as much ization that will ultimately serve all of us nounced that the House has passed the as possible, as soon as possible. A beginning best. In Japan, as we did in Germany, we are following bill, in which it requests the today that we can build on tomorrow. prepared to accept a period of constrained concurrence with the Senate: As our target, we ought to take an example growth—to give JAL breathing space. But H.R. 1617. An Act to consolidate and reform from outside our industry: From the world of our ultimate aim at the end of that period workforce development and literacy pro- telecommunications. When you pick up a must be—once again, as it was in Germany— grams, and for other purposes. telephone and dial an international number a market driven regime. or send a fax to an international destina- In the end, freeing up competition—evolv- The message also announced that the tion—you don’t want to negotiate with each ing an open skies approach—is in every coun- House insists upon its amendments to

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14084 CONGRESSIONAL RECORD — SENATE September 21, 1995 the bill (S. 440) to amend title 23, eration of sections 2851–2857 of the Sen- for consideration of sections 231–232, United States Code, to provide for the ate amendment, and modifications 235, 237–238, 242, 244, 1101–1108, 1201, 1213, designation of the National Highway committed to conference: Mr. ROBERTS, 1221–1230, and 3131 of the House bill and System, and for other purposes, and Mr. ALLARD, Mr. LAHOOD, Mr. DE LA sections 231–233, 237–238, 240–241, 1012, asks a conference with the Senate on GARZA, and Mr. JOHNSON of South Da- 1041–1044, 1051–1064, and 1099 of the Sen- the disagreeing votes of the two Houses kota. ate amendment, and modifications thereon; and appoints Mr. SHUSTER, As additional conferees from the committed to conference: Mr. GILMAN, Mr. CLINGER, Mr. PETRI, Mr. EMERSON, Committee on Commerce, for consider- Mr. GOODLING, Mr. ROTH, Mr. BEREU- Mr. LAHOOD, Mr. MINETA, Mr. OBER- ation of sections 601 and 3402–3404 of TER, Mr. SMITH of New Jersey, Mr. STAR, and Mr. RAHALL as the managers the House bill and sections 323, 601, 705, HAMILTON, Mr. GEJDENSON, and Mr. of the conference on the part of the 734, 2824, 2851–2857, 3106–3107, 3166, and LANTOS. House. 3301–3302 of the Senate amendment, and As additional conferees from the The message further announced that modifications committed to con- Committee on the Judiciary, for con- the House disagreed to the amendment ference: Mr. BLILEY, Mr. SCHAEFER, and sideration of sections 831 (only as it of the Senate to the bill (H.R. 1530) to Mr. DINGELL: Provided, That Mr. OXLEY adds a new section 27(d) to the Office of authorize appropriations for fiscal year is appointed in lieu of Mr. SCHAEFER Federal Procurement Policy Act), and 1996 for military activities of the De- for consideration of sections 323, 2824, 850–896, of the House bill and sections partment of Defense, to prescribe mili- and 3107 of the Senate amendment: Pro- 515, 1075, and 1098 of the Senate amend- tary personnel strengths for fiscal year vided further, that Mr. BILIRAKIS is ap- ment, and modifications committed to 1996, and for other purposes and agrees pointed in lieu of Mr. SCHAEFER for conference: Mr. HYDE, Mr. GEKAS, and to the conference asked by the Senate consideration of section 601 of the Mr. CONYERS. on the disagreeing votes of the two House bill and sections 601, 705, and 734 As additional conferees from the Houses thereon; and appoints the fol- of the Senate amendment: Provided fur- Committee on Rules, for consideration lowing Members as the managers of the ther, That Mr. HASTERT is appointed in of section 3301 of the Senate amend- conference on the part of the House: lieu of Mr. SCHAEFER for consideration ment, and modifications committed to From the Committee on National Se- of sections 2851–2857 of the Senate conference: Mr. SOLOMON, Mr. DREIER, curity, for consideration of the House amendment. and Mr. BEILENSON. bill (except for sections 801–803, 811–814, As additional conferees from the As additional conferees from the 826, 828–832, 834–838, 842–843, 850–896) and Committee on Economic and Edu- Committee on Science, for consider- the Senate amendment (except for sec- cational Opportunities, for consider- ation of sections 203, 211, and 214 of the tions 801–803, 815–818, 2851–2857, and ation of section 394 of the House bill, House bill and sections 220–221, 3137, 4001–4801) and modifications committed and sections 387 and 2813 of the Senate 4122(a)(3), 4161, 4605, and 4607 of the Sen- to conference: Mr. SPENCE, Mr. STUMP, amendment, and modifications com- ate amendment, and modifications Mr. HUNTER, Mr. KASICH, Mr. BATEMAN, mitted to conference: Mr. GOODLING, committed to conference: Mr. WALKER, Mr. HANSEN, Mr. WELDON of Pennsyl- Mr. RIGGS, and Mr. CLAY. Mr. SENSENBRENNER, and Mr. BROWN of vania, Mr. DORNAN, Mr. HEFLEY, Mr. As additional conferees from the California. SAXTON, Mr. CUNNINGHAM, Mr. BUYER, Committee on Government Reform and As additional conferees from the Mr. TORKILDSEN, Mrs. FOWLER, Mr. Oversight, for consideration of sections Committee on Transportation and In- MCHUGH, Mr. WATTS of Oklahoma, Mr. 332–333, and 338 of the House bill, and frastructure, for consideration of sec- JONES, Mr. LONGLEY, Mr. DELLUMS, Mr. sections 333 and 336–343 of the Senate MONTGOMERY, Mrs. SCHROEDER, Mr. tions 223, 322, 2824, and 2851–2857 of the amendment, and modifications com- SKELTON, Mr. SISISKY, Mr. SPRATT, Mr. Senate amendment, and modifications mitted to conference: Mr. CLINGER, Mr. ORTIZ, Mr. PICKETT, Mr. EVANS, Mr. committed to conference: Mr. SHUSTER, MICA, Mr. BASS, Mrs. COLLINS of Illi- TANNER, Mr. BROWDER, Mr. TAYLOR of Mr. WELLER, and Mr. OBERSTAR. nois, and Mrs. MALONEY. Mississippi, Mr. ABERCROMBIE, Mr. ED- As additional conferees from the As additional conferees from the WARDS, and Mr. PETERSON of Florida. Committee on Veteran’s Affairs, for From the Committee on National Se- Committee on Government Reform and consideration of section 2806 of the curity, for consideration of sections Oversight, for consideration of sections House bill and sections 644–645 and 4604 801–803, 811–814, 826, 828–832, 834–838, 842– 801–803, 811–814, 826, 828–832, 834–840, and of the Senate amendment, and modi- 843, and 850–896 of the House bill and 842–843 of the House bill, and sections fications committed to conference: Mr. sections 801–803 and 815-818 of the Sen- 801–803 and 815–818 of the Senate SMITH of New Jersey, Mr. HUTCHINSON, ate amendment, and modifications amendment, and modifications com- and Mr. KENNEDY of Massachusetts. mitted to conference: Mr. CLINGER, Mr. committed to conference: Mr. SPENCE, As additional conferees from the ORN AVIS OLLINS Mr. STUMP, Mr. WATTS of Oklahoma, H , Mr. D , Mrs. C of Illi- Committee on Ways and Means, for Mr. DELLUMS, and Mr. SPRATT. nois, and Mrs. MALONEY. consideration of sections 705, 734, and From the Committee on National Se- As additional conferees from the 1021 of the Senate amendment, and curity, for consideration of sections Committee on Government Reform and modifications committed to con- 2851–2857 of the Senate amendment, and Oversight, for consideration of sections ference: Mr. ARCHER, Mr. THOMAS, and modifications committed to con- 850–896 of the House bill, and modifica- Mr. STARK. tions committed to conference: Mr. ference: Mr. SPENCE, Mr. HEFLEY, Mr. f JONES, Mr. ORTIZ, and Mr. MONT- CLINGER, Mr. DAVIS, and Mrs. COLLINS GOMERY. of Illinois. MEASURES REFERRED As additional conferees from the From the Committee on National Se- The following bill was read the first Committee on Government Reform and curity, for consideration of sections and second times by unanimous con- Oversight, for consideration of sections 4001–4801 of the Senate amendment, and sent and referred as indicated: modifications committed to con- 4001–4801 of the Senate amendment, and H.R. 1617. An Act to consolidate and ference: Mr. SPENCE, Mr. STUMP, Mr. modifications committed to con- reform workforce development and lit- TORKILDSEN, Mr. WATTS of Oklahoma, ference: Mr. CLINGER, Mr. SCHIFF, Mr. eracy programs, and for other pur- Mr. LONGLEY, Mr. DELLUMS, Mr. ED- ZELIFF, Mr. HORN, Mr. DAVIS, Mrs. COL- poses, to the Committee on Labor and WARDS, and Mr. PETERSON of Florida. LINS of Illinois, Mrs. MALONEY, and Mr. As additional conferees from the Per- SPRATT. Human Resources. manent Select Committee on Intel- As additional conferees from the f ligence, for consideration of matters Committee on House Oversight, for EXECUTIVE AND OTHER within the jurisdiction of that com- consideration of section 1077 of the COMMUNICATIONS mittee under clause 2 of rule XLVIII: Senate amendment, and modifications Mr. COMBEST, Mr. YOUNG of Florida, committed to conference: Mr. THOMAS, The following communications were and Mr. DICKS. Mr. ROBERTS, and Mr. HOYER. laid before the Senate, together with As additional conferees from the As additional conferees from the accompanying papers, reports, and doc- Committee on Agriculture, for consid- Committee on International Relations, uments, which were referred as indi- cated: EC–1456. A communication from the Chair- man of the National Transportation Safety VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14085 Board, transmitting, pursuant to law, notice individuals in the past and should continue the President and Vice President of the of a response to the Office of Management to take all necessary steps to fulfill this im- United States, to the Speaker of the United and Budget; to the Committee on Commerce, portant duty in the future: Now, therefore, States House of Representatives, to the Sec- Science, and Transportation. be it retary of Defense, to the Director of the Of- EC–1457. A communication from the Sec- ‘‘Resolved, That the House of Representa- fice of Management and Budget, and to each retary of Transportation, transmitting, pur- tives of the 74th Texas Legislative hereby re- Senator and Representative from California suant to law, notice of action relative to the quest the Congress of the United States to in the Congress of the United States.’’ Eldorado International Airport, Bogota, Co- continue its efforts to determine the loca- lumbia; to the Committee on Commerce, tion and status of all United States military POM–300. A resolution adopted by the Leg- Science, and Transportation. personnel still missing in Southeast Asia; islature of the State of California; to the EC–1458. A communication from the Chair- and, be it further Committee on Armed Services. ‘‘Resolved, That official copies of this reso- man of the National Transportation Safety ‘‘JOINT RESOLUTION NO. 21 Board, transmitting, pursuant to law, the re- lution be prepared for the President of the ‘‘Whereas, McClellan Air Force Base, lo- port of the budget estimate for fiscal year United States, the Speaker of the House of cated in the City of Sacramento, California, 1997; to the Committee on Commerce, Representatives of the United States Con- is one of the five major Air Force logistic Science, and Transportation. gress, the President of the Senate of the United States Congress, and all members of command centers in the United States; and EC–1459. A communication from the Dep- ‘‘Whereas, this base has been a major air- the Texas delegation to the Congress.’’ uty Associate Director for Compliance, Min- craft repair facility for almost 60 years; and erals Management Service, Royalty Manage- ‘‘Whereas, McClellan is one of the largest ment Program, Department of the Interior, POM–299. A resolution adopted by the Leg- islature of the State of California Uniformed United States Air Force bases as well as the transmitting, pursuant to law, notice of the largest employer in northern California; and intention to make refunds of offshore lease Services; to the Committee on Armed Serv- ices. ‘‘Whereas, McClellan is the home facility revenues where a refund or recoupment is ap- for other critical and essential military or- ‘‘JOINT RESOLUTION NO. 27 propriate; to the Committee on Energy and ganizations, including the Coast Guard Res- Natural Resources. ‘‘Whereas, California is proud to be the cue Service, a Reserve Tanker Wing, and a EC–1460. A communication from the Dep- home of millions of active and retired mili- National Guard Tanker Unit; and uty Associate Director for Compliance, Min- tary personnel; and ‘‘Whereas, the base plays a key function in erals Management Service, Royalty Manage- ‘‘Whereas, these personnel and their fami- supporting the responsibility of the entire ment Program, Department of the Interior, lies have earned the right to have access to Air Force and has been a major maintenance transmitting, pursuant to law, notice of the quality health care because of distinguished and support element in World War II, the Ko- intention to make refunds of offshore lease service to our state and country; and rean Conflict, the Vietnam Conflict, the Gulf ‘‘Whereas, this quality health care is to be revenues where a refund or recoupment is ap- Conflicts, as well as fulfilling numerous delivered through the Civilian Health and propriate; to the Committee on Energy and other tactical maintenance requirements; Medical Program of the Uniform Services Natural Resources. and (CHAMPUS) program; and f ‘‘Whereas, McClellan has been a part of the ‘‘Whereas, these personnel and their fami- State of California prior to the buildup of lies have already been seriously inconven- PETITIONS AND MEMORIALS our armed forces during World War II and its ienced by the actions of the federal govern- capability could not be duplicated today The following petitions and memo- ment in closing many of the military bases without a major expenditure of funds; and rials were laid before the Senate and where they customarily received their med- ‘‘Whereas, McClellan Air Force Base is were referred or ordered to lie on the ical care, forcing them to travel great dis- geographically and strategically located on table as indicated: tances to receive medical care from different the West Coast and serves as a gateway to POM–294. A resolution adopted by the Mili- providers; and ‘‘Whereas, these personnel and their fami- our forces in the Pacific Basin; and tary Chaplains Association relative to mili- ‘‘Whereas, McClellan has developed ex- lies were again inconvenienced by the action tary retired pay; to the Committee on Armed tremely advanced technology not only for of the federal government in changing the Services. aircraft maintenance but for medical re- administration of the CHAMPUS program POM–295. A resolution adopted by the Mili- search as well as composite research that is last year. These changes required some of tary Chaplains Association relative to the world renowned; and these military and veteran families to retention of military commissaries; to the ‘‘Whereas, Potential loss both to the per- change medical providers, and to travel Committee on Armed Services. sonnel at McClellan as well as the State of greater distances to receive medical care; POM–296. A resolution adopted by the Mili- California that would result from closure of tary Chaplains Association relative to cost- and ‘‘Whereas, the Federal government is con- the base is inestimable in terms of tech- of-living adjustments; to the Committee on nology, health and welfare, jobs, and commu- Armed Services. templating making even further major changes to the CHAMPUS program. These nity spirit. Now, therefore, be it POM–297. A resolution adopted by the Mili- ‘‘Resolved by the Assembly and Senate of the changes will cause dislocation in the pro- tary Chaplains Association relative to the State of California, jointly, That the Legisla- vider networks that will require that mili- Uniformed Services University of the Health ture of the State of California respectfully tary families endure a stressful transition to Services; to the Committee on Armed Serv- memorializes the Defense Base Closure and new doctors and providers; and ices. Realignment Commission, the President and POM–298. A resolution adopted by the ‘‘Whereas, many of these changes will re- sult in fewer medical providers available to Congress of the United States to consider the House of the Legislature of the State of strategic importance of McClellan Air Force Texas; to the Committee on Armed Services. families which will adversely affect medical quality: Now, therefore, be it Base and to oppose proposals to close this ‘‘RESOLUTION NO. 38 ‘‘Resolved by the Assembly and Senate of the important military installation; and be it ‘‘Whereas, Americans recognize and appre- State of California, jointly, That the Legisla- further ciate the enormous sacrifices made by ture of the State of California respectfully ‘‘Resolved, That the Chief Clerk of the As- United States military personnel who served memorializes the United States Department sembly transmit copies of this resolution to courageously in the Vietnam War and the of Defense to make every effort to ensure the Chairman of the Defense Base Closure conflict in Southeast Asia, some of whom are that the commitment made to provide med- and Realignment Commission, to the Presi- still classified as missing in action; and ical benefits to our military and veteran dent and Vice President of the United ‘‘Whereas, while the status of most of the families through the CHAMPUS program be States, and to each Senator and Representa- American soldiers who lost their lives or honored, and that when changes are con- tive from California in the Congress of the were injured during this long military en- templated for the program that priority be United States. gagement is certain, the fate of more than given to protecting the benefits of military f 2,000 military personnel remains unknown and veteran families by ensuring that qual- EXECUTIVE REPORTS OF decades after the United States’ final with- ity medical care is available at convenient drawal from Vietnam; and locations for these families, and in doing COMMITTEES ‘‘Whereas, the unresolved status of those this, that the Department of Defense take The following executive reports of brave individuals is, understandably, a into consideration the impact and the dis- committees were submitted: source of great concern for their families, location caused to military and veteran fam- By Mr. THURMOND, from the Committee their friends, and their fellow citizens and ilies by previous changes to the program and on Armed Services: represents a chapter in our nation’s history that any future changes be designed to mini- * John T. Conway, of New York, to be a that cannot be satisfactorily concluded until mize further dislocation and to enhance the Member of the Defense Nuclear Facilities their whereabouts are known; and CHAMPUS program rather than to reduce Safety Board for a term expiring October 18, ‘‘Whereas, recognizing the important of the benefits already earned by our military; 1999. this vital obligation to American military and be it further personnel and their families, the United ‘‘Resolved, That the Chief Clerk of the As- (The above nomination was reported States Congress has sought to locate these sembly transmit copies of this resolution to with the recommendation that he be

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14086 CONGRESSIONAL RECORD — SENATE September 21, 1995 confirmed, subject to the nominee’s (list begins with John A. Belzer) (Reference The following-named officer to be placed commitment to respond to requests to No. 563). on the retired list of the U.S. Navy in the appear and testify before any duly con- **In the Army Reserve there are 23 pro- grade indicated under section 1370 of title 10, stituted committee of the Senate.) motions to the grade of colonel and below United States Code: Mr. THURMOND. Mr. President, for (list begins with Robert Bellhouse) (Ref- To be admiral erence No. 564). Adm. William O. Studeman, 000–00–0000. the Committee on Armed Services, I **In the Army Reserve there are 34 pro- report favorably the attached listing of The following-named officer form pro- motions to the grade of colonel and below motion in the Navy of the United States to nominations. (list begins with Terry C. Amos) (Reference Those identified with a single aster- the grade indicated under title 10, United No. 565). States Code, section 624: isk (*) are to be placed on the Execu- **In the Naval Reserve there are 777 pro- SENIOR HEALTH CARE EXECUTIVE tive Calendar. Those identified with a motions to the grade of commander (list be- double asterisk (**) are to lie on the gins with Andrew W. Acevedo) (Reference To be rear admiral Secretary’s desk for the information of No. 566). Rear Adm. (LH) S. Todd Fisher, 000–00–0000, **In the Army there are 410 promotions to any Senator since these names have al- U.S. Navy. the grade of major (list begins with Jeffrey To following-named rear admirals (lower ready appeared in the RECORDS of July S. Almony) (Reference No. 567). half) in the restricted line of the U.S. Navy 20, July 24, August 3, August 10, and *Adm. William O. Studeman, USN to be for promotion to the permanent grade of rear September 5, 1995, and ask unanimous placed on the retired list in the grade of ad- admiral, pursuant to title 10, United States consent, to save the expense of reprint- miral (Reference No. 568). Code, section 624, subject to qualifications ing on the Executive Calendar, that *Vice Adm. Norman W. Ray, USN to be therefore as provided by law: these nominations lie at the Sec- placed on the retired list in the grade of vice AREOSPACE ENGINEERING DUTY OFFICER admiral (Reference No. 569). retary’s desk for the information of To be rear admiral **In the Army Reserve there are 35 pro- Senators. motions to the grade of colonel and below Rear Adm. (L) Barton D. Strong, 000–00– The PRESIDING OFFICER. Without (list begins with David G. Barton) (Reference 0000, U.S. Navy. objection, it is so ordered. No. 580). SPECIAL DUTY OFFICER (CRYPTOLOGY) (The nominations ordered to lie on **In the Air Force Reserve there are 9 pro- To be rear Admiral the Secretary’s desk were printed in motions to the grade of lieutenant colonel Rear Adm. (L) Thomas F. Stevens, 000–00– the RECORDS of July 20, 24, August 3, 10, (list begins with Michael D. Bouwman) (Ref- 0000, U.S. Navy. and September 5, 1995 at the end of the erence No. 606). Nominate the following-named rear admi- Senate proceedings.) **In the Air Force Reserve there are 20 pro- rals (Lower Half) in the Supply Corps of the motions to the grade of lieutenant colonel *In the Navy there are 2 promotions to the U.S. Navy for promotion to the permanent (list begins with Gary L. Ebben) (Reference grade of rear admiral (list begins with Ralph grade of rear admiral, pursuant to title 10, No. 607). Melvin Mitchell, Jr.) (Reference No. 97). United States Code, section 624, subject to *In the Naval Reserve there are 10 pro- **Col. Michael L. Jones, USA for appoint- qualifications therefore as provided by law: ment as Director of Admissions at the motions to the grade of rear admiral (lower SUPPLY CORPS half) (list begins with Kenneth Peter United States Military Academy (Reference To be rear admiral Barausky) (Reference No. 165). No. 608). *In the Navy there are 2 promotions to the **In the Army Reserve there are 44 pro- RADM (LH) Ralph Melv Mitchell, Jr., 000– grade of rear admiral (list begins with Bar- motions to the grade of colonel and below 00–0000, U.S. Navy. ton D. Strong) (Reference No. 249). (list begins with Gerard H. Barloco) (Ref- RADM (LH) Leonard Vincent, 000–00–0000, *Rear Adm. (lower half) S. Todd Fisher, erence No. 609). U.S. Navy. USN to be rear admiral (Reference No. 526). **In the Navy there are 5 appointments to The following named captains of the Re- *Col. William J. Dendinger, USAF to be the grade of ensign (list begins with Jeremy serve of the U.S. Navy for permanent pro- brigadier general (Reference No. 531). L. Hilton) (Reference No. 610). motion to the grade of rear admiral (lower **In the Army there are 2 promotions to **In the Air Force Reserve there are 21 ap- half) in the line and staff corps, as indicated, the grade of lieutenant colonel and below pointments to the grade of colonel and below pursuant to the provision of title 10, United (list begins with John D. Pitcher) (Reference (list begins with Maria A. Berg) (Reference States Code, section 5912: No. 534). No. 619). UNRESTRICTED LINE OFFICER **In the Navy there are 4 appointments to **In the Army there are 3 promotions to To be rear admiral (lower half) the grade of ensign (list begins with Kyujin the grade of lieutenant colonel and below J. Choi) (Reference No. 535). (list begins with Lillian A. Foerster) (Ref- Capt. Kenneth Peter Barausky, 000–00–0000, **In the Air Force Reserve there are 29 pro- erence No. 620). U.S. Naval Reserve. motions to the grade of lieutenant colonel **In the Navy and Naval Reserve there are Capt. Martin Edward Janczak, 000–00–0000, (list begins with Von S. Bashay) (Reference 10 appointments to the grade of commander U.S. Naval Reserve. No. 538). and below (list begins with Gary E. Sharp) Capt. Pierce Jarvis Johnson, 000–00–0000, **In the Navy there are 11 appointments to (Reference No. 621). U.S. Naval Reserve. the grade of ensign (list begins with Scott A. **In the Air Force there are 140 appoint- Capt. Michael Robert Scott, 000–00–0000, Avery) (Reference No. 539). ments to the grade of second lieutenant (list U.S. Naval Reserve. **In the Marine Corps there are 7 appoint- begins with Mark B. Allen) (Reference No. INTELLIGENCE OFFICER ments to the grade of second lieutenant (list 622). To be real admiral (lower half) begins with Bradley J. Harms) (Reference *Rear Adm. (lower half) David J. Nash, No. 540). Capt. Larry Lafayette Poe, 000–00–0000, USN to be rear admiral (Reference No. 627). U.S. Naval Reserve. **In the Marine Corps Reserve there are 35 Total: 2,421. promotions to the grade of colonel (list be- The following-named officer for appoint- PUBLIC AFFAIRS OFFICER gins with Charles H. Allen) (Reference No. ment to the grade of lieutenant general in To be rear admiral (lower half) 541). the U.S. Marine Corps while assigned to a po- Capt. Richard Harry Wells, 000–00–0000, U.S. **In the Naval Reserve there are 159 pro- sition of importance and responsibility under Naval Reserve. motions to the grade of captain (list begins title 10, United States Code, section 601: MEDICAL CORPS OFFICER with Glenn M. Amundson) (Reference No. Maj. Gen. Jefferson D. Howell, Jr., 000–00– 542). 0000. To be rear admiral (lower half) **In the Naval Reserve there are 411 pro- The following-named officer for promotion Capt. John Bert Cotton, 000–00–0000, U.S. motions to the grade of commander (list be- in the Navy of the United States to the grade Naval Reserve. gins with Richard J. Alioto) (Reference No. indicated under title 10, United States Code, Capt. John Conant Weed, Jr., 000–00–0000, 543). section 624: U.S. Naval Reserve. **In the Marine Corps Reserve there are 166 promotions to the grade of lieutenant colo- CIVIL ENGINEER CORPS SUPPLY CORPS nel (list begins with Douglas E. Akers) (Ref- To be rear admiral To be rear admiral (lower half) erence No. 544). Rear Adm. (LH) David J. Nash, 000–00–0000, Capt. Fred Joseph Schuber III, 000–00–0000, *Maj. Gen. Jefferson D. Howell, Jr., USMC U.S. Navy. U.S. Naval Reserve. to be lieutenant general (Reference No. 561). The following-named officer to be placed CHAPLAIN CORPS **In the Army Reserve there are 9 pro- on the retired list of the U.S. Navy in the To be rear admiral (lower half) motions to the grade of colonel and below grade indicated under section 1370 of title 10, Capt. Peter Hess Beckwith, 000–00–0000, (list begins with Gerhard Braun) (Reference United States Code: No. 562). U.S. Naval Reserve. **In the Army Reserve there are 36 pro- To be vice admiral The following-named officer for promotion motions to the grade of colonel and below Vice Adm. Norman W. Ray, 000–00–0000. in the Regular Air Force of the United

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14087 States to the grade of brigadier general There being no objection, the bill was single grant under subsection (b), for a term under title 10, United States Code, section ordered to be printed in the RECORD, as of not to exceed 3 years. 624: follows: (g) TECHNICAL ASSISTANCE AND RELATED IN- To be brigadier general FORMATION.—The Secretary shall— Be it enacted by the Senate and House of Rep- (1) provide technical assistance regarding Col. William J. Dendinger, 000–00–0000, resentatives of the United States of America in United States Air Force. community food security projects, processes, Congress assembled, and development to entities seeking such as- (The above nominations were re- SECTION 1. SHORT TITLE. sistance; ported with the recommendations that This Act may be cited as the ‘‘Community (2) provide for the sharing of information they be confirmed.) Food Security Act of 1995’’. about community food security projects and f SEC. 2. ASSISTANCE FOR COMMUNITY FOOD SE- issues among and between government agen- CURITY PROJECTS. cies, private for-profit and nonprofit groups, INTRODUCTION OF BILLS AND (a) DEFINITIONS.—In this section: and the public through publications, con- JOINT RESOLUTIONS (1) COMMUNITY FOOD SECURITY PROJECT.— ferences, and other appropriate form; and The following bills and joint resolu- The term ‘‘community food security project’’ (3) participate in assessments of regional means a community-based project that— tions were introduced, read the first food security and share information with re- (A) is designed to— searchers, practitioners, and other interested and second time by unanimous con- (i) meet the food needs of low-income peo- sent, and referred as indicated: parties. ple; (h) EVALUATION AND REPORT.—The Sec- By Mr. LEAHY (for himself and Mr. (ii) increase the self-reliance of commu- retary shall— HARKIN): nities in providing for their own food needs; (1) provide for the evaluation of commu- S. 1265. A bill to authorize the Secretary of and nity food security projects supported using Agriculture to make temporary assistance (iii) promote comprehensive, inclusive, and funds under this section; and available to support community food secu- future-oriented solutions to local food, farm, (2) not later than January 30, 2000, submit rity projects designed to meet the food needs and nutrition problems; and to Congress a report on the results of the of low-income people, increase the self-reli- (B) requires a one-time infusion of Federal evaluation. ance of communities in providing for their assistance to become self-sustaining. (i) AUTHORIZATION OF APPROPRIATIONS.— own food needs, and promote comprehensive, (2) ELIGIBLE ENTITY.—The term ‘‘eligible There are authorized to be appropriated to inclusive, and future-oriented solutions to entity’’ means an entity that has experience carry out this section $4,000,000 for each of local food, farm, and nutrition problems, and in the area of— fiscal years 1996, 1997, 1998, 1999, and 2000. for other purposes; to the Committee on Ag- (A) community food work, including the f riculture, Nutrition, and Forestry. development of new markets in low-income f communities for agricultural producers, par- ADDITIONAL COSPONSORS ticularly small- and medium-sized farms; or S. 44 STATEMENTS ON INTRODUCED (B) job training and business development BILLS AND JOINT RESOLUTIONS activities for food-related businesses in low- At the request of Mr. REID, the name of the Senator from Wyoming [Mr. By Mr. LEAHY (for himself and income communities. (3) SECRETARY.—The term ‘‘Secretary’’ THOMAS] was added as a cosponsor of S. Mr. HARKIN): S. 1265. A bill to authorize the Sec- means the Secretary of Agriculture. 44, a bill to amend title 4 of the United (b) AUTHORIZATION.—The Secretary may retary of Agriculture to make tem- States Code to limit State taxation of make grants to assist eligible entities in es- certain pension income. porary assistance available to support tablishing and carrying out community food community food security projects de- security projects. S. 1257 signed to meet the food needs of low-in- (c) APPLICATIONS.—An eligible entity may At the request of Mr. WELLSTONE, the come people, increase the self-reliance submit to the Secretary an application, in name of the Senator from Illinois [Ms. of communities in providing for their such form and containing such information MOSELEY-BRAUN] was added as a co- own food needs, and promote com- as the Secretary may require, that— sponsor of S. 1257, a bill to amend the (1) demonstrates competency in imple- prehensive, inclusive, and future-ori- Stewart B. McKinney Homeless Assist- menting a community food security project; ance Act to reauthorize programs re- ented solutions to local food, farm, and (2) demonstrates fiscal accountability; nutrition problems, and for other pur- (3) contains an agreement that the entity lating to homeless assistance for vet- poses; to the Committee on Agri- will collect data and prepare reports and erans. culture, Nutrition, and Forestry. other documentation, as required by the Sec- SENATE RESOLUTION 146 THE COMMUNITY FOOD SECURITY ACT OF 1995 retary; and At the request of Mr. JOHNSTON, the Mr. LEAHY. Mr. President, today I (4) demonstrates that the entity is willing name of the Senator from Nevada [Mr. to participate in a continuing assessment of REID] was added as a cosponsor of Sen- am introducing a bill with Senator regional food security and to share informa- HARKIN which is designed to help com- tion with researchers, practitioners, and ate Resolution 146, a resolution desig- munities alleviate hunger at the local other interested parties. nating the week beginning November level. The Community Food Security (d) PREFERENCE FOR CERTAIN PROJECTS.—In 19, 1995, and the week beginning on No- Act of 1995 will provide one-time grants selecting community food security projects vember 24, 1996, as ‘‘National Family to local organizations which are work- to be supported by grants under subsection Week’’, and for other purposes. (b), the Secretary shall give preference to ing to both meet the immediate food f needs of low-income people while seek- projects designed— (1) to develop linkages between 2 or more AMENDMENTS SUBMITTED ing future-oriented solutions to local sectors of the food system; food, farm and nutrition problems. (2) to support the development of entrepre- This is a good bill. It enjoyed strong neurial solutions to local food problems; THE FOREIGN OPERATIONS, EX- bipartisan support in the House. (3) to develop innovative linkages between PORT FINANCING, AND RELATED The Community Food Security Act the for-profit and nonprofit food sectors; or PROGRAMS APPROPRIATIONS will provide Federal support to local (4) to encourage long-term planning activi- ACT OF 1996 projects such as farmers market nutri- ties and multisystem, interagency ap- tion programs, food policy councils, proaches. (e) MATCHING FUNDS.— community gardens and urban farms COHEN AMENDMENT NO. 2724 (1) REQUIREMENTS.—The Federal share of all of which promote good nutrition the cost of establishing or carrying out a Mr. COHEN proposed an amendment while helping family farms. At a time community food security project that re- to the bill (H.R. 1868) making appro- when many people are advocating that ceives assistance under subsection (b) may priations for foreign operations, export we give more power to the States—this not exceed 50 percent of the cost during the financing, and related programs for the bill goes one step further. The Commu- term of the grant. fiscal year ending September 30, 1996, (2) CALCULATION.—The non-Federal share nity Food Security Act will give and for other purposes; as follows: money directly to the private organiza- of the cost of carrying out a community food At an appropriate place in the bill, insert tions who know where it is most need- security project may be provided through a payment in cash or in kind, fairly evaluated, the following new section: ed. including facilities, equipment, or services SEC. ll. REPORT ON RUSSIAN MILITARY OPER- Mr. President, I ask unanimous con- from private, State, or local sources. ATIONS. sent that the text of the bill be printed (f) SINGLE GRANT.—A community food se- (a) No later than three months after the in the RECORD. curity project may be supported by only a date of enactment of this act, the President

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14088 CONGRESSIONAL RECORD — SENATE September 21, 1995 shall declassify, to the maximum extent pos- first passing and sending to the President a SEC. . PROTECTION OF HUMANITARIAN EF- sible, and resubmit to the Congress the re- line item veto bill; FORTS. port submitted to the Congress pursuant to (8) it is now only 9 days until the end of the Notwithstanding any provision of law to section 528 of Public Law 103–236, with an ad- fiscal year when the fiscal year 1996 appro- the contrary: dendum updating the information in the re- priation bills need to become law in order to (a) FAMILY SUPPORT PAYMENTS.—Residents port. avoid disruption of the Government services; of the United States shall not be prohibited (b) The addendum referred to in subsection and from sending to their parents, siblings, (a) shall be unclassified to the maximum ex- (9) the conferees on S. 4 still have not met. spouses, or children currently residing in tent possible and shall address, inter alia— (b) SENSE OF THE SENATE.—It is the sense Cuba small amounts of money (not to exceed (1) Russian compliance or lack of compli- of the Senate that— $200 per month) to be used for the purchase ance with the Russian-Moldovan agreement (1) the conferees on S. 4 should meet by of basic necessities, including food, clothing, of October 24, 1994, providing for the with- September 26; household supplies, rent, medicines, and drawal of Russian military forces from (2) the conferees should expeditiously re- medical care. Moldova, subsequent Russian deployments of solve the differences between the 2 bills in (b) COMPASSIONATE TRAVEL.—Residents of military forces to Moldova and Russian ef- sufficient time for the House of Representa- the United States shall not be prohibited forts to secure long-term military basing tives and the Senate to consider the con- from traveling to Cuba for a period up to rights in Moldova; ference report on S. 4 prior to the time the thirty (30) days to attend to a medical emer- (2) possible Russian complicity in the coup President is required to act upon the first gency involving, or to attend the funeral of, attempt of September-October 1994 against fiscal year 1996 appropriation bill; and such resident’s parent, sibling, spouse, or the government of Azerbaijan and the exer- (3) if the conferees do not complete action child. tion of Russian pressure to influence deci- on the conference report in time to allow for (c) NATIONAL DISASTER RELIEF.—The sions regarding the path of pipelines that the House of Representatives and Senate to United States shall not be prohibited from will carry Azerbaijani oil; consider the conference report prior to the participating in humanitarian relief efforts (3) Russian efforts or agreements to as- time the President is required to act upon of multilateral organizations of which the sume partial or complete responsibility for the fiscal year 1996 appropriation bills, S. 4 United States is a member, where such hu- securing the borders of countries other than should, to the extent possible, contain provi- manitarian relief efforts are made in the Russia, using troops of the Russian Ministry sions making the provisions of S. 4 applica- aftermath of a natural disaster on the island of Defense, Ministry of the Interior or any ble to the fiscal year 1996 appropriation bills of Cuba. other security agency of the Russian Federa- and the 1995 reconciliation bill. tion; HELMS AMENDMENTS NOS. 2729– (4) Russian efforts to integrate its armed DOLE (AND OTHERS) AMENDMENT 2730 forces, other security forces, or intelligence NO. 2726 agencies with those of any other country and Mr. HELMS proposed two amend- the relationship of such efforts to the devel- Mr. DOLE (for himself, Mr. SIMON, ments to the bill H.R. 1868, supra, as opment of institutions under the Common- Mr. HELMS, Mr. HATFIELD, Mr. follows: wealth of Independent States; and D’AMATO, Mrs. FEINSTEIN, Ms. AMENDMENT NO. 2729 (5) Russian compliance with the Treaty on MOSELEY-BRAUN, Mr. BRADLEY, Mrs. On page 113, lines 25 and 26, strike ‘‘eight- Conventional Armed Forces in Europe and MURRAY, Mr. KERRY, Mr. PRESSLER, the Organization on Security and Coopera- een’’ and insert ‘‘twelve’’. Mr. MCCONNELL, Mr. LEAHY, Mr. KEN- tion in Europe’s Code of Conduct on the Po- On page 119, line 15, insert ‘‘and thereby litico-Military Aspects of Security. NEDY, and Mr. HARKIN) proposed an nullified’’ after the phrase ‘‘effectively dis- amendment to the bill H.R. 1868, supra, avowed’’. HARKIN (AND OTHERS) as follows: On page 120, lines 3 and 4, strike ‘‘in ac- cordance with the terms that may be agreed AMENDMENT NO. 2725 At the appropriate place in the bill, add the following: with Israel’’ and insert ‘‘that neither engage EIN in nor practice terrorism or violence in the Mr. HARKIN (for himself, Mr. F - LIMITATION ON ASSISTANCE TO COUNTRIES THAT implementation of their political goals’’ GOLD, Mr. DORNAN, Mr. BRADLEY, Mr. RESTRICT THE TRANSPORT OR DELIVERY OF On page 120, line 15, strike ‘‘and’’. ROBB, and Mr. WELLSTONE) proposed an UNITED STATES HUMANITARIAN ASSISTANCE On page 120, line 19, strike the period and amendment to the bill H.R. 1868, supra, SEC. . (a) IN GENERAL.—None of the funds insert ‘‘;and’’. as follows: made available in this Act may be used for On page 120, between lines 19 and 20, insert At the appropriate place, insert the fol- assistance in support of any country when it the following: lowing: is made known to the President that the (7) the P.L.O. has not funded, either par- SEC. ll. SENSE OF THE SENATE ON THE CON- government of such country prohibits or oth- tially or wholly, or has ceased funding, ei- FERENCE ON S. 4, THE LINE ITEM erwise restricts, directly or indirectly, the ther partially or wholly, any office, or other VETO ACT. transport or delivery of United States hu- presence of the Palestinian Authority in Je- (a) FINDINGS.—The Senate finds that— manitarian assistance. rusalem. (1) the line item veto was a major plank in (b) EXCEPTION.—Subsection (a) shall not (8) the P.L.O. is cooperating fully with the the House majority’s ‘‘Contract With Amer- apply to assistance in support of any country Government of the United States on the pro- ica’’ and has received strong bipartisan sup- when it is made known to the President that vision of information on United States na- port in the 104th Congress; the assistance is in the national security in- tionals known to have been held at any time (2) the House of Representatives on Feb- terest of the United States. by the P.L.O. or factions thereof. ruary 6, 1995, passed H.R. 2, the Line Item Veto Act of 1995, on a vote of 294–134; HELMS AMENDMENT NO. 2727 AMENDMENT NO. 2730 (3) the Senate on March 23, 1995, passed S. At the appropriate place in the Committee 4, the Separate Enrollment and Line Item Mr. HELMS proposed an amendment to the bill H.R. 1868, supra, as follows: amendment, insert the following new sec- Veto Act of 1995, on a vote of 69–29; tion: (4) the House of Representatives passed S. At the appropriate place in the committee 4, with the text of H.R. 2 inserted, by voice amendment insert the following: COERCIVE POPULATION CONTROL METHODS SEC. . Notwithstanding any other pro- vote on May 17, 1995, 50 days after passage by PROHIBITION ON USE OF FUNDS FOR RELOCATING ll vision of this Act or other law, none of the the Senate; AID TO FEDERAL TRIANGLE BUILDING (5) notwithstanding the failure of the funds appropriated by this Act may be made SEC. 577. Notwithstanding any other provi- House of Representatives to request a con- available for the United Nations Population sion of law, none of the funds appropriated or ference, the Senate disagreed with the House Fund (UNFPA), unless the President cer- otherwise made available by this Act may be amendment, requested a conference, and ap- tifies to the appropriate congressional com- used to relocate the Agency for Inter- pointed conferees on S. 4 on June 20, 1995; mittees that (1) the United Nations Popu- (6) the House of Representatives appointed national Development, or any part of that lation Fund has terminated all activities in conferees on September 7, 1995, 168 days after agency, to the Federal Triangle Building in the People’s Republic of China; or (2) during both Houses of the Congress had passed line Washington, District of Columbia. the 12 months preceding such certification, item veto legislation; there have been no abortions as the result of (7) with the passage of time, it increasingly BINGAMAN (AND PELL) coercion associated with the family planning appears that the Congress may pass and send AMENDMENT NO. 2728 policies of the national government or other to the President not only the appropriations Mr. BINGAMAN (for himself and Mr. governmental entities within the People’s bills for fiscal year 1996 but also the rec- Republic of China. As used in this section onciliation bill required by H. Con. Res. 67 PELL) proposed an amendment to the the term ‘‘coercion’’ includes physical duress (the concurrent resolution setting forth the bill H.R. 1868, supra, as follows: or abuse, destruction or confiscation of prop- congressional budget for fiscal years 1996, At the appropriate place insert the fol- erty, loss of means of livelihood, or severe 1997, 1998, 1999, 2000, 2001, and 2002) without lowing: psychological pressure.

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14089 BINGAMAN (AND PELL) port of the United States Telecommuni- LIMITATION ON CALLABLE CAPITAL AMENDMENT NO. 2731 cations Training Institute; SUBSCRIPTIONS The United States Governor of the North Mr. BINGAMAN (for himself and Mr. PELL) American Development Bank may subscribe proposed an amendment to amendment No. COVERDELL AMENDMENT NO. 2737 without fiscal year limitation to the callable 2728 proposed by Mr. BINGAMAN to the bill Mr. MCCONNELL (for Mr. COVER- capital portion of the United States share of H.R. 1868, supra, as follows: DELL) proposed an amendment to the the capital stock of the North American De- Strike all after the first word and insert bill H.R. 1868, supra; as follows: velopment Bank in an amount not exceed, the following: At the appropriate place in the bill, insert $318,750,000. PROTECTION OF HUMANITARIAN EFFORTS the following: Notwithstanding any provision of law to SEC. . Notwithstanding any other provi- WELLSTONE AMENDMENT NO. 2741 the contrary: sion of this Act, $20,000,000 of the funds made (a) FAMILY SUPPORT PAYMENTS.—Residents available under this Act for or through the Mr. MCCONNELL (for Mr. of the United States shall not be prohibited Agency for International Development shall WELLSTONE) proposed an amendment to from sending to their parents, siblings, be transferred to, and merged with, the ap- the bill H.R. 1868, supra, as follows: spouses, or children currently residing in propriations account entitled ‘‘INTER- On Page 43, under the heading ‘‘Inter- Cuba small amounts of money (not to exceed NATIONAL NARCOTICS CONTROL’’ and shall be national Organizations and Programs’’, add $195 per month) to be used for the purchase available for the same purposes for which the following proviso; ‘‘Provided further, that of basic necessities, including food, clothing, funds in such account are available. not less than $1,500,000 of the funds appro- household supplies, rent, medicines, and priated under this heading shall be made medical care. GORTON AMENDMENT NO. 2738 available for the United Nations Fund for (b) COMPASSIONATE TRAVEL.—Residents of Victims of Torture;’’ the United States shall not be prohibited Mr. MCCONNELL (for Mr. GORTON) from traveling to Cuba for a period up to proposed an amendment to the bill thirty (30) days to attend to a medical emer- H.R. 1868, supra; as follows: DODD (AND OTHERS) AMENDMENT gency involving, or to attend the funeral of, At the end of section 546 of the bill, insert NO. 2742 such resident’s parent, sibling, spouse, or the following: Mr. MCCONNELL (for Mr. DODD for child. (c) The President may transfer to Estonia himself, Mr. LEAHY, Mrs. MURRAY, Mr. (c) NATIONAL DISASTER RELIEF.—The such excess defense articles as the President DORGAN, and Mr. LUGAR) proposed an United States shall not be prohibited from determines necessary to help modernize the amendment to the bill H.R. 1868, supra, participating in humanitarian relief efforts defense capabilities of Estonia, subject to of multilateral organizations of which the the requirements of subsections (b) through as follows: United States is a member, where such hu- (f) of section 519 of the Foreign Assistance On page 11, line 3 strike ‘‘$15,000,000’’ and manitarian relief efforts are made in the Act of 1961 (22 U.S.C. 2321m). insert in lieu thereof ‘‘$30,000,000’’. aftermath of a natural disaster on the island of Cuba. STEVENS (AND OTHERS) DODD (AND LEAHY) AMENDMENT AMENDMENT NO. 2739 NO. 2743 KERRY AMENDMENTS NOS. 2732– Mr. MCCONNELL (for Mr. DODD for 2733 Mr. MCCONNELL (for Mr. STEVENS for himself, Mr. HATFIELD, and Mr. himself, Mr. LEAHY) proposed an Mr. KERRY proposed two amendments to INOUYE) proposed an amendment to the amendment to the bill H.R. 1868, supra, the bill H.R. 1868, supra, as follows: bill H.R. 1868, supra; as follows: as follows: MENDMENT NO. 2732 A On page 18, line 24, after ‘‘assistance:’’ in- At the appropriate place in the bill add the On page 26 of the bill, strike lines 4 sert the following: following new section: through 22. Provided further, That not less than the SEC. . GUATEMALA. Egyptian pound equivalent of $85,000,000 gen- (a) FINDINGS.—The Congress makes the fol- AMENDMENT NO. 2733 erated from funds made available by this lowing findings: On page 29 of the bill, strike the word ‘‘Ap- paragraph, or from any other source includ- (1) The Government of Guatemala, under propriations:’’ on line 17 and all that follows ing from funds made available for Egypt for President De Leon Carpio, has made signifi- it on that page and insert in lieu thereof: fiscal year 1997, shall be made available to cant progress towards negotiating an end to ‘‘Appropriations.’’ the United States pursuant to the United Guatemala’s civil conflict which has resulted States-Egypt Economic, Technical and Re- in numerous human rights violations, COCHRAN AMENDMENT NO. 2734 lated Assistance Agreements of 1978, for the claimed tens of thousands of lives and im- following endowments established under peded economic development in that coun- Mr. MCCONNELL (for Mr. COCHRAN) such Agreements: the Egyptian pound equiv- try; proposed an amendment to the bill alent of $50,000,000 shall be made available to (2) President De Leon Carpio has taken H.R. 1868, supra; as follows: replenish the existing endowment for the steps to improve human rights, including his American University in Cairo, and the Egyp- On page 43, line 17, strike out ‘‘Provided,’’ support for the U.N. mission for the tian pound equivalent of $35,000,000 shall be and insert in lieu thereof ‘‘Provided, That not verification of human rights and of compli- made available to replenish the existing en- less than $3,000,000 of the funds appropriated ance with the commitments of the com- dowment for projects and programs which under this heading shall be made available prehensive agreement of human rights in promote the preservation and restoration of for the World Food Program: Provided fur- Guatemala (Minugua) and his recent deci- Egyptian antiquities: ther,’’. sion to abolish the military commissioners, but his efforts to bring human rights viola- tors to justice have been impeded by certain SHELBY AMENDMENT NO. 2735 DOMENICI (AND OTHERS) AMENDMENT NO. 2740 members of the Guatemalan armed forces; Mr. MCCONNELL (for Mr. SHELBY) (3) Despite numerous appeals by the fami- Mr. MC OMENICI proposed an amendment to the bill CONNELL (for Mr. D lies of victims of human rights abuses, H.R. 1868, supra; as follows: for himself, Mrs. HUTCHISON, Mr. KYL, human rights organizations and Members of Mr. MCCAIN, Mr. BINGAMAN, and Mr. the United States Congress, there has been On page 11, line 10 insert after ‘‘Zaire’’ ‘‘: GRAMM) proposed an amendment to the minimal progress towards resolving specific Provided further, That, not less than $2,000,000 bill H.R. 1868, supra, as follows: human rights cases including cases involving shall be provided to the International Fer- American citizens or their relatives; tilizer Development Center’’. NORTH AMERICAN DEVELOPMENT BANK (4) President De Leon Carpio deserves the For payment to the North American Devel- support of the United States in his efforts to INOUYE AMENDMENT NO. 2736 opment Bank by the Secretary of the Treas- resolve Guatemala’s conflict peacefully, to ury, for the United States share of the paid- support Democratic elections, and to im- Mr. MCCONNELL (for Mr. INOUYE) in portion of the capital stock, $25,000,000, to prove respect for human rights. proposed an amendment to the bill remain available until expended; Provided, (b) LIMITATIONS.—Notwithstanding any H.R. 1868, supra; as follows: that for the payment to the Enterprise for other provisions of law— At the appropriate place under the heading the Americas Multilateral Investment Fund (1) No assistance in this act or any other on page 8, ‘‘Economic Assistance’’ add the by the Secretary of the Treasury, for the act shall be made available to the Guate- following provision; United States contribution to the fund to be malan Armed Forces or the URNG; ‘‘Provided further, That not less than administered by the Inter-American Devel- (2) No sales of defense articles or services $800,000 of the funds made available under opment Bank, $45,000,000 is provided to re- shall be licensed or approved for Guatemala this heading shall be made available for sup- main available until expended. for the Armed Forces or URNG; and

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14090 CONGRESSIONAL RECORD — SENATE September 21, 1995 (3) No visas shall be granted for any mem- (2) As a result of the Peruvian interdiction ‘‘: Provided further, That the President ber of the Guatemalan Armed Forces or the program, the number of illicit flights de- should seek the agreement of the Prime Min- URNG suspected of participating in or order- tected in recent months has dropped to its ister of Turkey to permit access throughout ing any violation of human rights or of seek- lowest level in over three years and the price Turkey for international humanitarian orga- ing to coverup or otherwise thwart the inves- of transporting narcotics out of Peru has nizations which operate confidentially, and tigation of such acts. risen by as much as 500 percent. report to the Committee on Appropriations (c) CERTIFICATION. (c) The inability of the traffickers to move by June 1, 1996, on progress towards such The limitations contained in subsection (b) cocaine base out of Peru has produced a glut agreement’’ shall cease to apply when the President cer- of coca leaf and cocaine base in Peru with a tifies to the Committee on Appropriations resulting 50 percent decline in the price. BROWN (AND OTHERS) (4) The Peruvian government’s ability to and the Committee on Foreign Relations AMENDMENT NO. 2749 that— sustain the success of its interdiction pro- (1) The Guatemalan Armed Forces and the gram is dependent on the maintenance and Mr. MCCONNELL (for Mr. BROWN for URNG are fully cooperating with efforts— upkeep of a very limited number of aircraft. himself, Mr. SIMON, Ms. MIKULSKI, Mr. (A) By the family of U.S. citizen Michael (5) As a result of the internal Peruvian po- ROTH, Mr. DOLE, Mr. HELMS, Ms. litical situation and the conflict earlier this Devine who was murdered in 1990 to bring to MOSELEY-BRAUN, Mr. SANTORUM, Mr. justice those responsible for the murder or year between Peru and Ecuador, the United MCCONNELL, and Mr. SPECTER) pro- coverup of the murder; States suspended military transfers to Peru. (B) The October 1994 murders of Roderico (6) As much as 80 percent of the cocaine posed an amendment to the bill H.R. Baudilio De Leon and Flavio Matias that reaches the United States comes from 1868, supra, as follows: Marroquin coca grown in Peru and the disruption of the On page 121, below line 24, add the fol- (C) By Jennifer Harbury to exhume the air corridor between Peru and Colombia is lowing: body of her husband, Efrain Bamaca important to United States counter nar- TITLE VII—NATO PARTICIPATION ACT Velasquez; and cotics efforts. AMENDMENTS OF 1995 (D) By human rights organizations and the (7) The situations which led to the cutoff of SECTION 701. SHORT TITLE. Guatemalan Attorney General to investigate military equipment for the air interdiction effort have been satisfactorily resolved or This title may be cited as the ‘‘NATO Par- and bring to justice those involved in the ticipation Act Amendments of 1995’’. prominent human rights cases committed by have progressed to a point where the cutoff both sides to the conflict, including those of this military equipment is no longer in SEC. 702. FINDINGS. The Congress makes the following findings: cases enumerated in the April 7, 1995 letter the interest of the United States. (1) Since 1949, the North Atlantic Treaty to President Clinton by twelve Members of (b) It is the sense of the Senate that the Organization (NATO) has played an essential the United States Senate. President should, as soon as possible, provide (2) The Guatemalan Government and limited spare parts and other military equip- role in guaranteeing the security, freedom, Armed Forces are complying with the rec- ment to the government of Peru in support and prosperity of the United States and its ommendations in Minugua’s first and second of Peruvian Air Force efforts to monitor, partners in the Alliance. reports, particularly those related to the in- intercept and interdict aircraft and other (2) NATO has expanded its membership on vestigation and prosecution of human rights forms of transportation engaged in illegal three different occasions since 1949. cases. narcotics trafficking activities. (3) The sustained commitment of the mem- (3) The U.S. Representatives to the United ber countries of NATO to mutual defense of Nations Human Rights Commission has con- PELL (AND OTHERS) AMENDMENT their security ultimately made possible the democratic transformation in Central and sulted with Representatives of other member NO. 2746 states to determine whether respect for Eastern Europe and the demise of the Soviet human rights would be enhanced by the ap- Mr. MCCONNELL (for Mr. PELL for Union. pointment of a special United Nations himself, Mr. SIMON, Ms. MIKULSKI, and (4) NATO was designed to be and remains a Rapporteur for Guatemala. Mr. SARBANES) proposed an amendment defensive military organization whose mem- to the bill H.R. 1868, supra, as follows: bers have never contemplated the use of, or used, military force to expand the borders of MCCAIN (AND KERRY) On page 9, insert after the end of line 8 the its member states. AMENDMENT NO. 2744 following: Provided further, That the Presi- (5) While the immediate threat to the secu- dent shall seek to ensure that the percentage Mr. MCCONNELL (for Mr. MCCAIN for rity of the United States and its allies has of funds made available under this heading been reduced with the collapse of the Iron himself and Mr. KERRY) proposed an for the activities of private and voluntary amendment to the bill H.R. 1868, supra, Curtain, new security threats, such as the organizations and cooperatives is at least situation in Bosnia and Herzegovina, are as follows: equal to the percentage of funds made avail- emerging to the shared interests of the mem- On page 104, strike lines 7 through 10 and able pursuant to corresponding authorities ber countries of NATO. insert the following: in law for the activities of private and vol- (6) NATO remains the only multilateral se- SEC. 570. None of the funds made available untary organizations and cooperatives in fis- curity organization capable of conducting ef- in this Act may be used for international cal year 1995: fective military operations to protect West- narcotics control assistance under chapter 8 ern security interests. of part I of the Foreign Assistance Act of PELL (AND LEAHY) AMENDMENT (7) NATO has played a positive role in 1961, or crop substitution assistance, directly NO. 2747 defusing tensions between NATO members for the Government of Burma unless the Sec- Mr. MCCONNELL (for Mr. PELL for and, as a result, no military action has oc- retary of State certifies to the appropriate curred between two NATO member states himself and Mr. LEAHY) proposed an congressional committees that any such pro- since the inception of NATO in 1949. grams are fully consistent with United amendment to the bill H.R. 1868, supra, (8) NATO is also an important diplomatic States human rights concerns in Burma and as follows: forum for the discussion of issues of concern serve a vital United States national interest. At the appropriate place in the bill, insert to its member states and for the peaceful The President shall include in the annual the following: resolution of disputes. International Narcotics Control Strategy Of the funds appropriated for Turkey under (9) America’s security, freedom, and pros- Report submitted under chapter 8 of part I of the heading ‘‘Economic Assistance’’, not less perity remain linked to the security of the the Foreign Assistance Act of 1961 a descrip- than $5 million shall be made available only countries of Europe. tion of the programs funded under this sec- through non-governmental organizations to (10) Any threat to the security of the newly tion. be used only for projects in the ten south- emerging democracies in Europe would pose eastern provinces currently under a state of a security threat to the United States and KERRY AMENDMENT NO. 2745 emergency, and shall be used only for its European allies. projects designed to promote economic de- (11) The admission to NATO of European Mr. MCCONNELL (for Mr. KERRY) velopment, cultural and ethnic tolerance, countries that have been freed from Com- proposed an amendment to the bill and human rights activities, and to support munist domination and that meet specific H.R. 1868, supra, as follows: the development and activities of non-gov- criteria for NATO membership would con- At the appropriate place add the following ernmental organizations. tribute to international peace and enhance new section: the security of the region. Sec. . (a) The Senate finds the following: LEAHY AMENDMENT NO. 2748 (12) A number of countries have expressed (1) Since March 1995 the Peruvian govern- varying degrees of interest in NATO mem- ment has engaged in an aggressive air inter- Mr. MCCONNELL (for Mr. LEAHY) bership, and have taken concrete steps to diction program to prevent narcotics traf- proposed an amendment to the bill demonstrate this commitment. fickers from violating Peruvian airspace for H.R. 1868, supra, as follows: (13) Full integration of Central and East the purpose of transporting illegal narcotics On page 36, line 4, after the word ‘‘Turkey’’ European countries into the North Atlantic to Colombia. insert the following: Alliance after such countries meet essential

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14091 criteria for admission would enhance the se- from Communist domination. The President ‘‘(F) Funds appropriated under the ‘Non- curity of the Alliance and, thereby, con- may make such a designation in the case of proliferation and Disarmament Fund’ ac- tribute to the security of the United States. any such country only if the President deter- count’’. (14) The expansion of NATO can create the mines, and reports to the designated con- ‘‘(G) Assistance under chapter 6 of part II stable environment needed to successfully gressional committees, that such country of the Foreign Assistance Act of 1961 (relat- complete the political and economic trans- meets the criteria specified in paragraph (3). ing to peacekeeping operations and other formation envisioned by European states ‘‘(3) CRITERIA.—The criteria referred to in programs).’’. emerging from Communist domination. paragraph (2) are, with respect to each coun- ‘‘(H) Authority for the Department of De- (15) In recognition that not all countries try, that the country— fense to pay excess defense articles costs for which have requested membership in NATO ‘‘(A) has made or is making significant countries designated for both grant lethal will necessarily qualify at the same pace, the progress toward establishing— and nonlethal excess defense articles. accession date for each new member will ‘‘(i) shared values and interests; ‘‘(I) Authority to convert FMF loans to vary. ‘‘(ii) democratic governments; grants, and grants to loans, for eligible coun- (16) Nothing in this title should be con- ‘‘(iii) free market economies; tries. strued as precluding the eventual NATO ‘‘(iv) civilian control of the military, of the (3) by inserting ‘‘(1)’’ immediately after membership of European countries never police, and of intelligence services; ‘‘TYPE OF ASSISTANCE.—’’; and under Communist domination, namely, Aus- ‘‘(v) adherence to the values, principles, (4) by adding at the end the following new tria, Finland, and Sweden. and political commitments embodied in the paragraphs: (17) The provision of NATO transition as- Helsinki Final Act of the Organization on ‘‘(2) For fiscal years 1996 and 1997, in pro- sistance should include those countries most Security and Cooperation in Europe; and viding assistance under chapter 5 of part II ready for closer ties with NATO and should ‘‘(vi) more transparent defense budgets and of the Foreign Assistance Act of 1961 for the be designed to assist other countries meeting is participating in the Partnership For Peace countries designated under subsection (d), specified criteria of eligibility to move for- defense planning process; the President shall include as an important ward toward eventual NATO membership. ‘‘(B) has made public commitments— component of such assistance the provision (18) The evaluation of future membership ‘‘(i) to further the principles of NATO and of sufficient language training to enable in NATO for countries emerging from Com- to contribute to the security of the North military personnel to participate further in munist domination should be based on the Atlantic area; programs for military training and in de- progress of those nations in meeting criteria ‘‘(ii) to accept the obligations, responsibil- fense exchange programs. for NATO transition assistance and evolving ities, and costs of NATO membership; and ‘‘(3) Of the amounts made available under NATO criteria, which require enhancement ‘‘(iii) to implement infrastructure develop- chapter 5 of part II of the Foreign Assistance of NATO’s security and the approval of all ment activities that will facilitate participa- Act of 1961 (relating to international mili- NATO members. tion in and support for NATO military ac- tary education and training), $5,000,000 for SEC. 703. UNITED STATES POLICY. tivities; fiscal year 1996 and $5,000,000 for fiscal year It should be the policy of the United ‘‘(C) is not ineligible for assistance under 1997 should support— States— section 563 of Public Law 103–306, with re- ‘‘(A) the attendance of additional military (1) to join with the NATO allies of the spect to transfers of equipment to a country personnel of countries designated under sub- United States to redefine the role of the the government of which the Secretary of section (d)(1) or (d)(2), particularly Poland, NATO Alliance in the post-Cold War world; State has determined is a terrorist govern- Hungary, the Czech Republic, and Slovakia, (2) to actively assist European countries ment for purposes of section 40(d) of the at professional military education institu- emerging from Communist domination in Arms Export Control Act; and tions in the United States in accordance their transition so that such countries may ‘‘(D) could, within five years of the deter- with section 544 of such Act; and eventually qualify for NATO membership; mination of the President under paragraph ‘‘(B) the placement and support of United and (1) or (2), be in a position to further the prin- States instructors and experts at military (3) to work to define the political and secu- ciples of the North Atlantic Treaty and to educational centers within the foreign coun- rity relationship between an enlarged NATO contribute to its own security and that of tries designated under subsection (d) that and the Russian Federation. the North Atlantic area. are receiving assistance under that chap- ‘‘(4) PROHIBITION ON FUNDING FOR PARTNER- ter.’’. SEC. 704. REVISIONS TO PROGRAM TO FACILI- TATE TRANSITION TO NATO MEM- SHIP FOR PEACE ACTIVITIES OR ON FUNDING FOR SEC. 705. ASSISTANCE FOR NATO PARTICIPATION BERSHIP. THE WARSAW INITIATIVE.—Effective 60 days ACT DESIGNEES. (a) ESTABLISHMENT OF PROGRAM.—Sub- after the date of enactment of the NATO The President is authorized to obligate and section (a) of section 203 of the NATO Par- Participation Act Amendments of 1995, no expend $60,000,000 from funds made available ticipation Act of 1994 (title II of Public Law funds authorized to be appropriated under under the Foreign Assistance Act of 1961 in 103–447; 22 U.S.C. 1928 note) is amended to any provision of law may be obligated or ex- support of countries designated to receive read as follows: pended for activities associated with the transition assistance under section 203(a) of ‘‘(a) ESTABLISHMENT OF PROGRAM.—The Partnership for Peace program or the War- the NATO Participation Act, as follows: President may provide expanded security as- saw Initiative until the President has des- (1) Poland: $20,000,000. sistance and other related assistance to ignated at least one country to participate (2) Czech Republic: $10,000,000. countries designated under subsection (d) to in the transition program established under (3) Hungary: $5,000,000. facilitate their transition to full NATO subsection (a).’’. (4) Slovakia: $5,000,000. membership.’’. (2) CONFORMING AMENDMENTS.— (5) Other European countries designated (b) ELIGIBLE COUNTRIES.— (A) Subsections (b) and (c) of section 203 of under subsection (d)(1) or subsection (d)(2): (1) ELIGIBILITY.—Subsection (d) of section such Act are amended by striking ‘‘countries $20,000,000. 203 of such Act is amended to read as follows: described in such subsection’’ each of the SEC. 706. TERMINATION OF ELIGIBILITY. ‘‘(d) DESIGNATION OF ELIGIBLE COUNTRIES.— two places it appears and inserting ‘‘coun- Section 203(f) of the NATO Participation ‘‘(1) PRESIDENTIAL REVIEW AND REPORT.— tries designated under subsection (d)’’. Act of 1994 (title II of Public Law 103–447; 22 Within 60 days of the enactment of the NATO (B) Subsection (e) of section 203 of such Act U.S.C. 1928 note) is amended to read as fol- Participation Act Amendments of 1995, the is amended— lows: President shall transmit to the Congress an (i) by striking ‘‘subsection (d)’’ and insert- ‘‘(f) TERMINATION OF ELIGIBILITY.—(1) The evaluation of Poland, Hungary, the Czech ing ‘‘subsection (d)(2)’’; and eligibility of a country designated under sub- Republic, and Slovakia, as well as all other (ii) by inserting ‘‘(22 U.S.C. 2394)’’ before section (d) for the program established in European countries emerging from Com- the period at the end. subsection (a) shall terminate 60 days after munist domination which have expressed an (C) Section 204(c) of such Act is amended the President makes a certification under interest in joining NATO, in accordance with by striking ‘‘any other Partnership for Peace paragraph (2) unless, within the 60-day pe- the criteria in paragraph (3) and specifically country designated under section 203(d)’’ and riod, the Congress enacts a joint resolution designate one or more of these countries to inserting ‘‘any country designated under sec- disapproving the termination of eligibility. be eligible to receive assistance under the tion 203(d)(2)’’. ‘‘(2) Whenever the President determines program established in subsection (a). The (c) TYPES OF ASSISTANCE.—Section 203(c) of that the government of a country designated President shall provide a report of the coun- such Act is amended— under subsection (d)— try-by-country evaluation as well as an eval- (1) by redesignating paragraphs (1) through ‘‘(A) no longer meets the criteria set forth uation of each designated country’s progress (4) as subparagraphs (A) through (D), respec- in subsection (d)(2)(A); toward conformance with criteria for full tively; and ‘‘(B) is hostile to the NATO alliance; or NATO membership. (2) by inserting after subparagraph (D) (as ‘‘(C) poses a national security threat to the ‘‘(2) OTHER EUROPEAN COUNTRIES EMERGING redesignated) the following new subpara- United States, FROM COMMUNIST DOMINATION.—In addition to graphs: then the President shall so certify to the ap- the country or countries designated pursu- ‘‘(E) Assistance under chapter 4 of part II propriate congressional committees. ant to paragraph (1), the President may des- of the Foreign Assistance Act of 1961 (relat- ‘‘(3) Nothing in this Act shall affect the eli- ignate other European countries emerging ing to the Economic Support Fund). gibility of countries to participate under

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14092 CONGRESSIONAL RECORD — SENATE September 21, 1995 other provisions of law in programs de- Albania, Bulgaria, Czech Republic, Estonia, (5) The voters of Hong Kong have over- scribed in this Act. Hungary, Latvia, Lithuania, Moldova, Po- whelmingly expressed their desire for the es- (b) CONGRESSIONAL PRIORITY PROCE- land, Romania, Slovakia, Slovenia, and tablishment of a fully democratic govern- DURES.—Section 203 of such Act is amended Ukraine.’’. ment by electing 60 Legislative Councillors by adding at the end the following new sub- for four-year terms. section: BYRD (AND OTHERS) AMENDMENT (b) SENSE OF CONGRESS.—It is the sense of ‘‘(g) CONGRESSIONAL PRIORITY PROCE- the Congress that— DURES.— NO. 2750 (1) the people of Hong Kong are to be con- ‘‘(1) APPLICABLE PROCEDURES.—A joint res- Mr. MCCONNELL (for Mr. BYRD for gratulated for exercising their right to vote olution described in paragraph (2) which is himself, Mr. INOUYE, Mr. LEAHY, Mr. on September 17, 1995; introduced in a House of Congress after the NUNN, Mr. HATFIELD, Mr. STEVENS, Mr. (2) the People’s Republic of China should date on which a certification made under respect the clear will of the people of Hong THOMAS, Mr. ROBB, and Mr. LUGAR) subsection (f)(2) is received by Congress shall Kong to have a fully democratic government; be considered in accordance with the proce- proposed an amendment to the bill (3) the Government of the People’s Repub- dures set forth in paragraphs (3) through (7) H.R. 1868, supra, as follows: lic of China should enter into a dialogue with of section 8066(c) of the Department of De- Strike all after ‘‘that’’ on p. 108, line 18 the democratically elected representatives of fense Appropriations Act, 1985 (as contained through line 10 on page 109, and insert in lieu the Hong Kong people; and in Public Law 98–473 (98 Stat. 1936)), except thereof the following: (4) the Government of the People’s Repub- that— (a) in accordance with Section 1 of the lic of China should respect the mandate of ‘‘(A) references to the ‘resolution described Agreed Framework, KEDO has designated a the elected members by withdrawing its in paragraph (1)’ shall be deemed to be ref- Republic of Korea company, corporation or pledge to abolish the Legislative Council in erences to the joint resolution; and entity for the purpose of negotiating a prime violation of the Joint Declaration’s provi- ‘‘(B) references to the Committee on Ap- contract to carry out construction of the sions on Hong Kong’s legislature and auton- propriations of the House of Representatives light water reactors provided for in the omy in all but defense and foreign affairs. and to the Committee on Appropriations of Agreed Framework; and the Senate shall be deemed to be references (b) the DPRK is maintaining the freeze on McCONNELL AMENDMENT NO. 2753 to the Committee on International Relations its nuclear facilities as required in the of the House of Representatives and the Agreed Framework; and Mr. MCCONNELL proposed an Committee on Foreign Relations of the Sen- (c) the United States is taking steps to as- amendment to the bill H.R. 1868, supra; ate. sure that progress is made on (1) the North as follows: ‘‘(2) TEXT OF JOINT RESOLUTION.—A joint South dialogue, including efforts to reduce AMENDMENT NO. 2753 resolution under this paragraph is a joint barriers to trade and investment, such as re- At the appropriate place in the bill insert resolution the matter after the resolving moving restrictions on travel, telecommuni- the following: clause of which is as follows: ‘That the Con- cations services and financial transactions; SEC. 2. SANCTIONS AGAINST BURMA. gress disapproves the certification submitted and (2) implementation of the January 1, 1992 Except as provided in section 4, the fol- by the President on llllll pursuant to Joint Declaration on the Denuclearization of lowing sanctions shall apply to Burma, effec- section 203(f) of the NATO Participation Act the Korean Peninsula. tive 90 days after the date of enactment of of 1994.’.’’. (d) A report on the specific efforts with re- this Act (or on such other date as is specified SEC. 707. REPORTS. gard to subsection (c) shall be submitted by in this section): the President to the Committees on Appro- (a) ANNUAL REPORT.—Section 206 of the (1) INVESTMENTS.—No United States na- NATO Participation Act of 1994 (title II of priations six months after the date of enact- tional may make any investment in Burma. ment, and every six months thereafter. Public Law 103–447; 22 U.S.C. 1928 note), as (2) UNITED STATES ASSISTANCE.—United redesignated by section 705(1) of this Act, is States assistance for Burma is prohibited. amended— MCCONNELL AMENDMENT NO. 2751 (3) TRADE PRIVILEGES.—The President shall (1) by inserting ‘‘annual’’ in the section continue the suspension of special trade Mr. MCCONNELL proposed an heading before the first word; privileges pursuant to the Generalized Sys- (2) by inserting ‘‘annual’’ after ‘‘include in amendment to the bill H.R. 1868, supra, tem of Preferences (GSP), and shall continue the’’ in the matter preceding paragraph (1); as follows: the suspension of nondiscriminatory trade (3) in paragraph (1), by striking ‘‘Partner- On page 24, line 5 add the following after treatment (most-favored-nation status), with ship for Peace’’ and inserting ‘‘European’’; ‘‘services’’: respect to Burma. and : Provided, That these funds shall be in ad- (4) IMPORTATION OF GOODS.—No article (4) by striking paragraph (2) and inserting dition to funds justified for programs in the which is produced, manufactured, grown, or instead the following new paragraph: fiscal year 1996 congressional presentation extracted in Burma may be imported into ‘‘(2) In the event that the President deter- documents. the United States. mines that, despite a period of transition as- (5) TRADE AND INVESTMENT TREATIES.—The sistance, a country designated under section United States should continue to suspend 203(d) has not, as of January 10, 1999, met cri- PRESSLER (AND OTHERS) AMENDMENT NO. 2752 carrying out obligations under bilateral teria for NATO membership set forth by the trade and investment treaties with Burma. North Atlantic Council, the President shall Mr. MCCONNELL (for Mr. PRESSLER (6) TRAVEL RESTRICTIONS.—The Secretary transmit a report to the designated congres- for himself, Mr. D’AMATO, Mr. HELMS, of State shall prohibit the use of United sional committees containing an assessment Mr. MACK, Mr. THOMAS, and Mr. States passports for travel to Burma except of the progress made by that country in for travel by United States diplomatic per- meeting those standards.’’. LIEBERMAN) proposed an amendment to the bill H.R. 1868, supra, as follows: sonnel. SEC. 708. DEFINITIONS. (7) DIPLOMATIC REPRESENTATION.—The The NATO Participation Act of 1994 (title At the appropriate place in the bill, insert President is urged not to accept diplomatic II of Public Law 103–447; 22 U.S.C. 1928 note), the following: representation from Burma at a level greater as amended by this title, is further amended SEC. ll. HONG KONG ELECTIONS. than the level of diplomatic representation by adding at the end the following new sec- (a) FINDINGS.—The Congress finds the fol- accorded the United States in Burma. tion: lowing: (8) FOREIGN ASSISTANCE.—The United ‘‘SEC. 207. DEFINITIONS. (1) The right to an elected legislature in States shall suspend assistance under the ‘‘For purposes of this title: Hong Kong is guaranteed by the 1984 Sino- Foreign Assistance Act of 1961 and the Arms ‘‘(1) NATO.—The term ‘NATO’ means the British Joint Declaration on the Question of Export Control Act to any foreign govern- North Atlantic Treaty Organization. Hong Kong. ment which sells or otherwise transfers arms ‘‘(2) DESIGNATED CONGRESSIONAL COMMIT- (2) The United States-Hong Kong Policy to the Government of Burma. TEES.—The term ‘designated congressional Act declared the Congress’s support for full (9) INTERNATIONAL ORGANIZATIONS CON- committees’ means— implementation of the 1984 Sino-British TRIBUTIONS.—The United States shall with- ‘‘(A) the Committee on International Rela- Joint Declaration; hold from each international organization tions, the Committee on National Security, (3) The People’s Republic of China declared that funds activities in Burma other than and the Committee on Appropriations of the in the Joint Declaration that Hong Kong humanitarian activities an amount equal to House of Representatives; and would be ‘‘vested legislative, executive and the United States proportionate share of ‘‘(B) the Committee on Foreign Relations, independent judicial power’’ and would have that funding. the Committee on Armed Services, and the ‘‘a legislature constituted by elections’’. (10) MULTILATERAL ASSISTANCE.—The Sec- Committee on Appropriations of the Senate. (4) On September 17, 1995, the highest num- retary of the Treasury shall instruct the ‘‘(3) EUROPEAN COUNTRIES EMERGING FROM ber of Hong Kong voters ever demonstrated United States executive director of each fi- COMMUNIST DOMINATION.—The term ‘Euro- their commitment to democracy by freely nancial institution to vote against any loan pean countries emerging from Communist expressing their right to vote in the Legisla- or other utilization of the funds of the re- domination’ includes, but is not limited to, tive Council elections. spective bank to or for Burma.

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(11) EMINENT PERSONS GROUP.—The Presi- the President to the appropriate congres- (5) UNITED STATES ASSISTANCE.—The term dent, acting through the United States Per- sional committees that the following condi- ‘‘United States assistance’’ means assistance manent Representative to the United Na- tions are met: of any kind which is provided by grant, sale, tions, should urge the United Nations to es- (1) The Government of Burma has uncondi- loan, lease, credit, guaranty, or insurance, or tablish an eminent persons group to report tionally released all political prisoners, in- by any other means, by any agency or in- on compliance by the Government of Burma cluding Aung San Suu Kyi. strumentality of the United States Govern- with United Nations resolutions. (2) The Government of Burma has fully im- ment to any foreign country, including— (12) INTERNATIONAL ARMS EMBARGO.—The plemented the results of the 1990 elections in (A) assistance under the Foreign Assist- President, acting through the United States Burma, including the transfer of power to ci- ance Act of 1961 (including programs under Permanent Representative to the United Na- vilian authority, the protection of basic title IV of chapter 2 of part I of the Act); tions, should urge the establishment by the human rights, and guaranteeing the right of (B) sales, credits, and guaranties under the United Nations of an international arms em- Burmese citizens to participate freely in the Arms Export Control Act (22 U.S.C. 2751 et bargo of Burma. political process, assuring freedom of speech seq.); SEC. 3. AGREEMENTS TO IMPOSE SANCTIONS ON and the right of association and assembly. (C) sales under title I (7 U.S.C.A. 1701 et BURMA. (3) The Government of Burma has imple- seq.) or III (17 U.S.C.A. 1727 et seq.) and dona- (a) NEGOTIATIONS WITH TRADING PART- mented an effective counternarcotics effort. tions under title II (17 U.S.C.A. 1721 et seq.) NERS.— SEC. 5. SANCTIONS AGAINST THE PEOPLE’S RE- of the Agricultural Trade Development and (1) IN GENERAL.—Not later than 15 days PUBLIC OF CHINA. Assistance Act of 1954 of nonfood commod- after the date of the enactment of this Act, The Secretary of the Treasury shall in- ities; the President shall initiate negotiations struct the United States executive director (D) other financing programs of the Com- with all foreign countries with which the of each multilateral financial institution to modity Credit Corporation for export sales of United States trades for the purpose of en- vote against any loan or other utilization of nonfood commodities; and tering into agreements with the countries— the facilities of the respective institution to (E) financing under the Export-Import (A) to support United States sanctions or for the People’s Republic of China until Bank Act of 1945 (12 U.S.C.A. 635 et seq.). against Burma, and the President determines and certifies to the (B) to cease trade with and investment in appropriate congressional committees that Burma. the People’s Republic of China has termi- COHEN AMENDMENT NO. 2754 (2) CERTIFICATION OF NEGOTIATIONS AND nated arms sales and other arms transfers to AGREEMENTS.—Not later than 90 days after Burma. Mr. MCCONNELL (for Mr. COHEN) the date of the enactment of this Act, the SEC. 6. SANCTIONS AGAINST THE GOVERNMENT proposed an amendment to the bill President shall certify to the Congress each OF THAILAND. country that— H.R. 1868, supra, as follows: The President shall withhold all United (A) has failed to enter into an agreement At an appropriate place in the bill add the States assistance to the Government of described in paragraph (1), or following new section. Thailand until the President determines and (B) has entered into such an agreement but certifies to the appropriate congressional SEC. . SENSE OF THE SENATE ON THAILAND. is not enforcing it. committees that the Government of Thai- (a) FINDINGS.—The Senate makes the fol- (3) ACTION BY THE PRESIDENT.—Notwith- land is fully cooperating in providing sup- lowing findings— standing any other provision of law, if a cer- port and relief for Burmese exiles and refu- (1) the Royal Thai Government has had a tification is made with respect to any coun- gees. policy of not supporting or cooperating with try under paragraph (2) the President shall the Khmer Rouge; and withdraw— SEC. 7. REPORT. (A) any designation of such country— Not later than 45 days after the date of en- (2) Thailand is host to large numbers of (i) as a beneficiary developing country for actment of this Act, the President shall sub- persons displaced from neighboring coun- purposes of title V of the Trade Act of 1974 mit a report to the appropriate congressional tries, including Burma, placing a significant (19 U.S.C. 2461 et seq.), committees on— burden on Thailand’s economy. (ii) as a beneficiary country for purposes of (1) the chemical and biological weapons ca- (b) SENSE OF THE SENATE.—It is the sense the Caribbean Basin Economic Recovery Act pability of Burma; of the Senate that the President should— (19 U.S.C. 2701 et seq.), or (2) a plan to provide United States assist- (1) affirm to the Royal Thai Government (iii) as a beneficiary country for purposes ance in support of the democracy movement the support of the United States for that of the Andean Trade Preference Act (19 active inside Burma; Government’s policy not to support or co- U.S.C. 3201 et seq.), (3) the treatment by the Government of operate with the Khmer Rouge and encour- (B) from such countries the benefits of any Thailand of Burmese students, refugees, and age the Royal Thai Government to prosecute other special tariff treatment program under exiles resident in Thailand; and vigorously its efforts to prevent cooperation which the special rates of duty apply under (4) the status of arms sales and other arms between individual members of the Royal column 1 of the Harmonized Tariff Schedule transfers to the Government of Burma, in- Thai Armed Forces and the Khmer Rouge; of the United States, and cluding the amount of expenditures by the and (C) most-favored-nation trade treatment Government of Burma in the acquisition of (2) take appropriate steps to assist the with respect to any such country. arms. Royal Thai Government in providing and fa- (b) APPLICABILITY.— SEC. 8. DEFINITIONS. cilitating relief to displaced persons from (1) IN GENERAL.—The provisions of this sec- As used in this Act: Burma and other neighboring countries and tion apply to goods entered, or withdrawn (1) APPROPRIATE CONGRESSIONAL COMMIT- to encourage that Government to fully co- from warehouse for consumption, originating TEES.—The term ‘‘appropriate congressional operate in such relief efforts. in or imported from a country with respect committees’’ means the Committee on Ap- to which an action described in subsection propriations and the Committee on Foreign (a)(3) has been taken, during the period be- Relations of the Senate and the Committee MCCONNELL AMENDMENT NO. 2755 ginning on the date that is 15 days after the on Appropriations and the Committee on date of the certification described in sub- International Relations of the House of Rep- Mr. MCCONNELL proposed an section (a)(2) and ending on the date that is resentatives. amendment to the bill H.R. 1868, supra, 15 days after the earlier of— (2) INVESTMENT.—The term ‘‘investment’’ as follows: (A) the date the President certifies to the includes any contribution or commitment of Add the following new section to title V: Congress that such country has entered into funds, commodities, services, patents, proc- an agreement described in subsection (a)(1) esses, or techniques, in the form of— SEC. . EXTENSION OF TIED AND CREDIT PRO- and is enforcing the agreement, or (A) a loan or loans; GRAM. (B) the date a certification described in (B) the purchase of a share of ownership; (a) Section 10(c)(2) of the Export-Import section 4 is made. (C) participation in royalties, earnings, or Bank Act of 1945 (12 U.S.C. 6351–3(c)(2)) is (2) RATE OF DUTY DURING PERIOD DESIGNA- profits; and amended by striking ‘‘1995’’ and inserting TION IS WITHDRAWN.—During the period de- (D) the furnishing of commodities or serv- ‘‘1997’’. scribed in paragraph (1), goods entered, or ices pursuant to a lease or other contract. (b) Section 10(e) of the Export-Import Bank withdrawn from warehouse for consumption, (3) HUMANITARIAN ACTIVITIES.—The term Act of 1945 (12 U.S.C. 6351–3(e)) is amended by originating in or imported from a country ‘‘humanitarian activities’’ means the provi- striking ‘‘1993, 1994, and 1995’’ and inserting described in subsection (a)(3) shall be subject sion of food, medicine, medical supplies, or ‘‘1996 and 1997’’. to duty at the rates of duty specified for clothing and does not include cash transfers. SEC. 102. AUTHORITY TO CONDUCT A DEM- such goods under column 2 of the Har- (4) FINANCIAL INSTITUTIONS.—The term ‘‘fi- ONSTRATION PROJECT monized Tariff Schedule of the United nancial institutions’’ includes the Inter- (a) Notwithstanding section 4701(a)(1)(A) of States. national Bank for Reconstruction and Devel- title 5, United States Code, the Export-Im- SEC. 4. CERTIFICATION. opment, the International Development As- port Bank of the United States may conduct The sanctions of section 2 shall not apply sociation, the Asian Development Bank, and a demonstration project in accordance with upon the determination and certification by the International Monetary Fund. section 4703 of such title 5.

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14094 CONGRESSIONAL RECORD — SENATE September 21, 1995 LEAHY AMENDMENT NO. 2756 (d) ANTIPERSONNEL LANDMINE EXPORTS.—It other possible cases of political or is the sense of Congress that, consistent with extrajudicial killings, including the 20 cases Mr. MCCONNELL (for Mr. LEAHY) the United States moratorium on exports of of ‘‘commando-style executions’’ cited by proposed an amendment to the bill antipersonnel landmines and in order to fur- the United Nations/Organization of Amer- H.R. 1868, supra, as follows: ther discourage the global proliferation of ican States International Civilian Mission in On page 45, line 4, after the word ‘‘funds’’ antipersonnel landmines, the United States Haiti on September 12, 1995; insert the following: ‘‘Provided further, that Government should not sell, license for ex- (2)(A) the police and security forces of of the funds appropriated under this heading, port, or otherwise transfer defense articles Haiti are not assassinating or abducting ci- not less than $1,000,000 shall be made avail- and services to any foreign government vilians, are not engaging in other acts of vio- able to UNIFEM.’’ which, as determined by the President, sells, lence directed at civilians, and are control- exports, or otherwise transfers antipersonnel ling such activities by elements subject to LEAHY AMENDMENT NO. 2757 landmines. the control of those forces; or (e) DEFINITIONS.—For purposes of this Act: (B) the government of Haiti is inves- Mr. MCCONNELL (for Mr. LEAHY) (1) ANTIPERSONNEL LANDMINE.—(A) The tigating effectively the members within its proposed an amendment to the bill term ‘‘antipersonnel landmine’’ means any police and security forces engaged in acts of H.R. 1868, supra, as follows: munition placed under, on, or near the violence against civilians, and has put in At the appropriate place, insert the fol- ground or other surface area, delivered by ar- place effective policies to deter and punish lowing: tillery, rocket, mortar, or similar means, or such activities in the future. (3) the Government of Haiti has actively dropped from an aircraft and which is de- CONVENTIONAL WEAPONS REVIEW sought and encouraged a law enforcement signed, constructed, or adapted to be deto- (a) FINDINGS.—The Congress makes the fol- service from outside Haiti to assist and mon- nated or exploded by the presence, prox- lowing findings: itor investigators of the Government of Haiti imity, or contact of a person. (1) On September 26, 1994, the President de- in their investigation of the murders cited in (B) The term ‘‘antipersonnel landmine’’ clared that it is a goal of the United States section (1) above; and to eventually eliminate antipersonnel land- does not include command detonated Clay- (4)(A) the Government of Haiti has cooper- mines. more munitions. ated fully and in a timely fashion with U.S. (2) On December 15, 1994, the United Na- (2) 1980 CONVENTIONAL WEAPONS CONVEN- Federal Bureau of Investigation efforts to in- tions General Assembly adopted a resolution TION.—The term ‘‘1980 Conventional Weapons vestigate the murder of Mireille Durocher de sponsored by the United States which called Convention’’ means the Convention on Pro- Bertin, including providing access to Haitian for international efforts to eliminate anti- hibitions or Restrictions on the Use of Cer- government employees in a manner which personnel landmines. tain Conventional Weapons Which May Be facilitates prosecution of those responsible (3) According to the Department of State, Deemed To Be Excessively Injurious or To for her murder; or there are an estimated 80,000,000 to 110,000,000 Have Indiscriminate Effects, together with (B) the Government of Haiti has not co- unexploded landmines in 62 countries. the protocols relating thereto, done at Gene- operated fully and in a timely fashion with (4) Antipersonnel landmines are routinely va on October 10, 1980. U.S. Federal Bureau of Investigation efforts used against civilian populations and kill to investigate the murder of Mireille and maim an estimated 70 people each day, LEAHY AMENDMENT NO. 2758 Durocher de Bertin, including providing ac- or 26,000 people each year. cess to Haitian government employees in a (5) The Secretary of State has noted that Mr. MCCONNELL (for Mr. LEAHY) manner which facilitates prosecution of landmines are ‘‘slow-motion weapons of mass proposed an amendment to the bill those responsible for her murder, in which destruction’’. H.R. 1868, supra, as follows: case the President shall submit a detailed (6) There are hundreds of varieties of anti- accounting of the areas of non-cooperation personnel landmines, from a simple type At the appropriate place in the bill, insert the following new section: and his assessment of all the reasons for available at a cost of only two dollars to the such non-cooperation by the government of more complex self-destructing type, and all SEC. . EXTENSION OF AU PAIR PROGRAMS. Haiti. landmines of whatever variety kill and maim Section 8 of the Eisenhower Exchange Fel- (b) REPORT.—Not later than 60 days after civilians, as well as combatants, indiscrimi- lowship Act of 1990 is amended in the last enactment of this section, the President nately. sentence by striking ‘‘fiscal year 1995’’ and shall report to the appropriate committees (b) CONVENTIONAL WEAPONS CONVENTION inserting ‘‘fiscal year 1998’’. of Congress, based on information available REVIEW.—It is the sense of Congress that, at to him, on the identity or identities of those the United Nations conference to review the MCCONNELL AMENDMENT NO. 2759 responsible for the murder and any subse- 1980 Conventional Weapons Convention, in- quent coverup, and on the status of the Gov- cluding Protocol II on landmines, that is to Mr. MCCONNELL proposed an ernment of Haiti’s investigation of: be held from September 25 to October 13, amendment to the bill H.R. 1868, supra, (1) the murder of American citizen Richard 1995, the President should actively support as follows: Andre Emmanuel on February 13, 1991; proposals to modify Protocol II that would (2) the murders of Bastian Desrosiers, Ste- Funds appropriated by this Act may be ob- implement as rapidly as possible the United venson Desrosiers, Jacques Nelio, Pierre States goal of eventually eliminating anti- ligated and expended notwithstanding sec- Schiller and Louis Walky on July 26, 1991; personnel landmines. tion 10 of Public Law 91–672 and section 15 of (3) the murder of Reverand Sylvio Claude (c) MORATORIUM ON USE OF ANTIPERSONNEL the State Department Basic Authorities Act on September 17, 1991; LANDMINES.—(1) UNITED STATES MORATO- of 1956: Provided, That this section shall not (4) the murder of Roger Lanfontant on Sep- RIUM.—(A) For a period of one year beginning apply with respect to any accounts for which tember 29, 1991; three years after the date of the enactment a general authorization of appropriations for (5) the murder of Antoine Izmery on Sep- of this Act, the United States shall not use fiscal year 1996 is enacted in law on or before tember 11, 1993; and antipersonnel landmines except along inter- April 1, 1996. (6) the murder of Minister of Justice Guy nationally recognized national borders or in Malary on October 14, 1993. demilitarized zones within a perimeter (c) HUMANITARIAN ASSISTANCE.—Nothing in DOLE (AND OTHERS) AMENDMENT this section shall be construed to restrict the marked area that is monitored by military NO. 2760 personnel and protected by adequate means provision of humanitarian or electoral as- to ensure the exclusion of civilians. Mr. MCCONNELL (for Mr. DOLE for sistance to the Haitian people by non-gov- (B) If the President determines, before the himself, Mr. MCCAIN, Mr. GREGG, Mr. ernmental or private voluntary organiza- tions. end of the one year period of the United HELMS, and Mr. COVERDELL) proposed States moratorium under subparagraph (A), (d) WAIVER.—The president may waive the an amendment to the bill H.R. 1868, requirements of this section if he determines that the governments of other nations are supra, as follows: implementing moratoria on use of anti- and certifies to the appropriate committees personnel landmines similar to the United At the end of the last committee amend- of Congress that it is necessary to facilitate States moratorium, the President may ex- ment, insert the following: the safe and timely withdrawal of American tend the period of the United States morato- SEC. . LIMITATION ON ASSISTANCE FOR HAITI. forces from Haiti. rium for such additional period as the Presi- (a) LIMITATION.—None of the funds appro- dent considers appropriate. priated or otherwise made available by this DOLE (AND OTHERS) AMENDMENT (2) OTHER NATIONS.—It is the sense of Con- Act or any other Act may be furnished to the NO. 2761 gress that the President should actively en- Government of Haiti until the President de- Mr. MCCONNELL (for Mr. DOLE for courage the governments of other nations to termines and reports in writing to the Con- join the United States in solving the global gress that— himself, Mr. HELMS, and Mr. landmine crisis by implementing moratoria (1) the government of Haiti has conducted LIEBERMAN) proposed an amendment to on use of antipersonnel landmines similar to or is conducting a thorough and professional the bill H.R. 1868, supra, as follows: the United States moratorium as a step to- investigation into, and prosecution of those In subsection (b) of the section entitled ward the elimination of antipersonnel land- responsible for the murder of Mireille ‘‘AUTHORITY TO ASSIST BOSNIA-HERZEGOVINA’’, mines. Durocher de Bertin on March 28, 1995, and strike ‘‘$50,000,000’’ and insert ‘‘$100,000,000’’.

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14095 DOLE (AND HATCH) AMENDMENT against, any extension by such institutions SEC. . RUSSIAN COMPLIANCE WITH THE NO. 2762 of financing or financial or technical assist- CFE TREATY AND PRIORITIES FOR MODIFYING ance to any country described in subsection EXISTING ARMS CONTROL TREATIES. It is the Mr. MCCONNELL (for Mr. DOLE for (c). sense of the Senate that— himself and Mr. HATCH) proposed an (c) SANCTIONED COUNTRIES.—A country de- (a) the failure by the Russian Federation amendment to the bill H.R. 1868, supra, scribed in this subsection is a country the to meet any obligation under the Treaty of as follows: government of which permits entry into or the Conventional Armed Forces in Europe At the appropriate place in the bill, insert presence in the territory of such country to shall constitute non-compliance with the the following new section: any person— Treaty; (1) who has been indicted by the Inter- (b) the United States should insist on full SEC. . CROATIAN-AMERICAN ENTERPRISE FUND. national Criminal Tribunal for the former compliance with the Russian Federation (a) DESIGNATION OF FUND.—The President Yugoslavia, the International Criminal Tri- with all of the obligations of the Treaty on shall designate a private, nonprofit organiza- bunal for Rwanda, or any other international Conventional Armed Forces in Europe; tion as eligible to receive funds and support tribunal with similar standing under inter- (c) the Treaty on Conventional Armed pursuant to this section with respect to Cro- national law, or Forces in Europe provides adequate means atia in the same manner and with the same (2) who has been indicted for war crimes or by which the Russian Federation can meet limitations as set forth in section 201(d) of crimes against humanity committed during its claimed military requirements for treaty- the Support for East European Democracy the period beginning March 23, 1933 and end- limited equipment in the flank zone defined (SEED) Act of 1989. Such organization shall ing on May 8, 1945 under the direction of, or by Article V of the Treaty, including move- be known as the ‘‘Croatian-American Enter- in association with— ment of equipment within the flank zone, prise Fund’’. (A) the Nazi government of Germany; temporary deployment of additional equip- (b) APPLICATION OF SEED ACT.—Except as (B) any government in any area occupied ment to the flank zone, and the temporary otherwise specifically provided in this sec- by the military forces of the Nazi govern- removal of equipment from designated per- tion, the provisions contained in section 201 ment of Germany; manent storage sites located in the flank of the Support for East European Democracy (C) any government which was established zone; and (SEED) Act of 1989 (excluding the authoriza- with the assistance or cooperation of the tions of appropriations provided in sub- Nazi government of Germany; or KASSEBAUM AMENDMENT NO. 2767 section (b) of that section) shall apply to the (D) any government which was an ally of Croatian-American Enterprise Fund. The of- the Nazi government of Germany. Mr. MCCONNELL (for Mrs. KASSE- ficers, members, or employees of the Cro- (d) DEFINITIONS.—As used in this section— BAUM) proposed an amendment to the atian-American Enterprise Fund shall enjoy (1) the term ‘‘international financial insti- bill H.R. 1868, supra, as follows: the same status under law that is applicable tutions’’ includes the International Bank for On page 121, after line 24, add the following to officers, members, or employees of the En- Reconstruction and Development, the Inter- new section: terprise Funds for Poland and Hungary under national Development Association, the PLAN RECOMMENDING A STRATEGIC the Support for East European Democracy International Monetary Fund, the European REORGANIZATION OF THE UNITED NATIONS (SEED) Act of 1989. Bank for Reconstruction and Development, (c) AUTHORIZATION OF APPROPRIATIONS.—(1) the International Finance Corporation, the SEC. . (a) SENSE OF CONGRESS REGARDING There are authorized to be appropriated to Multilateral Investment Guarantee Agency, UNITED NATIONS REFORM.—It is the sense of the President for purposes of this section, in the Inter-American Development Bank, the Congress that— (1) the 50th anniversary of the United Na- addition to funds otherwise available for Inter-American Investment Corporation, the tions provides an important opportunity for such purposes, $12,000,000 for fiscal year 1996 African Development Bank, the African De- a comprehensive review of the strengths and to fund the Croatian-American Enterprise velopment Fund, and the Asian Development weaknesses of the United Nations and for the Fund established under subsection (a). Bank; and identification and implementation of (2) Funds appropriated under this sub- (2) the term ‘‘war crime’’ includes any of- changes in the United Nation that would im- section are authorized to remain available fense which is— prove its ability to discharge effectively the until expended. (A) a grave breach of any of the four Gene- objectives of the United Nations set forth in (d) APPROPRIATIONS.—Of the funds appro- va Conventions for the Protection of War the United Nations Charter; priated or otherwise made available by this Victims of August 12, 1949; (2) the structure of the United Nations sys- Act under the heading entitled ‘‘ASSISTANCE (B) a violation of the Hague Convention tem, which has evolved over 50 years, should FOR EASTERN EUROPE AND THE BALTIC (IV) Respecting the Laws and Customs of be subject to a comprehensive review in STATES’’, $12,000,000 shall be available only to War on Land of October 18, 1907, or the Regu- order to identify the changes to the system support the Croatian-American Fund estab- lations annexed thereto; that will best serve the interests of the lished by subsection (a). (C) a violation of the Convention on the United States and of the international com- Prevention and Punishment of the Crime of munity; Genocide of December 9, 1948; or DOLE (AND D’AMATO) (3) the United States, as the strongest (D) a violation of the Charter of the Inter- AMENDMENTS NOS. 2763–2764 member state of the United Nations, should national Military Tribunal of August 8, 1945. Mr. MCCONNELL (for Mr. DOLE for lead this comprehensive review; (4) reforms that produce a smaller, more himself and Mr. D’AMATO) proposed DOLE (AND BIDEN) AMENDMENT focused, more efficient United Nations with two amendments to the bill H.R. 1868, NO. 2765 clearly defined missions are in the interest supra, as follows: of the United States and of the United Na- Mr. MCCONNELL (for Mr. DOLE for AMENDMENT NO. 2763 tions; himself and Mr. BIDEN) proposed an (5) the United States should develop a uni- Before the period at the end of the heading amendment to the bill H.R. 1868, supra, entitled ‘‘INTERNATIONAL DISASTER ASSIST- fied position in support of reforms at the ANCE’’, insert the following: ‘‘: Provided, That as follows: United Nations that are broadly supported of the amount appropriated under this head- On page 121, after line 24, insert the fol- by both the legislative branch and the execu- ing, $40,000,000 should be available only for lowing new section: tive branch; emergency humanitarian assistance to the LIMITATION ON FUNDS TO THE TERRITORY OF (6) the need for reform of the United Na- former Yugoslavia, of which amount not less THE BOSNIAC-CROAT FEDERATION. tions is urgent; and (7) the failure to develop and implement than $6,000,000 shall be available only for hu- SEC. 605. Funds appropriated by this Act manitarian assistance to Kosova’’. promptly a strategic reorganization of the for activities in the internationally-recog- United Nations will result in a continued AMENDMENT NO. 2764 nized borders of Bosnia and Herzegovina diminution of the relevance of the United At the appropriate place in the bill, insert (other than refugee and disaster assistance Nations to United States foreign policy and the following new section: and assistance for restoration of infrastruc- to international politics generally. ture, to include power grids, water supplies SEC. ll. SANCTIONS AGAINST COUNTRIES HAR- (b) UNITED NATIONS REORGANIZATION PLAN.— BORING WAR CRIMINALS. and natural gas) may only be made available (1) REQUIREMENT FOR PLAN.—The President (a) BILATERAL ASSISTANCE.—Assistance for activities in the territory of the Bosniac- shall submit to Congress, together with the may not be provided in any fiscal year under Croat Federation. budget submitted pursuant to section 1105 of the Foreign Assistance Act of 1961 or the title 31, United States Code, for fiscal year Arms Export Control Act for any country de- COHEN AMENDMENT NO. 2766 1997, a plan recommending a strategic reor- scribed in subsection (c). ganization of the United Nations. Mr. MCCONNELL (for Mr. COHEN) (b) MULTILATERAL ASSISTANCE.—The Sec- (2) REQUIREMENT RELATING TO DEVELOP- retary of the Treasury shall instruct the proposed an amendment to the bill MENT.—The President shall develop the plan United States executive directors of the H.R. 1868, supra, as follows: in consultation with Congress. international financial institutions each fis- At an appropriate place in the bill insert (3) PLAN ELEMENTS.—The plan should in- cal year to work in opposition to, and vote the following new section: clude the elements described in subsection

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14096 CONGRESSIONAL RECORD — SENATE September 21, 1995 (c) and such other recommendations as may M. Shalikashvili for reappointment as state Commerce Commission at the be necessary to achieve the efficient, cost-ef- Chairman of the Joint Chiefs of Staff. end of year. Downsizing the Federal fective conduct of the responsibilities of the The PRESIDING OFFICER. Without Government and eliminating Federal United Nations. objection, it is so ordered. agencies is a goal I certainly support (c) CONTENTS OF REORGANIZATION PLAN.—It is the sense of the Congress that the reorga- COMMITTEE ON ENERGY AND NATURAL and I have supported elimination of the nization plan required by subsection (b)(1) RESOURCES ICC, but as of today, reorganization of should— Mr. MCCONNELL. Mr. President, I the ICC’s statutory responsibilities has (1) constitute a comprehensive statement ask unanimous consent that the Com- not been done. I understand the Com- of United States policy toward reform of the mittee on Energy and Natural Re- merce Committee is preparing to re- United Nations; sources be granted permission to meet port out legislation to accomplish this (2) set forth an agenda to implement the during the session of the Senate on reorganization and I support that ef- reforms set forth in the plan in a timely fort as I believe we must not eliminate manner; Thursday, September 21, 1995, for pur- (3) include specific proposals to achieve— poses of conducting a full committee the Commission without reassigning (A) a substantial reduction in the number business meeting which is scheduled to their most important regulatory re- of agencies within the United Nations sys- begin at 9:30 a.m. The purpose of this sponsibilities. tem, including proposals to consolidate, meeting is to consider pending cal- In the meantime, the Commission abolish, or restructure mechanisms for fi- endar business. continues its mission. One responsi- nancing agencies of the United Nations that The PRESIDING OFFICER. Without bility they have that I wish to com- have a low priority; (B) the identification and strengthening of objection, it is so ordered. ment on today is their review of pro- the core agencies of the United Nations sys- COMMITTEE ON THE JUDICIARY posed railroad mergers. tem that most directly serve the objectives Mr. MCCONNELL. Mr. President, I In the past several months we have of the United Nations set forth in the United ask unanimous consent that the Com- seen two huge railroad combinations. Nations Charter; mittee on the Judiciary be authorized The Burlington Northern/Sante Fe (C) the increased cooperation, and the to hold a business meeting during the merger has been approved and appears elimination of duplication, among United to be moving toward completion. Now Nations agencies and programs. session of the Senate on Thursday, (D) the consolidation of the United Nations September 21, 1995, at 10 a.m. in SD226. recently, the Union Pacific/Southern technical cooperation activities between the The PRESIDING OFFICER. Without Pacific merger has been proposed. Lit- United Nations Headquarters and the offices objection, it is so ordered. tle thought seems to have been given of the United Nations in Geneva, Switzer- SUBCOMMITTEE ON AFRICAN AFFAIRS to the impact that both these mergers land, including the merger of the technical Mr. MCCONNELL. Mr. President, I will have on the continued availability cooperation functions of the United Nations ask unanimous consent that the Sub- of effective and efficient railroad trans- Development Program (UNDP), the United portation. For example, what effect Nations Population Fund (UNFPA), the committee on African Affairs of the United Nations Environmental Program Committee on Foreign Relations be au- will these exceptionally large combina- (UNEP), the United Nations Industrial De- thorized to meet during the session of tions have on consumers, shippers, and velopment Organization (UNIDO), the Inter- the Senate on Thursday, September 21, communities as well as on the sur- national Fund for Agricultural Development 1995, at 2 p.m. viving competing railroads? Consider (IFAD), the United Nations Capital Develop- The PRESIDING OFFICER. Without the current critical rail transportation ment Fund (UNCDF), and the United Nations objection, it is so ordered. situation in the Midwest, as reported Development Fund for Women (UNIFEM); recently in the Journal of Commerce, SUBCOMMITTEE ON INTERNATIONAL FINANCE (E) the consolidation of the United Nations where timely rail movement to market emergency response mechanism by merging Mr. MCCONNELL. Mr. President, I of grain, corn, and soybeans is seri- the emergency functions of relevant United ask unanimous consent that the Sub- ously threatened. According to this ar- Nations agencies, including the United Na- committee on International Finance of ticle, which follows my remarks, be- tions Children’s Fund, the World Food Pro- the Committee on Banking, Housing, cause of a shortage of cars, freight gram, and the Office of the United Nations and Urban Affairs be authorized to High Commissioner for Refugees; rates are going up significantly. (F) a substantial reduction in, or elimi- meet during the session of the Senate on Thursday, September 21, 1995, to What will be the impact of these nation of, the cost and number of inter- megamergers on other railroads and national conferences sponsored by the conduct a hearing on the oversight of United Nations; the Export Administration Act. their ability to provide a needed and (G) a significant strengthening of the ad- The PRESIDING OFFICER. Without competitive service? Take for example, ministrative and management capabilities of objection, it is so ordered. a regional railroad such as Kansas City the Secretary General of the United Nations, Southern Railroad Co., and I am sure SUBCOMMITTEE ON TERRORISM, TECHNOLOGY including a cessation of the practice of re- there are others; will KCS survive as a AND GOVERNMENT INFORMATION serving top Secretariat posts for citizens of reliable competitive line offering a Mr. MCCONNELL. Mr. President, I particular countries; needed service to thousands of shippers ask unanimous consent that the Sub- (H) a significant increase in the openness and hundreds of communities? If it and to the public of the budget decision-making committee on Terrorism, Technology others like it do not survive as viable procedures of the United Nations; and and Government Information of the competitors, isn’t it likely that the se- (I) the establishment of a truly inde- Senate Committee on the Judiciary, be rious freight car shortage and esca- pendent inspector general at the United Na- authorized to meet during a session of lating rate problems we’re seeing, as tions; and the Senate on Thursday, September 21, (4) include proposals to coordinate and im- reported by the Journal of Commerce, 1995, at 2 p.m., in Senate Dirksen room plement proposals for reform of the United will become even more serious? And G50, on Ruby Ridge incident. Nations such as those proposals set forth in how about the consumers? Any such in- The PRESIDING OFFICER. Without the communique of the 21st annual summit creased costs of necessity are passed on of the Heads of State and Government of the objection, it is so ordered. to them. seven major industrialized nations and the f President of the European Commission at If all of this were not worrisome Halifax, Nova Scotia, dated June 15–17, 1995. ADDITIONAL STATEMENTS enough, the Union Pacific/Southern f Pacific combination is being hurried through at a time when the only delib- AUTHORITY FOR COMMITTEES TO ICC FUNDING AND RAILROAD erative body charged with evaluating MEET MERGERS the ramifications of this sort of activ- COMMITTEE ON ARMED SERVICES ∑ Mr. BOND. Mr. President, I rise ity, the ICC, is threatened with legisla- Mr. MCCONNELL. Mr. President, I today to discuss some concerns I have tive extinction. In the absence of the ask unanimous consent that the Com- about the flurry of recent proposed ICC, who is going to impartially assess mittee on Armed Services be author- mergers by certain rail carriers. the anticompetitive impact on the pub- ized to meet on Thursday, September The Commerce, State, Justice appro- lic of these mergers? Serious nation- 21, 1995, at 9:30 a.m. in open session, to priations bill that we will consider wide public policy issues are raised consider the nomination of Gen. John later, terminates funding for the Inter- which must be addressed before the

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14097 merger of the Union Pacific and South- ‘‘We’re just getting into the usual crunch ship between State and Federal bu- ern Pacific Railroads is consummated. time. I don’t know if there is much precedent reaucracies. That is not the problem. It is not my intention to prejudge the for us to have a problem at this time of year In fact, block grants create a new prob- legitimacy of this merger, but only to and have it relax at the time of corn and soy- lem because States that have increas- bean harvest.’’ be certain that the public interest is With shippers paying premiums of up to ing numbers of poor families, because not adversely threatened. $500 a car to guarantee availability of cov- of a bad economy or simple population Mr. President, these megamergers ered hopper cars for grain shipments late in growth, would not have enough funds pose very serious questions which must 1995, Mr. Strege said he believed rates will to assist their people. Federal politi- be answered by the players themselves continue to climb. cians should not simply transfer pots or the agencies charged with maintain- ‘‘We have people willing to pay a hell of a of money to State politicians without ing an essential competitive transpor- premium for cars,’’ one official said. any standards about what the money tation system. ‘‘These programs (for ordering cars in ad- would be used for. We do not need to Mr. President, I ask that the Journal vance) give signals to the railroads that they should or can raise their rates,’’ Mr. Strege transfer money from one bureaucrat to of Commerce article referred to in the said. another; we need a commitment to in- body of my statement appear in the Other forces are influencing the 1995 grain dividual poor children. RECORD at this point: shipping picture. While this bill would abandon that The article follows: Operating under a strike threat last year, commitment, the real problems with [From the Journal of Commerce, Sept. 13, CP Rail System’s Soo Line unit posted mea- welfare would remain. The rules that 1995] ger grain carloadings in August 1994 that penalize marriage and work. The indif- were nearly quadrupled last month. RAILS STRAIN TO SERVICE MIDWEST GRAIN ferent local and county bureaucrats, Barge freight markets are facing similar HARVEST who treat people as numbers and do pressures, several industry observers said. (By Rip Watson) One factor affecting the barge markets is nothing to help people take care of The U.S. Midwest’s rail network, normally the continued strong northbound river move- themselves. The brutal job market. no stranger to the crunch of the fall harvest, ments of aluminum ore, steel and other prod- The deeper cultural forces driving in- is beginning to strain this year under the ucts that have reduced availability of barges creases in divorce, illegitimacy and weight of strong demand, tight car supply to haul grain, said Jerry Fruin, a transpor- teen pregnancy. All these problems and skyrocketing prices. tation economist for the University of Min- would remain. Many would get worse. Conditions are so tense in Iowa that farm nesota in Minneapolis. trade associations will hold a Grain Trans- All this bill does is require States to ‘‘Even with the recent fall in rates in the penalize the children who are the vic- portation Summit on Thursday in Des past week, we expect barge freight rates will Moines to vent their frustrations with some continue to remain very strong as we move tims of these problems. It does nothing rail carriers, while seeking ways to ease the into harvest,’’ Mr. Clow said. to help them avoid the bleak cir- problem before soybean harvests begin in a The traffic picture is brightening for some cumstances into which they have been few days. other commodities but remains dim for man- born and live today. ‘‘Grain is hot. Export demand is huge and ufactured goods. With all the rhetoric about changing will continue to be that way in the foresee- Coal traffic could pick up this month, Mr. welfare, how did we wind up with a bill able future,’’ said Jim Higgins, an analyst Higgins said, because of the hot summer and that does nothing to change what is for Donaldson, Lufkin & Jenrette in New a resulting reduction in utility stockpiles York. wrong with welfare? The answer is poli- that have to be replenished. tics. Neither party was as serious about As an industry, railroads boosted grain Export traffic is showing some cyclical carloadings 23% in August from a year ago. strength driven by demand for some steam really changing welfare as it was about Burlington Northern Railroad led the pack coals and metallurgical coal, he said. capturing ‘‘the welfare issue’’ from the with a 28% increase, followed by Union Pa- August carloadings were 2% below last other party. Democrats promised to cific Railroad at 19%. year. ‘‘end welfare as we know it’’ by tin- That higher traffic volume is proving to be ‘‘We’re expecting a strong fourth quarter kering with the levers of government, little comfort to Iowa shippers. (for coal),’’ said Dave Rohall, director of ‘‘We are sitting with most of our facilities mostly in positive ways, but not in a planning for CSX Transportation.∑ full.’’ said Dawn Carlson of the Iowa Insti- way that deeply changes the lives of tute for Cooperatives. ‘‘People are getting f people on welfare. concerned. Every day that goes by is tacking Republicans promised to do even bet- FINAL PASSAGE OF WELFARE on more and more charges and the farmer ter: ‘‘abandon the welfare state.’’ They REFORM will get less and less for the grain delivered. would toss aside the Federal responsi- If we don’t get the grain moving, we’ll have ∑ Mr. BRADLEY. Mr. President, on bility for poor families and children al- a lot of grain sitting on the ground.’’ Tuesday, I spoke in opposition to final together. But they did not know how to Arthur Breenken, manager for the Farmers passage of the welfare reform bill. Al- Co-Op Society in Wesley, Iowa, said, ‘‘The deal with the reality of poverty and Soo Line is shipping cars but they are not though I was not able to complete my welfare. So they came up with the solu- supplying them fast enough.’’ He said the statement in the time available, I ob- tion of handing the whole problem over problem was that much Iowa grain is moving tained unanimous consent that my full to States, for them to solve. Block to the Gulf of Mexico instead of the Mis- statement be printed in the RECORD. grants create an appearance of change, sissippi River, which lengthens the round However, my full statement did not ap- not real change. trip time to more than 30 days. pear in the RECORD of September 19, The debate of the last few days, dur- John Bromley, a spokesman for Union Pa- 1995. Therefore, what follows is my full ing which we accepted every amend- cific, blamed rail unions for not allowing UP employees to work in Iowa, where the rail- statement from that day. ment that did not challenge the under- road is short staffed. UP is hiring and train- Mr. President, I will vote against this lying political rhetoric and layered the ing new workers now, he said. bill because it will wipe out every pro- bill with billions in new Government Without those industrywide increases, the tection for poor families with children spending, brought this cynical politics Association of American Railroads would but would do nothing at all to repair into the light of day. It is politics as have been 1% lower than last year. what is really wrong with welfare. We usual, made worse by the fact that it is ‘‘Our export projections are strong,’’ said have made some improvements to the a transparent deceit. We have not im- Brad Clow, director of transportation for bill, such as eliminating the job-train- Sparks Commodities in Memphis, Tenn. ‘‘In proved the bill; all we are accom- some commodities, shipments could outdo ing consolidation that never belonged plishing is to move the bill forward to USDA forecasts.’’ in a welfare bill in the first place. And a conference at which every single one With export demand strong and the corn there are sections I strongly support of these provisions, including this mas- and soybean harvests expected during the such as the child support provisions sive last-minute compromise, will be next several weeks, industry observers see no which I wrote. But the fundamental dropped without debate in the first 5 changes in the rate and car supply situation. structure is deeply flawed and can only minutes. Even if they became law, ‘‘We expect cars to remain tight until Jan- lead to deeper poverty and more de- these ornaments do nothing to repair uary or February,’’ Mr. Clow said. ‘‘It would surprise me if we didn’t continue pendency. the deep fundamental flaw at the heart to have this shortage problem for a while,’’ All we are really changing with this of this bill. said Steve Strege, who directs the North Da- bill is the one thing that is not wrong For those who think these provisions kota Grain Dealers Association in Fargo. with welfare—the financial relation- improve this bill enough to vote for it,

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14098 CONGRESSIONAL RECORD — SENATE September 21, 1995 I would like to remind you of what by the Senate, the proposal would tated units, spurred construction activ- happened last week to my amendment greatly reduce private equity attracted ity leading to 98,000 jobs, $3.1 billion of that really would have addressed a cen- to affordable housing through 1997, and wages, and $1.5 billion in tax revenues. tral flaw in the bill. All I proposed to if terminated after 1997, would halt the According to the New York State do was to require states to lay out the development or rehabilitation of af- Housing Finance Agency and the Divi- basic rules of their welfare system and fordable rental housing. sion of Housing and Community Re- assist all poor children who were eligi- In essence, Ways and Means is adopt- newal, in 1994, over 6,100 units of rental ble, unless their families were disquali- ing a ‘‘Ready, Fire, Aim Strategy.’’ housing were made possible because of fied under the rules. The amendment The committee proposes to eliminate the Credit in my home State. The pro- made enough sense that the Majority the program before determining there duction of these units resulted, di- Leader moved to adopt it by voice vote, is a problem. No hearings have been rectly, in an estimated $520 million of but the majority staff was so deter- held and no study has been conducted. housing investment in the State. Of mined to eliminate any hint of a reli- Shoot first and ask question later. the 6,100 units, over 4,700 were for low- able protection for children that we Mr. President, I have written the income families. Also, in 1994, New had to come back the next day and chairman of the Finance committee, York participated in a national redis- strike the provision on virtually a Senator ROTH, urging that the Com- tribution of unused credits from the party-line vote. mittee not consider the Ways and prior year. As a result, $9 million in ad- Unless the heart of this bill is Means proposal to sunset the Credit. ditional credits were allocated leading changed, the United States will be the Oversight of any Federal program is al- to $90 million of new housing produc- only industrialized nation in the world ways appropriate, and the Credit tion activity and 1,200 units of rental that will not guarantee basic protec- should not be exempt. But a mandated housing. The corresponding benefits to tion for children from hunger and ab- sunset before review is just a budget New York State’s economy translated ject poverty. gimmick to pick up revenues in the out to gainful employment and badly need- We can do much better than this bill. years. Congress can always change the ed stimulation of our business commu- We can repair most of what is wrong program if mismanagement is found, nity. with welfare, and over time, much that but only after hearings. Termination This is why I have been contacted by has gone wrong in our society that per- without review will drastically slow my Governor, George Pataki, his com- petuates welfare dependency. Instead the flow of private capital to projects missioner of housing, Joseph Holland, of starting with political slogans, we currently being planned. Action before and his housing finance agency presi- have to start by looking at what really study is rash. Budgetary needs should dent, Stephen Hunt, to oppose any cur- went wrong with welfare, and fixing it. not dictate housing policy. tailment of the Credit Program until We should not only protect families The Credit has enjoyed widespread careful study has determined a need for from poverty, but lift families into the bi-partisan support. Indeed, the pro- change. Additionally the City of New economic mainstream, by building con- gram was originally sponsored by York has urged me to stand up to the nections to private-sector employers. former Senator Mitchell and my col- House Ways and Means Committee’s We should not only require teen par- league from New York, Congressman proposal. Without the Credit my State, ents to live at home, but create facili- RANGEL, as part of the Tax Reform Act and its biggest city, would be deprived ties like 15-Month houses for all those of 1986, and signed into law by Presi- of its most important rental housing who lack a nurturing family. dent Reagan. In the Bush administra- production program. We should make clear to mothers on tion, Secretary of HUD, Jack Kemp, The Credit was only made permanent welfare that having an additional child was the chief advocate of the Credit on in 1993. Prior to that the program will significantly worsen their life behalf of the administration. would sunset and Congress would have chances, but also reduce the penalties Under current law, the Credit is lim- to enact legislation to extend its au- for marriage and savings. ited to $1.25 per capita per State and thority. Since the permanent extension We should give States more responsi- administered by the States on behalf of in 1993, the market has been flooded bility, but also enlist the institutions the Federal Government. Eligible af- with equity; principally from major of civil society—churches, neighbor- fordable housing units are provided a corporations otherwise not involved in hood organizations, and YMCAs—to ac- Federal tax credit each year for 10 affordable housing. the value of credits complish together what neither Gov- years, though the units must remain in the marketplace has dramatically ernment nor the market can accom- affordable for at least 15 years—many increased as these companies compete plish on their own. States require 30 or more years of af- for scarce credits awarded by States. This legislation does not abandon the fordability. Investors provide equity to The Ways and Means action will put a mythical ‘‘welfare state,’’ but it does projects in exchange for the credits to chill on this market driving down the abandon our society’s commitment to facilitate the development of afford- amount of equity available for housing protect poor children from abject pov- able units. in 1996 and 1997. There is no assurance erty, hunger, abuse, neglect and death. Based on the Nation’s population of that the program would be extended Meanwhile, it does nothing to fix the approximately 260 million, States are after 1997. As a result, private equity real problems. I would urge all of my able to allocate approximately $325 available for affordable housing will colleagues to think twice before join- million of credits from their 1995 per dramatically drop because of political ing the rush to send this deeply flawed capita volume limitation. Although the uncertainty and looming termination. bill forward into a process where it will credits are utilized each year for 10 This is unwarranted since no hearings get even worse.∑ years by investors, those investors pro- or studies have shown problems with f vide equity upfront during the develop- the Credit Program. ment process. At today’s market pric- As chairman of the Banking Com- READY, FIRE, AIM ing, the roughly $325 million of volume mittee, with jurisdiction over housing ∑ Mr. D’AMATO. Mr. President, I rise cap credits available in 1995 will result and HUD, I am keenly aware of the today in support of the Affordable in approximately $1.85 billion of pri- dramatic decline in Federal appropria- Housing Tax Credit [the Credit], which vate capital invested in affordable tions for housing programs. Mr. Presi- is the Federal Government’s principal rental housing. dent, I am also very sensitive to the and most successful rental housing pro- This private equity translates into difficulties with HUD managing large gram. The Credit Program, however, is rental housing for families in need of Federal spending programs to support under attack and is threatened with affordable housing. According to the affordable rental housing. I have talked termination. As part of budget rec- National Council of State Housing at length with Secretary Cisneros onciliation, the Ways and Means Com- Agencies [NCSHA], since 1986 the Cred- about his HUD reinvention blueprint mittee has proposed to sunset the Cred- it has assisted in the development of based on less regulation and bureauc- it at the end of 1997 pending a GAO re- over 700,000 units rental housing. In racy. Federal spending programs man- view of the management of the pro- 1994 alone, according to NCSHA, the aged by HUD are slow moving and gram. Crafted this way and if accepted Credit produced 114,000 new or rehabili- filled with red tape. On the other hand,

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14099 the Credit is allocated promptly and is I urge my colleagues to recognize the I ask that the op-ed by Bob Herbert not dominated by Byzantine Federal importance of medical research to the be printed in the RECORD. regulations and paperwork. If any- American people and support the Hat- The material follows: thing, Congress should and will move field-Harkin bill.∑ [From the New York Times, Sept. 11, 1995] beyond the Secretary’s blueprint. But f NAFTA’S BUBBLE BURSTS we should not terminate a program and slow the flow of capital derived from NAFTA (By Bob Herbert) the Credit, until hearings have deter- ∑ Mr. LEVIN. Mr. President, during Back in 1993, in a typical declaration of mined a need for change. the Senate debate over the North faith in the projected glories of the North Mr. President, I urge rejection of the American Free-Trade Agreement I put American Free Trade Agreement, a vice proposed Ways and Means Committee together a brochure entitled ‘‘NAFTA president of the Mattel Corporation named Fermin Cuza assured a Congressional sub- action to sunset the Credit. As a mem- MATH: It Doesn’t Add Up.’’ This bro- committee that Nafta would result in the ber of the Finance Committee I will chure questioned the job creation creation of new jobs at Mattel and have ‘‘a work assiduously to protect this im- claims of NAFTA proponents and very positive effect’’ on the 2,000 men and portant program.∑ showed those job claims to be a distor- women already employed by Mattel in the f tion of what would really happen under United States. NAFTA. Mr. Cuza’s was just one of many promises NATIONAL FUND FOR HEALTH In the brochure and during the made during that season of devotion to free RESEARCH ACT NAFTA debate I pointed out that the trade. The consumer group Public Citizen ∑ Mrs. BOXER. Mr. President, I rise as job gain claims were based solely on took a look back at them. an original cosponsor of the Hatfield- Let’s start with Mattel. Not only have no expected increases in exports. These jobs been created, but a check of Federal Harkin bill. I wish to express my job creation claims totally ignored any strong support for this legislature records by Public Citizen found that 520 potential and expected increase in im- workers at Mattel’s Fisher-Price facility in which provides additional resources for ports from Mexico—which result in the Medina, N.Y., have been certified as laid off health research over and above those loss of American jobs. specifically because of ‘‘increased company provided to the National Institutes of An op-ed published in Monday’s New imports from Mexico’’ that resulted from Health [NIH] in the annual appropria- York Times confirms the worst of my Nafta. tions process. fears. I will ask to have printed in the Public Citizen’s Global Trade Watch unit surveyed the job creation promises of dozens This legislation would create the Na- RECORD a September 11 New York tional Fund for Health Research Act, of staunchly pro-Nafta corporations. They Times op-ed by Bob Herbert which con- included, in addition to Mattel, Allied Sig- financed by a tobacco tax, in the form firms the fact that NAFTA has not re- of 25 cents per pack and an equivalent nal, General Electric, Procter & Gamble, sulted in the increase in U.S. jobs Scott Paper and Zenith. tax on other tobacco products. As a re- promised by its supporters. In fact, it sult of this act, annual revenue in ex- In a report released last week, Public Cit- has resulted in the opposite. izen noted that every one of those companies cess of $4 billion would be raised to pro- Mr. Herbert writes about the findings has already ‘‘laid off workers because of vide additional funds for medical re- of a Public Citizen study of U.S. jobs Nafta.’’ search, which is an important, but created under NAFTA. Public Citizen Of the companies surveyed, 89 percent had often underfunded part of our health looked at the job creation promises of failed to take any significant step toward care system. dozens of companies that supported fulfilling their promises of job creation or Investment in medical research export expansion. NAFTA. Mr. Herbert writes, ‘‘Public yields benefits in countless ways: im- In November 1993, President Clinton as- Citizen noted that every one of those provements in preventing disease, bet- serted, ‘‘If this trade agreement passes— ter methods of diagnosis and treat- companies has already ‘laid off workers Nafta—we estimate America will add an- ment, and breakthroughs that have led because of NAFTA.’’’ In addition, ‘‘Of other 200,000 jobs by 1995 alone.’’ to cures and therapies for afflictions the companies surveyed, 89 percent had He was mistaken. There has been no mean- ingful job creation from Nafta, which has ranging from cancer to schizophrenia. failed to take any significant step to- ward fulfilling their promises of job been in effect for 20 months. But the U.S. De- Improvements in public health de- partment of Labor, through its Nafta Trade pend on basic research to find answers creation or export expansion.’’ In addition, ‘‘There has been no Adjustment Assistance program, which was to fundamental questions about disease designed to help people thrown out of their processes. The most widely heralded meaningful job creation from NAFTA, jobs by Nafta, has certified that 38,148 work- medical triumphs—such as the dis- which has been in effect for 20 months. ers lost their jobs by mid-August. An addi- covery of antibiotics, the vaccine for But the U.S. Department of Labor, tional 30,000 workers have filed for assistance polio, the identification of human im- through its NAFTA Trade Adjustment under the program, which is not well known munodeficiency virus—reflect the vast Assistance Program, which was de- and not available to most workers who are signed to help people thrown out of at risk. It is expected that the true job loss body of fundamental knowledge accu- under Nafta will reach one million by the mulated through medical research. their jobs by NAFTA, has certified that 38,148 workers lost their jobs by mid- end of the year. In addition, medical research is the It is fashionable now for Nafta supporters first line of prevention defense. Re- August. An additional 30,000 workers to blame the end-of-the-year peso crash for search has produced immunizations, a have filed for assistance under the pro- problems that were inherent in the trade screening test to prevent the trans- gram. It is expected that the true job agreement. During the first year of Nafta, mission of HIV through blood products loss under NAFTA will reach 1 million before the big devaluation in December, the and the finding that AZT can reduce by by the end of the year.’’ value of the peso relative to the dollar had two-thirds the rate of HIV trans- Finally, Mr. Herbert writes that al- already declined by nearly 15 percent. That mission from mother to infant. With though exports from the United States wiped out any advantage the U.S. would have realized from Nafta’s lower tariffs. The rising health care costs, it is in our have increased to Mexico as NAFTA proponents predicted, as I feared, im- average tariff decline was just 10 percent. In best interest to fund medical research other words, the ‘‘market access advantage’’ to further both prevention and treat- ports to the United States from Mexico that the U.S. was supposed to enjoy had van- ment of disease. increased even faster, especially for ished before the peso crash. This legislation raises funds for re- high value-added manufactures such as Proponents of Nafta are quick to note that search while protecting our children. automobiles and other high-technology U.S. exports to Mexico increased during the Everyday more than 3,000 children be- items. first year of Nafta. True. But what they fail come smokers and more than 1,000 of Unfortunately, some of our fears to mention is that imports to the U.S. from them will eventually die as a result of about the implications of NAFTA were Mexico increased even faster, with auto- smoking. Raising tobacco taxes is a well founded. NAFTA’s problems were mobiles and other high-technology items in- creasing twice as fast. We were well on our highly effective manner in which to re- evident even before the devaluation of way to a trade deficit with Mexico (and the duce tobacco use by children. A 25 cent the peso which hurt hopes for a grow- big job losses that would entail) before the tax will discourage an estimated 1.3 ing consumer market in Mexico. With crash of the peso. million children and adults from smok- Mexico’s current fiscal problems, these Worse, much of the increase in exports to ing. trends could well get worse. Mexico came from items that boomerang

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14100 CONGRESSIONAL RECORD — SENATE September 21, 1995 back to the U.S. in the form of imports—for ing credit. That legislation was en- A bill (S. 619) to phase out the use of mer- example, component parts shipped to Mexico acted as the Omnibus Budget Rec- cury in batteries and provide for the efficient for assembly into finished goods and infra- onciliation Act of 1993. We were able to and cost-effective collection and recycling or structure equipment for use in the building permanently extend the housing credit proper disposal of used nickel cadmium bat- of factories. teries, small sealed lead-acid batteries, and And then there’s the small matter of the in a bill which produced the largest certain other batteries, and for other pur- wages of American workers. In Nafta’s first amount of deficit reduction in this poses. year, before the collapse of the peso, Amer- country’s history. The Office of Man- The PRESIDING OFFICER. Is there ica’s 77 million production workers endured agement and Budget estimates that the objection to the immediate consider- a 3 percent drop in their real hourly wages— direct and indirect effects of the bill the steepest one-year decline ever recorded. ation of the bill? were to reduce the baseline deficit by a There being no objection, the Senate That, of course, was directly related to the cumulative amount of one trillion dol- overall expansion of the labor pool under proceeded to consider the bill which Nafta, and the fact that the number of com- lars. In sum, while making a very sig- had been reported from the Committee panies choosing to relocate to Mexico has, as nificant attack on the deficit, we were on Environment and Public works, expected, accelerated. The chilling effect of still able to find the resources for this with amendments, as follows: these developments on wage demands should important national priority. And yet (The parts of the bill intended to be be obvious. just 2 years later we see an effort to re- stricken are shown in boldface brack- The peso devaluation has dried up the con- peal it. This is an odd development, in- sumer market in Mexico. That simply means ets and the parts of the bill intended to deed, and I urge my colleagues to join be inserted are shown in italic.) that as bad a deal as Nafta was originally, me in opposing it.∑ Mexicans are now even less able to buy S. 619 American goods. f Be it enacted by the Senate and House of Rep- But it was Nafta that put us on this high- UNANIMOUS-CONSENT resentatives of the United States of America in way to nowhere in the first place. The col- AGREEMENTS Congress assembled, lapse of the peso just increased the speed.∑ SECTION 1. SHORT TITLE. f Mr. BENNETT. Mr. President, I ask This Act may be cited as the ‘‘Mercury- unanimous consent that at 9:30 a.m. on Containing and Rechargeable Battery Man- SUPPORT OF THE LOW-INCOME Friday the Senate proceed to the con- agement Act’’. HOUSING CREDIT ference report to accompany H.R. 1817, SEC. 2. FINDINGS. ∑ Mr. MOYNIHAN. Mr. President, I rise the military construction appropria- The Congress finds that— today to express my great dismay at a tions bill, and it be considered under (1) it is in the public interest to— proposal passed this week by the House the following time agreement: 20 min- (A) phase out the use of mercury in bat- Ways and Means Committee to repeal teries and provide for the efficient and cost- utes equally divided between Senators effective collection and recycling or proper the low-income housing tax credit. BURNS and REID, or their designee; 10 disposal of used nickel cadmium batteries, The housing credit is the Federal minutes under the control of Senator small sealed lead-acid batteries, and other Government’s principal and most suc- BINGAMAN; and, 20 minutes under the regulated batteries; and cessful affordable housing program. control of Senator MCCAIN. (B) educate the public concerning the col- The Enterprise Foundation estimates I further ask that, following the con- lection, recycling, and proper disposal of that the housing credit is responsible clusion or yielding back of time, the such batteries; for almost all of the new private con- Senate proceed to a vote on the adop- (2) uniform national labeling requirements struction of housing units for lower in- for regulated batteries, rechargeable con- tion of the conference report. sumer products, and product packaging will come renters, and that almost 800,000 The PRESIDING OFFICER. Without significantly benefit programs for regulated units of rental housing for lower in- objection, it is so ordered. battery collection and recycling or proper come working families and the elderly Mr. BENNETT. Mr. President, I ask disposal; and have been constructed or rehabilitated unanimous consent that when the Sen- (3) it is in the public interest to encourage as a result of the housing credit. They ate considers the conference report to persons who use rechargeable batteries to also report that the 106,000 affordable accompany H.R. 1854, the legislative participate in collection for recycling of used housing units generated with the hous- appropriations bill, that it be consid- nickel-cadmium, small sealed lead-acid, and ing credit in 1993 resulted in the cre- ered under the following time agree- other regulated batteries. ation of approximately 90,000 jobs, $2.8 ment: 30 minutes to be equally divided SEC. 3. DEFINITIONS. øIn¿ For purposes of this Act: billion in wages, and $1.3 billion in ad- ACK URRAY between Senators M and M ; (1) ADMINISTRATOR.—The term ‘‘Adminis- ditional tax revenues. and 10 minutes under the control of trator’’ means the Administrator of the En- I have visited many of the projects in Senator SIMON. vironmental Protection Agency. New York that have been made pos- I further ask that, following the con- (2) BUTTON CELL.—The term ‘‘button cell’’ sible by the housing credit, and I can clusion or yielding back of time, the means a button- or coin-shaped battery. assure you the credit is having a dra- Senate proceed to vote on the adoption (3) EASILY REMOVABLE.—The term ‘‘easily matic effect on the availability of of the conference report. removable’’, with respect to a battery, good, affordable housing. Yet now some The PRESIDING OFFICER. Without means detachable or removable at the end of of our colleagues in the House would the life of the battery— objection, it is so ordered. (A) from a consumer product by a con- repeal it. I do not understand what Mr. BENNETT. Mr. President, I ask sumer with the use of common household their reasoning is. unanimous consent that, immediately tools; or The House Ways and Means Com- following the disposition of the mili- (B) by a retailer of replacements for a bat- mittee proposal would sunset the cred- tary construction appropriations con- tery used as the principal electrical power it at the end of 1997. The committee ference report on Friday, the Senate source for a vehicle. acted without holding any hearings to proceed to Calendar No. 188, S. 1244, the (4) MERCURIC-OXIDE BATTERY.—The term review the housing credit. And while District of Columbia appropriations ‘‘mercuric-oxide battery’’ means a battery that uses a mercuric-oxide electrode. the committee calls on the Govern- bill. (5) RECHARGEABLE BATTERY.—The term ment Accounting Office to review the The PRESIDING OFFICER. Without ‘‘rechargeable battery’’— management and operation of the objection, it is so ordered. (A) means 1 or more voltaic or galvanic housing credit, it acts nonetheless. f cells, electrically connected to produce elec- The housing credit was devised by tric energy, that is designed to be recharged the Senate Finance Committee during MERCURY-CONTAINING BATTERY for repeated uses; and consideration of the Tax Reform Act of MANAGEMENT (B) includes any type of enclosed device or 1986, and was signed into law by Presi- Mr. BENNETT. Mr. President, I ask sealed container consisting of 1 or more such dent Reagan. It has enjoyed solid bi- unanimous consent that the Senate cells, including what is commonly called a partisan support for nearly a decade. proceed to the immediate consider- battery pack (and in the case of a battery pack, for the purposes of the requirements of I was pleased in 1993, as Chairman of ation of calendar No. 1882, S. 619. easy removability and labeling under section the Senate Finance Committee, to The PRESIDING OFFICER. The 103, means the battery pack as a whole rath- bring legislation before the Senate clerk will report. er than each component individually); but which permanently extended the hous- The legislative clerk read as follows: (C) does not include—

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(i) a lead-acid battery used to start an in- (e) HEARING.—On receiving a request under (1) IN GENERAL.—No person shall sell for ternal combustion engine or as the principal subsection (d), the Administrator shall use in the United States a regulated battery electrical power source for a vehicle, such as promptly conduct a hearing on the record. that is ready for retail sale or a rechargeable an automobile, a truck, construction equip- (f) SUBPOENA POWER.—In connection with consumer product that is ready for retail ment, a motorcycle, a garden tractor, a golf any hearing on the record under this section, sale, øwhich¿ if the battery or product was cart, a wheelchair, or a boat; the Administrator may issue subpoenas for manufactured on or after the date that is 12 (ii) a lead-acid battery used for load lev- the attendance and testimony of witnesses months after the date of enactment of this eling or for storage of electricity generated and for the production of relevant papers, Actø, unless— by an alternative energy source, such as a books, and documents. ø(A) in the case of a regulated battery, the solar cell or wind-driven generator; (g) CONTINUED VIOLATION AFTER EXPIRATION regulated battery— (iii) a battery used as a backup power OF PERIOD FOR COMPLIANCE.—If a violator ø(i) is easily removable from the recharge- source for memory or program instruction fails to take corrective action within the able consumer product; or storage, timekeeping, or any similar purpose time specified in an order under subsection ø(ii) is sold separately; and that requires uninterrupted electrical power (a)(1), the Administrator may assess a civil ø(B) in the case of a regulated battery or in order to function if the primary energy penalty of not more than $10,000 for the con- rechargeable consumer product, the labeling supply fails or fluctuates momentarily; or tinued noncompliance with the order. requirements of subsection (b) are met.¿ (iv) a rechargeable alkaline battery. (h) SAVINGS PROVISIONS.—The Administrator unless the labeling requirements of subsection (6) RECHARGEABLE CONSUMER PRODUCT.— may not take any enforcement action against a (b) are met and, in the case of a regulated bat- The term ‘‘rechargeable consumer prod- person for selling, offering for sale, or offering tery, the regulated battery— uct’’— for promotional purposes to the final consumer (A) is easily removable from the rechargeable (A) means a product that, when sold at re- a battery or product governed by this Act that consumer product; or tail, includes a regulated battery as a pri- was— (B) is sold separately. mary energy supply, and that is primarily (1) purchased ready for final sale; and (2) APPLICATION.—Paragraph (1) does not intended for personal or household use; but (2) sold, offered for sale, or offered for pro- apply to øa sale of¿ any of the following: (B) does not include a product that only motional purposes without modification. (A) The sale of a remanufactured product uses a battery solely as a source of backup SEC. 6. INFORMATION GATHERING AND ACCESS. unit unless paragraph (1) applied to the sale ø power for memory or program instruction (a) RECORDS AND REPORTS.—A person who of the unit when originally manufactured ; ¿ storage, timekeeping, or any similar purpose is required to carry out the objectives of this or . that requires uninterrupted electrical power Act, including— (B) The sale of a product unit intended for in order to function if the primary energy (1) a regulated battery manufacturer; export purposes only. (b) LABELING.—Each regulated battery or supply fails or fluctuates momentarily. (2) a rechargeable consumer product manu- rechargeable consumer product without an (7) REGULATED BATTERY.—The term ‘‘regu- facturer; easily removable battery manufactured on or lated battery’’ means a rechargeable battery (3) a mercury-containing battery manufac- after the date that is 1 year after the date of turer; and that— enactment of this Act, whether produced do- (A) contains a cadmium or a lead electrode (4) an authorized agent of a person de- mestically or imported, shall øbe labeled ø ¿ or any combination of cadmium and lead scribed in subparagraph (A), (B), or (C) with—¿ bear the following labels: electrodes; or paragraph (1), (2), or (3), (1)ø(A)¿ 3 chasing arrows or a comparable (B) contains other electrode chemistries shall establish and maintain such records recycling symbolø;¿ . and is the subject of a determination by the and report such information as the Adminis- ø(B)(i) on each nickel-cadmium battery, Administrator under section 103(d). trator may by regulation reasonably require the chemical name or the abbreviation ‘‘Ni- (8) REMANUFACTURED PRODUCT.—The term to carry out the objectives of this Act. Cd’’; and ‘‘remanufactured product’’ means a re- (b) ACCESS AND COPYING.—The Adminis- ø(ii) on each lead-acid battery, ‘‘Pb’’ or the chargeable consumer product that has been trator or the Administrator’s authorized rep- words ‘‘LEAD’’, ‘‘RETURN’’, and ‘‘RECY- altered by the replacement of parts, repack- resentative, on presentation of credentials of CLE’’; aged, or repaired after initial sale by the the Administrator, may at reasonable times ø(C) on each nickel-cadmium regulated original manufacturer. have access to and copy any records required battery, the phrase ‘‘BATTERY MUST BE SEC. 4. INFORMATION DISSEMINATION. to be maintained under subsection (a). RECYCLED OR DISPOSED OF PROP- The Administrator shall, in consultation (c) CONFIDENTIALITY.—The Administrator ERLY.’’; and with representatives of rechargeable battery shall maintain the confidentiality of docu- ø(D) on each sealed lead acid regulated bat- manufacturers, rechargeable consumer prod- ments and records that contain proprietary tery, the phrase ‘‘BATTERY MUST BE RE- uct manufacturers, and retailers, establish a information. CYCLED.’’;¿ program to provide information to the public SEC. 7. STATE AUTHORITY. (2)(A) On each regulated battery that is a concerning the proper handling and disposal Except as provided in sections 103(e) and nickel-cadmium battery, the chemical name or of used regulated batteries and rechargeable 104, nothing in this Act shall be construed to the abbreviation ‘‘Ni-Cd’’ and the phrase ‘‘BAT- consumer products with nonremovable bat- prohibit a State from enacting and enforcing TERY MUST BE RECYCLED OR DISPOSED teries. a standard or requirement that is more OF PROPERLY.’’. SEC. 5. ENFORCEMENT. stringent than a standard or requirement es- (B) On each regulated battery that is a lead- (a) CIVIL PENALTY.—When on the basis of tablished or promulgated under this Act. acid batters, ‘‘Pb’’ or the words ‘‘LEAD’’, ‘‘RE- any information the Administrator deter- SEC. 8. AUTHORIZATION OF APPROPRIATIONS. TURN’’, and ‘‘RECYCLE’’ and if the regulated mines that a person has violated or is in vio- There are authorized to be appropriated battery is sealed, the phrase ‘‘BATTERY MUST lation of any requirement of this Act, the such sums as are necessary to carry out this BE RECYCLED.’’. Administrator— Act. ø(2) on¿ (3) On each rechargeable consumer (1) in the case of a willful violation, may TITLE I—RECHARGEABLE BATTERY product containing a regulated battery that issue an order assessing a civil penalty of not RECYCLING ACT is not easily removable, the phrase ‘‘CON- more than $10,000 for each violation and re- TAINS NICKEL-CADMIUM BATTERY. BAT- quiring compliance immediately or within a SEC. 101. SHORT TITLE. TERY MUST BE RECYCLED OR DISPOSED reasonable specified time period, or both; or This title may be cited as the ‘‘Recharge- OF PROPERLY.’’ or ‘‘CONTAINS SEALED (2) in the case of any violation, may com- able Battery Recycling Act’’. LEAD BATTERY. BATTERY MUST BE RE- mence a civil action in the United States SEC. 102. PURPOSE. CYCLED.’’, as applicableø; and¿. district court in the district in which the The purpose of this title is to facilitate the ø(3) on¿ (4) On the packaging of each re- violation occurred for appropriate relief, in- efficient recycling or proper disposal of used chargeable consumer product, and the pack- cluding a temporary or permanent injunc- nickel-cadmium rechargeable batteries, used aging of each regulated battery sold sepa- tion. small sealed lead-acid rechargeable bat- rately from such a product, unless the re- (b) CONTENTS OF ORDER.—An order under teries, other regulated batteries, and such quired label is clearly visible through the subsection (a)(1) shall state with reasonable rechargeable batteries in used consumer packaging, the phrase ‘‘CONTAINS NICKEL- specificity the nature of the violation. products, by— CADMIUM BATTERY. BATTERY MUST BE (c) CONSIDERATIONS.—In assessing a civil (1) providing for uniform labeling require- RECYCLED OR DISPOSED OF PROP- penalty under subsection (a)(1), the Adminis- ments and streamlined regulatory require- ERLY.’’ or ‘‘CONTAINS SEALED LEAD trator shall take into account the serious- ments for regulated battery collection pro- BATTERY. BATTERY MUST BE RECY- ness of the violation and any good faith ef- grams; and CLED.’’, as applicable. forts to comply with applicable require- (2) encouraging voluntary industry pro- (c) EXISTING OR ALTERNATIVE LABELING.— ments. grams by eliminating barriers to funding the (1) INITIAL PERIOD.—For a period of 2 years (d) FINALITY OF ORDER; REQUEST FOR HEAR- collection and recycling or proper disposal of after the date of enactment of this Act, regu- ING.—An order under subsection (a)(1) shall used rechargeable batteries. lated batteries, rechargeable consumer prod- become final unless, not later than 30 days SEC. 103. RECHARGEABLE CONSUMER PRODUCTS ucts containing regulated batteries, and re- after the order is served, a person named in AND LABELING. chargeable consumer product packages that the order requests a hearing on the record. (a) PROHIBITION.— are labeled in substantial compliance with

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14102 CONGRESSIONAL RECORD — SENATE September 21, 1995 subsection (b) shall be deemed to comply grant an exemption on the basis of evidence SEC. 204. LIMITATIONS ON THE SALE OF ZINC- with the labeling requirements of subsection supplied to the Administrator that the man- CARBON BATTERIES CONTAINING (b). ufacturer has been unable to commence man- MERCURY. (2) CERTIFICATION.— ufacturing the rechargeable consumer prod- No person shall sell, offer for sale, or offer (A) IN GENERAL.—On application by persons uct in compliance with the requirements of for promotional purposes any zinc-carbon subject to the labeling requirements of sub- this section and with an equivalent level of battery manufactured on or after January 1, section (b) or the labeling requirements pro- product performance without the product— 1996, that contains mercury that was inten- mulgated by the Administrator under sub- (A) posing a threat to human health, safe- tionally introduced as described in section section (d), the Administrator shall certify ty, or the environment; or 203. that a different label meets the requirements (B) violating requirements for approvals SEC. 205. LIMITATIONS ON THE SALE OF BUTTON of subsection (b) or (d), respectively, if the from governmental agencies or widely recog- CELL MERCURIC-OXIDE BATTERIES. different label— nized private standard-setting organizations No person shall sell, offer for sale, or offer (i) conveys the same information as the (including Underwriters Laboratories). for promotional purposes any button cell mercuric-oxide battery for use in the United label required under subsection (b) or (d), re- (3) RENEWAL OF EXEMPTION.—A person spectively; or granted an exemption under paragraph (2) States on or after January 1, 1996. (ii) conforms with a recognized inter- may apply for a renewal of the exemption in SEC. 206. LIMITATIONS ON THE SALE OF OTHER MERCURIC-OXIDE BATTERIES. national standard that is consistent with the accordance with the requirements and proce- (a) PROHIBITION.—On or after January 1, overall purposes of this title. dures described in paragraphs (1) and (2). The 1996, no person shall sell, offer for sale, or (B) CONSTRUCTIVE CERTIFICATION.—Failure Administrator may grant a renewal of such offer for promotional purposes a mercuric- of the Administrator to object to an applica- an exemption for a period of not more than oxide battery for use in the United States tion under subparagraph (A) on the ground 2 years after the date of the granting of the unless the battery manufacturer— that a different label does not meet either of renewal. the conditions described in subparagraph (A) (1) identifies a collection site that has all (i) or (ii) within 120 days after the date on SEC. 104. REQUIREMENTS. required Federal, State, and local govern- which the application is made shall con- For the purposes of carrying out the col- ment approvals, to which persons may send stitute certification for the purposes of this lection, storage, transportation, and recy- used mercuric-oxide batteries for recycling Act. cling or proper disposal of used rechargeable or proper disposal; (d) RULEMAKING AUTHORITY OF THE ADMIN- batteries, batteries described in section (2) informs each of its purchasers of mer- ISTRATOR.— ø3(3)(C)¿ 3(5)(C) or in title II, and used re- curic-oxide batteries of the collection site (1) IN GENERAL.—If the Administrator de- chargeable consumer products containing re- identified under paragraph (1); and termines that other rechargeable batteries chargeable batteries that are not easily re- (3) informs each of its purchasers of mer- having electrode chemistries different from movable rechargeable batteries, persons in- curic-oxide batteries of a telephone number regulated batteries are toxic and may cause volved in collecting, storing, or transporting that the purchaser may call to get informa- substantial harm to human health and the such batteries or products to a facility for tion about sending mercuric-oxide batteries environment if discarded into the solid waste recycling or proper disposal shall, notwith- for recycling or proper disposal. stream for land disposal or incineration, the standing any other law, be regulated in the (b) APPLICATION OF SECTION.—This section Administrator may, with the advice and same manner and with the same limitations does not apply to a sale or offer of a mer- counsel of State regulatory authorities and as if the persons were collecting, storing, or curic-oxide button cell battery. manufacturers of rechargeable batteries and transporting øbatteries subject to subpart G SEC. 207. NEW PRODUCT OR USE. rechargeable consumer products, and after of part 266 of title 40, Code of Federal Regu- On petition of a person that proposes a new public comment— lations, as in effect on January 1, 1993, ex- use for a battery technology described in (A) promulgate labeling requirements for cept that sections 264.76, 265.76, and 268.7 of this title or the use of a battery described in the batteries with different electrode chem- that title shall not apply¿ spent lead acid bat- this title in a new product, the Adminis- istries, rechargeable consumer products con- teries that are recyclable materials subject to trator may exempt from this title the new taining such batteries that are not easily re- regulations of the Environmental Protection use of the technology or the use of such a movable batteries, and packaging for the Agency under subpart G of part 266 of title 40, battery in the new product on the condition, batteries and products; and Code of Federal Regulations, as in effect on if appropriate, that there exist reasonable (B) promulgate requirements for easy re- January 1, 1995, except that the requirements of safeguards to ensure that the resulting bat- movability of regulated batteries from re- title 40 relating to unmanifested waste reports tery or product without an easily removable chargeable consumer products designed to (40 CFR 264.76 and 265.76) and to waste analysis battery will not be disposed of in an inciner- contain such batteries. and recordkeeping (40 CFR 268.7) shall not ator, composting facility, or landfill (other (2) SUBSTANTIAL SIMILARITY.—The regula- apply. than a facility regulated under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6291 tions promulgated under paragraph (1) shall SEC. 105. COOPERATIVE EFFORTS. be substantially similar to the requirements et seq.)) Notwithstanding any other law, if 2 or set forth in subsections (a) and (b). Mr. SMITH. Mr. President, today the more persons who participate in projects or (e) UNIFORMITY.—After the effective dates programs to collect and properly manage Senate is considering S. 619, the Mer- of a requirement set forth in subsection (a), cury-Containing and Rechargeable Bat- (b), or (c) or a regulation promulgated by the used rechargeable batteries or products pow- Administrator under subsection (d), no Fed- ered by rechargeable batteries advise the Ad- tery Management Act. I introduced eral agency, State, or political subdivision of ministrator of their intent, the persons may this measure on March 24, 1995, along a State may enforce any easy removability agree to develop jointly, or to share in the with Senators LAUTENBERG, FAIRCLOTH, or environmental labeling requirement for a costs of participating in, such a project or MCCONNELL, LIEBERMAN, SIMON, MACK, rechargeable battery or rechargeable con- program and to examine and rely on such BOND, GRAHAM, WARNER, and REID as sumer product that is not identical to the re- cost information as is collected during the original cosponsors. In addition, Sen- quirement or regulation. project or program. ator INHOFE and Senator SNOWE co- (f) EXEMPTIONS.— TITLE II—MERCURY-CONTAINING sponsored the bill following its intro- (1) IN GENERAL.—With respect to any re- BATTERY MANAGEMENT ACT chargeable consumer product, any person duction. This legislation is urgently may submit an application to the Adminis- SEC. 201. SHORT TITLE. needed to remove Federal barriers det- trator for an exemption from the require- This title may be cited as the ‘‘Mercury- rimental to much-needed State and ments of subsection (a) in accordance with Containing Battery Management Act’’. local recycling programs for batteries the procedures under paragraph (2). The ap- SEC. 202. PURPOSE. commonly found in cordless products plication shall include the following infor- such as portable telephones, laptop mation: The purpose of this title is to phase out the (A) A statement of the specific basis for use of batteries containing mercury. computers, tools, and toys. In order to the request for the exemption. SEC. 203. LIMITATIONS ON THE SALE OF ALKA- respond to this urgent need, the Senate (B) The name, business address, and tele- LINE-MANGANESE BATTERIES CON- Committee on Environment and Public phone number of the applicant. TAINING MERCURY. Works reported S. 619 out of the com- (2) GRANTING OF EXEMPTION.—Not later No person shall sell, offer for sale, or offer mittee, by voice vote, on August 2, than 60 days after receipt of an application for promotional purposes any alkaline-man- 1995. under paragraph (1), the Administrator shall ganese battery manufactured on or after Since 1992, Federal battery legisla- approve or deny the application. On approval January 1, 1996, with a mercury content that tion has been approved in various con- of the application the Administrator shall was intentionally introduced (as distin- gressional forums, including full Sen- grant an exemption to the applicant. The ex- guished from mercury that may be inciden- emption shall be issued for a period of time tally present in other materials), except that ate passage in 1994, but it did not be- that the Administrator determines to be ap- the limitation on mercury content in alka- come law because the legislation that propriate, except that the period shall not line-manganese button cells shall be 25 milli- it was attached to did not move for- exceed 2 years. The Administrator shall grams of mercury per button cell. ward. S. 619 which is virtually identical

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — SENATE S14103 to the Senate passed provisions last Third, this legislation represents an creating a recycling program for re- year, would: First, facilitate the effi- environmentally friendly policy choice chargeable nickel cadmium, will re- cient and cost effective collection and that was developed as the result of a move a significant source of toxics recycling or proper disposal of used strong cooperative effort between the from our landfills. nickel cadmium [Ni-Cd] and certain States, environmental groups and the Besides widespread bipartisan sup- other batteries by: (a) Establishing a affected industries. Our bill is strongly port, this bill is supported by the Port- coherent national system of labeling supported by the Electronic Industries able Rechargeable Battery Association, for batteries and products; (b) stream- Association [EIA], the Portable Re- and the National Electrical Manufac- lining the regulatory requirements for chargeable Battery Association turers Association. I urge speedy ap- battery collection programs for regu- [PRBA], and the National Electrical proval of this measure. lated batteries; and (c) encouraging Manufacturers Association [NEMA]. Mr. BENNETT. I ask unanimous con- voluntary industry programs by elimi- For all of the reasons cited above, I be- sent that the committee amendments nating barriers to funding the collec- lieve that this legislation provides a be adopted, the bill then be deemed tion and recycling or proper disposal of substantial win-win from both an envi- read a third time, passed, the motion used rechargeable batteries; and sec- ronmental as well as an economic to reconsider be laid upon the table, ond, phase out the use of mercury in standpoint. and that any statements relating to batteries. Mr. President, I believe this bill rep- the bill be placed at the appropriate I am pleased to report that the U.S. resents a significant and positive step place in the RECORD. Conference of Mayors, at its June in removing potentially toxic heavy The PRESIDING OFFICER. Without meeting, passed a resolution in support metals from our Nation’s solid waste objection, it is so ordered. of S. 619. As the resolution recognized, stream, and I urge its immediate adop- So the bill (S. 619) was deemed to passage of this legislation will decrease tion. have been read three times and passed. the quantities of mercury and cad- Mr. LAUTENBERG. Mr. President, I S. 619 mium contributed to the environment rise to join Senator CHAFEE and Sen- Be it enacted by the Senate and House of Rep- by dry cell batteries. In addition, S. 619 ator SMITH in supporting S. 619, the resentatives of the United States of America in will facilitate implementation of State Mercury-Containing and Rechargeable Congress assembled, battery laws in the 13 States that have Battery Management Act. SECTION 1. SHORT TITLE. enacted such provisions. These States The bill is based on the bipartisan This Act may be cited as the ‘‘Mercury- are New Hampshire, Rhode Island, New bill that I sponsored with Senators Containing and Rechargeable Battery Man- Jersey, California, Connecticut, Flor- FAIRCLOTH, LIEBERMAN, REID and agement Act’’. ida, New York, Iowa, Oregon, Maine, GRAHAM during the last Congress. SEC. 2. FINDINGS. The Congress finds that— Vermont, Minnesota, and Maryland. Mr. President, this legislation is an important step in our efforts to control (1) it is in the public interest to— The bill also will assist all other States (A) phase out the use of mercury in bat- in moving forward with an industry fi- the amount of toxic wastes entering the waste stream. Specifically it deals teries and provide for the efficient and cost- nanced and developed national battery effective collection and recycling or proper with mercury, cadmium and lead which collection program. disposal of used nickel cadmium batteries, Mr. President, although industry has are contained in some battery casing. small sealed lead-acid batteries, and other developed a national collection pro- These materials pose no risk while a regulated batteries; and gram to comply with these laws, with- battery is in use. But they can be a sig- (B) educate the public concerning the col- out enactment of a Federal bill, EPA’s nificant concern when discarded in our lection, recycling, and proper disposal of such batteries; current regulatory requirements pre- solid waste stream. Cadmium, which is used in the elec- (2) uniform national labeling requirements clude industry from fully imple- trodes of rechargeable nickel-cadmium for regulated batteries, rechargeable con- menting this program and from com- batteries, can cause kidney and liver sumer products, and product packaging will plying with the State collection re- damage. significantly benefit programs for regulated quirements. Regulatory changes cur- Mercury exposure can cause signifi- battery collection and recycling or proper rently under consideration, even if pro- disposal; and cant damage to the nervous system and (3) it is in the public interest to encourage mulgated, will not provide the nec- kidneys. It has also been linked to de- essary solution. Additional lengthy persons who use rechargeable batteries to creased motor functions and muscle re- participate in collection for recycling of used rulemaking procedures would also be flexes, memory loss, headaches and nickel-cadmium, small sealed lead-acid, and necessary to make the regulation oper- brain function disorders. And when other regulated batteries. ational on a national basis. Further, mercury enters the aquatic environ- SEC. 3. DEFINITIONS. we would still lack a coherent national ment, it can form methyl mercury, For purposes of this Act: system of labeling, which is necessary which is extremely toxic to both hu- (1) ADMINISTRATOR.—The term ‘‘Adminis- to facilitate nationwide marketing of mans and wildlife. trator’’ means the Administrator of the En- batteries and products while advancing Although dry cell batteries account vironmental Protection Agency. (2) BUTTON CELL.—The term ‘‘button cell’’ a national battery collection program. for less than one tenth of 1 percent of Federal legislation is the only real so- means a button- or coin-shaped battery. the 180 billion tons of garbage we gen- (3) EASILY REMOVABLE.—The term ‘‘easily lution to removing the barriers to com- erate each year, dry cell batteries have removable’’, with respect to a battery, plying with State battery recycling been significant sources of mercury, means detachable or removable at the end of laws, and to achieving a comprehensive cadmium, and lead in our waste the life of the battery— recycling program. stream. (A) from a consumer product by a con- The prompt passage of this bipar- According to a New York State re- sumer with the use of common household tisan legislation will achieve a number port, mercury batteries accounted for tools; or of important goals. First, by estab- 85 percent of the mercury, and re- (B) by a retailer of replacements for a bat- tery used as the principal electrical power lishing uniform national standards to chargeable batteries accounted for 68 promote the recycling and reuse of re- source for a vehicle. percent of the cadmium, in New York’s (4) MERCURIC-OXIDE BATTERY.—The term chargeable batteries, this legislation solid waste. ‘‘mercuric-oxide battery’’ means a battery provides a cost effective means to pro- In landfills, dry cell batteries can that uses a mercuric-oxide electrode. mote the reuse of our Nation’s re- break down to release their toxic con- (5) RECHARGEABLE BATTERY.—The term sources. Second, our bill will further tents and contaminate our waters. In ‘‘rechargeable battery’’— strengthen efforts to remove these po- incinerators, the combustion of dry (A) means 1 or more voltaic or galvanic tentially toxic heavy metals from our cell batteries containing toxic metals cells, electrically connected to produce elec- Nation’s landfills and incinerators. Not leads to elevated toxic air emissions, tric energy, that is designed to be recharged only will this lower the threat of for repeated uses; and and has increased the concentrations of (B) includes any type of enclosed device or groundwater contamination and toxic toxic metals in the resulting fly and sealed container consisting of 1 or more such air emissions, but it will also signifi- bottom ash. cells, including what is commonly called a cantly reduce the threat that these This bill, by limiting the amount of battery pack (and in the case of a battery materials pose to the environment. toxics used in primary batteries and pack, for the purposes of the requirements of

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easy removability and labeling under section become final unless, not later than 30 days (1) IN GENERAL.—No person shall sell for 103, means the battery pack as a whole rath- after the order is served, a person named in use in the United States a regulated battery er than each component individually); but the order requests a hearing on the record. that is ready for retail sale or a rechargeable (C) does not include— (e) HEARING.—On receiving a request under consumer product that is ready for retail (i) a lead-acid battery used to start an in- subsection (d), the Administrator shall sale, if the battery or product was manufac- promptly conduct a hearing on the record. ternal combustion engine or as the principal tured on or after the date that is 12 months electrical power source for a vehicle, such as (f) SUBPOENA POWER.—In connection with any hearing on the record under this section, after the date of enactment of this Act, un- an automobile, a truck, construction equip- less the labeling requirements of subsection ment, a motorcycle, a garden tractor, a golf the Administrator may issue subpoenas for (b) are met and, in the case of a regulated cart, a wheelchair, or a boat; the attendance and testimony of witnesses battery, the regulated battery— (ii) a lead-acid battery used for load lev- and for the production of relevant papers, (A) is easily removable from the recharge- eling or for storage of electricity generated books, and documents. (g) CONTINUED VIOLATION AFTER EXPIRATION by an alternative energy source, such as a able consumer product; or OF PERIOD FOR COMPLIANCE.—If a violator solar cell or wind-driven generator; (B) is sold separately. fails to take corrective action within the (iii) a battery used as a backup power (2) APPLICATION.—Paragraph (1) does not time specified in an order under subsection source for memory or program instruction apply to any of the following: (a)(1), the Administrator may assess a civil (A) The sale of a remanufactured product storage, timekeeping, or any similar purpose penalty of not more than $10,000 for the con- unit unless paragraph (1) applied to the sale that requires uninterrupted electrical power tinued noncompliance with the order. of the unit when originally manufactured. in order to function if the primary energy (h) SAVINGS PROVISIONS.—The Adminis- supply fails or fluctuates momentarily; or trator may not take any enforcement action (B) The sale of a product unit intended for (iv) a rechargeable alkaline battery. against a person for selling, offering for sale, export purposes only. (6) RECHARGEABLE CONSUMER PRODUCT.— or offering for promotional purposes to the (b) LABELING.—Each regulated battery or The term ‘‘rechargeable consumer prod- final consumer a battery or product gov- rechargeable consumer product without an uct’’— erned by this Act that was— easily removable battery manufactured on or (A) means a product that, when sold at re- (1) purchased ready for final sale; and tail, includes a regulated battery as a pri- (2) sold, offered for sale, or offered for pro- after the date that is 1 year after the date of mary energy supply, and that is primarily motional purposes without modification. enactment of this Act, whether produced do- intended for personal or household use; but SEC. 6. INFORMATION GATHERING AND ACCESS. mestically or imported, shall bear the fol- (B) does not include a product that only (a) RECORDS AND REPORTS.—A person who lowing labels: uses a battery solely as a source of backup is required to carry out the objectives of this (1) 3 chasing arrows or a comparable recy- power for memory or program instruction Act, including— cling symbol. storage, timekeeping, or any similar purpose (1) a regulated battery manufacturer; (2)(A) On each regulated battery that is a that requires uninterrupted electrical power (2) a rechargeable consumer product manu- nickel-cadmium battery, the chemical name in order to function if the primary energy facturer; or the abbreviation ‘‘Ni-Cd’’ and the phrase supply fails or fluctuates momentarily. (3) a mercury-containing battery manufac- ‘‘BATTERY MUST BE RECYCLED OR DIS- (7) REGULATED BATTERY.—The term ‘‘regu- turer; and POSED OF PROPERLY.’’. lated battery’’ means a rechargeable battery (4) an authorized agent of a person de- (B) On each regulated battery that is a that— scribed in paragraph (1), (2), or (3), lead-acid batteries, ‘‘Pb’’ or the words (A) contains a cadmium or a lead electrode shall establish and maintain such records ‘‘LEAD’’, ‘‘RETURN’’, and ‘‘RECYCLE’’ and or any combination of cadmium and lead and report such information as the Adminis- if the regulated battery is sealed, the phrase electrodes; or trator may by regulation reasonably require (B) contains other electrode chemistries to carry out the objectives of this Act. ‘‘BATTERY MUST BE RECYCLED.’’. and is the subject of a determination by the (b) ACCESS AND COPYING.—The Adminis- (3) On each rechargeable consumer product Administrator under section 103(d). trator or the Administrator’s authorized rep- containing a regulated battery that is not (8) REMANUFACTURED PRODUCT.—The term resentative, on presentation of credentials of easily removable, the phrase ‘‘CONTAINS ‘‘remanufactured product’’ means a re- the Administrator, may at reasonable times NICKEL-CADMIUM BATTERY. BATTERY chargeable consumer product that has been have access to and copy any records required MUST BE RECYCLED OR DISPOSED OF altered by the replacement of parts, repack- to be maintained under subsection (a). PROPERLY.’’ or ‘‘CONTAINS SEALED (c) CONFIDENTIALITY.—The Administrator aged, or repaired after initial sale by the LEAD BATTERY. BATTERY MUST BE RE- shall maintain the confidentiality of docu- original manufacturer. CYCLED.’’, as applicable. ments and records that contain proprietary SEC. 4. INFORMATION DISSEMINATION. information. (4) On the packaging of each rechargeable The Administrator shall, in consultation consumer product, and the packaging of each SEC. 7. STATE AUTHORITY. with representatives of rechargeable battery Except as provided in sections 103(e) and regulated battery sold separately from such manufacturers, rechargeable consumer prod- 104, nothing in this Act shall be construed to a product, unless the required label is clearly uct manufacturers, and retailers, establish a prohibit a State from enacting and enforcing visible through the packaging, the phrase program to provide information to the public a standard or requirement that is more ‘‘CONTAINS NICKEL-CADMIUM BATTERY. concerning the proper handling and disposal stringent than a standard or requirement es- BATTERY MUST BE RECYCLED OR DIS- of used regulated batteries and rechargeable tablished or promulgated under this Act. POSED OF PROPERLY.’’ or ‘‘CONTAINS consumer products with nonremovable bat- teries. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. SEALED LEAD BATTERY. BATTERY There are authorized to be appropriated MUST BE RECYCLED.’’, as applicable. SEC. 5. ENFORCEMENT. such sums as are necessary to carry out this (a) CIVIL PENALTY.—When on the basis of (c) EXISTING OR ALTERNATIVE LABELING.— Act. any information the Administrator deter- (1) INITIAL PERIOD.—For a period of 2 years mines that a person has violated or is in vio- TITLE I—RECHARGEABLE BATTERY after the date of enactment of this Act, regu- RECYCLING ACT lation of any requirement of this Act, the lated batteries, rechargeable consumer prod- Administrator— SEC. 101. SHORT TITLE. ucts containing regulated batteries, and re- This title may be cited as the ‘‘Recharge- (1) in the case of a willful violation, may chargeable consumer product packages that able Battery Recycling Act’’. issue an order assessing a civil penalty of not are labeled in substantial compliance with more than $10,000 for each violation and re- SEC. 102. PURPOSE. subsection (b) shall be deemed to comply quiring compliance immediately or within a The purpose of this title is to facilitate the with the labeling requirements of subsection reasonable specified time period, or both; or efficient recycling or proper disposal of used (b). (2) in the case of any violation, may com- nickel-cadmium rechargeable batteries, used mence a civil action in the United States small sealed lead-acid rechargeable bat- (2) CERTIFICATION.— district court in the district in which the teries, other regulated batteries, and such (A) IN GENERAL.—On application by persons violation occurred for appropriate relief, in- rechargeable batteries in used consumer subject to the labeling requirements of sub- cluding a temporary or permanent injunc- products, by— section (b) or the labeling requirements pro- tion. (1) providing for uniform labeling require- mulgated by the Administrator under sub- (b) CONTENTS OF ORDER.—An order under ments and streamlined regulatory require- section (d), the Administrator shall certify subsection (a)(1) shall state with reasonable ments for regulated battery collection pro- that a different label meets the requirements specificity the nature of the violation. grams; and of subsection (b) or (d), respectively, if the (c) CONSIDERATIONS.—In assessing a civil (2) encouraging voluntary industry pro- different label— penalty under subsection (a)(1), the Adminis- grams by eliminating barriers to funding the (i) conveys the same information as the trator shall take into account the serious- collection and recycling or proper disposal of label required under subsection (b) or (d), re- ness of the violation and any good faith ef- used rechargeable batteries. spectively; or forts to comply with applicable require- SEC. 103. RECHARGEABLE CONSUMER PRODUCTS (ii) conforms with a recognized inter- ments. AND (d) FINALITY OF ORDER; REQUEST FOR HEAR- LABELING. national standard that is consistent with the ING.—An order under subsection (a)(1) shall (a) PROHIBITION.— overall purposes of this title.

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(B) CONSTRUCTIVE CERTIFICATION.—Failure Administrator may grant a renewal of such ment approvals, to which persons may send of the Administrator to object to an applica- an exemption for a period of not more than used mercuric-oxide batteries for recycling tion under subparagraph (A) on the ground 2 years after the date of the granting of the or proper disposal; that a different label does not meet either of renewal. (2) informs each of its purchasers of mer- the conditions described in subparagraph (A) SEC. 104. REQUIREMENTS. curic-oxide batteries of the collection site (i) or (ii) within 120 days after the date on For the purposes of carrying out the col- identified under paragraph (1); and which the application is made shall con- lection, storage, transportation, and recy- (3) informs each of its purchasers of mer- stitute certification for the purposes of this cling or proper disposal of used rechargeable curic-oxide batteries of a telephone number Act. batteries, batteries described in section that the purchaser may call to get informa- (d) RULEMAKING AUTHORITY OF THE ADMIN- 3(5)(C) or in title II, and used rechargeable tion about sending mercuric-oxide batteries ISTRATOR.— consumer products containing rechargeable for recycling or proper disposal. (1) IN GENERAL.—If the Administrator de- batteries that are not easily removable re- (b) APPLICATION OF SECTION.—This section termines that other rechargeable batteries chargeable batteries, persons involved in col- does not apply to a sale or offer of a mer- having electrode chemistries different from lecting, storing, or transporting such bat- curic-oxide button cell battery. regulated batteries are toxic and may cause teries or products to a facility for recycling SEC. 207. NEW PRODUCT OR USE. substantial harm to human health and the or proper disposal shall, notwithstanding On petition of a person that proposes a new environment if discarded into the solid waste any other law, be regulated in the same man- use for a battery technology described in stream for land disposal or incineration, the ner and with the same limitations as if the Administrator may, with the advice and this title or the use of a battery described in persons were collecting, storing, or trans- counsel of State regulatory authorities and this title in a new product, the Adminis- porting spent lead acid batteries that are re- manufacturers of rechargeable batteries and trator may exempt from this title the new cyclable materials subject to regulations of rechargeable consumer products, and after use of the technology or the use of such a the Environmental Protection Agency under public comment— battery in the new product on the condition, subpart G of part 266 of title 40, Code of Fed- (A) promulgate labeling requirements for if appropriate, that there exist reasonable eral Regulations, as in effect on January 1, the batteries with different electrode chem- safeguards to ensure that the resulting bat- 1995, except that the requirements of title 40 istries, rechargeable consumer products con- tery or product without an easily removable relating to unmanifested waste reports (40 taining such batteries that are not easily re- battery will not be disposed of in an inciner- CFR 264.76 and 265.76) and to waste analysis movable batteries, and packaging for the ator, composting facility, or landfill (other and recordkeeping (40 CFR 268.7) shall not batteries and products; and than a facility regulated under subtitle C of apply. (B) promulgate requirements for easy re- the Solid Waste Disposal Act (42 U.S.C. 6291 movability of regulated batteries from re- SEC. 105. COOPERATIVE EFFORTS. et seq.)). Notwithstanding any other law, if 2 or chargeable consumer products designed to f contain such batteries. more persons who participate in projects or (2) SUBSTANTIAL SIMILARITY.—The regula- programs to collect and properly manage ORDERS FOR FRIDAY, SEPTEMBER tions promulgated under paragraph (1) shall used rechargeable batteries or products pow- 22, 1995 be substantially similar to the requirements ered by rechargeable batteries advise the Ad- set forth in subsections (a) and (b). ministrator of their intent, the persons may Mr. BENNETT. Mr. President, I ask (e) UNIFORMITY.—After the effective dates agree to develop jointly, or to share in the unanimous consent that when the Sen- of a requirement set forth in subsection (a), costs of participating in, such a project or ate completes its business today, it (b), or (c) or a regulation promulgated by the program and to examine and rely on such stand in recess until the hour of 9:30 Administrator under subsection (d), no Fed- cost information as is collected during the a.m. on Friday, September 22, 1995; eral agency, State, or political subdivision of project or program. that following the prayer, the Journal a State may enforce any easy removability TITLE II—MERCURY-CONTAINING of proceedings be deemed approved to or environmental labeling requirement for a BATTERY MANAGEMENT ACT rechargeable battery or rechargeable con- date, the time for the two leaders be SEC. 201. SHORT TITLE. sumer product that is not identical to the re- reserved for their use later in the day, quirement or regulation. This title may be cited as the ‘‘Mercury- and the Senate then proceed to the Containing Battery Management Act’’. (f) EXEMPTIONS.— consideration of the military construc- (1) IN GENERAL.—With respect to any re- SEC. 202. PURPOSE. tion appropriations conference report The purpose of this title is to phase out the chargeable consumer product, any person as under the previous order. may submit an application to the Adminis- use of batteries containing mercury. trator for an exemption from the require- SEC. 203. LIMITATIONS ON THE SALE OF ALKA- The PRESIDING OFFICER. Without ments of subsection (a) in accordance with LINE-MANGANESE BATTERIES CON- objection, it is so ordered. the procedures under paragraph (2). The ap- TAINING MERCURY. f plication shall include the following infor- No person shall sell, offer for sale, or offer mation: for promotional purposes any alkaline-man- PROGRAM ganese battery manufactured on or after (A) A statement of the specific basis for Mr. BENNETT. Mr. President, for the the request for the exemption. January 1, 1996, with a mercury content that (B) The name, business address, and tele- was intentionally introduced (as distin- information of all Senators, the Senate phone number of the applicant. guished from mercury that may be inciden- will consider and complete action on (2) GRANTING OF EXEMPTION.—Not later tally present in other materials), except that several items on Friday. At 9:30, the than 60 days after receipt of an application the limitation on mercury content in alka- Senate will begin consideration of the under paragraph (1), the Administrator shall line-manganese button cells shall be 25 milli- MilCon appropriations conference re- approve or deny the application. On approval grams of mercury per button cell. port under a short agreement. Senators of the application the Administrator shall SEC. 204. LIMITATIONS ON THE SALE OF ZINC- can expect a rollcall vote on that con- grant an exemption to the applicant. The ex- CARBON BATTERIES CONTAINING ference report possibly before 10:30 to- emption shall be issued for a period of time MERCURY. that the Administrator determines to be ap- No person shall sell, offer for sale, or offer morrow. propriate, except that the period shall not for promotional purposes any zinc-carbon The Senate will also complete action exceed 2 years. The Administrator shall battery manufactured on or after January 1, on the legislative appropriations con- grant an exemption on the basis of evidence 1996, that contains mercury that was inten- ference report on Friday. The Senate supplied to the Administrator that the man- tionally introduced as described in section will also consider the D.C. appropria- ufacturer has been unable to commence man- 203. tions bill. Senators can therefore ex- ufacturing the rechargeable consumer prod- SEC. 205. LIMITATIONS ON THE SALE OF BUTTON pect rollcall votes throughout tomor- CELL MERCURIC-OXIDE BATTERIES. uct in compliance with the requirements of row’s session of the Senate. this section and with an equivalent level of No person shall sell, offer for sale, or offer product performance without the product— for promotional purposes any button cell f (A) posing a threat to human health, safe- mercuric-oxide battery for use in the United ty, or the environment; or States on or after January 1, 1996. ORDER FOR RECESS (B) violating requirements for approvals SEC. 206. LIMITATIONS ON THE SALE OF OTHER Mr. BENNETT. Mr. President, if from governmental agencies or widely recog- MERCURIC-OXIDE BATTERIES. there is no further business to come be- nized private standard-setting organizations (a) PROHIBITION.—On or after January 1, fore the Senate, I now ask that the (including Underwriters Laboratories). 1996, no person shall sell, offer for sale, or Senate stand in recess under the pre- (3) RENEWAL OF EXEMPTION.—A person offer for promotional purposes a mercuric- granted an exemption under paragraph (2) oxide battery for use in the United States vious order following the remarks of may apply for a renewal of the exemption in unless the battery manufacturer— Senator PELL. accordance with the requirements and proce- (1) identifies a collection site that has all The PRESIDING OFFICER. Without dures described in paragraphs (1) and (2). The required Federal, State, and local govern- objection, it is so ordered.

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14106 CONGRESSIONAL RECORD — SENATE September 21, 1995 Mr. PELL addressed the Chair. I am pleased to note though—with a support to the American University of The PRESIDING OFFICER. The Sen- few notable exceptions—the foreign ops Beirut, the Lebanese American Univer- ator from Rhode Island. bill has been crafted with a fair sity, and other important institutions Mr. PELL. Mr. President, the Senate amount of bipartisanship, and by com- that have advanced U.S. foreign policy has now adopted legislation making ap- parison to the other bills, represents a goals abroad. propriations for foreign operations, ex- sound basis for discussing our foreign Mr. President, I again want to em- port financing, and related programs— assistance and other programs. phasize and commend the bipartisan the so-called foreign ops appropriations I do not wish to suggest that I sup- approach that has been apparent on bill. port every provision of this bill. I do this bill. I hope that spirit can be pre- This is the first major foreign-af- not. I have deep concerns about the un- served as we move down the road. fairs-related legislation to pass the necessarily low spending levels and I yield the floor. about some of the language dealing Senate this year. We have not yet with the former Yugoslavia, North f passed authorizations for the State De- Korea, and Russia—countries and partment and other foreign affairs RECESS UNTIL 9:30 A.M. issues of critical importance to the agencies, or for the foreign aid pro- TOMORROW U.S. foreign policy agenda. While most gram. We also have yet to pass an ap- of the multilateral lending institutions The PRESIDING OFFICER. There propriation for the State Department— have fared reasonably well in this bill, being no further business to come be- which is usually done along with the I also regret that there is such a low fore the Senate, under the previous Commerce and Justice Departments. level for the International Develop- order the Senate will stand in recess The reason why we have not yet ment Association, which lends to the until the hour of 9:30 a.m., Friday, Sep- passed these measures—and why we poorest of the poor. I hope that where tember 22, 1995. were able to pass the foreign ops bill— possible compromise language can be Thereupon, the Senate, at 8:16 p.m., gets to the very heart of bipartisan- worked out on all of these matters in recessed until Friday, September 22, ship. The authorization bills and the conference. 1995, at 9:30 a.m. Commerce, Justice, State appropria- I also want to note that the Appro- f tions bill represent, in my mind, par- priations Committee, in its report ac- tisan efforts to mandate drastic and companying the foreign ops bill, ex- NOMINATIONS poorly conceived cuts and reductions in pressed strong support for the Amer- Executive nominations received by foreign policy programs and agencies. ican Schools and Hospitals Abroad Pro- the Senate September 21, 1995: In their present form, the bills are so gram, known as ASHA, a small but ef- controversial that it has proven dif- fective program of which I have been a DEPARTMENT OF DEFENSE ficult even to bring them up for consid- JOHN WADE DOUGLASS, OF VIRGINIA, TO BE AN AS- longtime advocate. Among other SISTANT SECRETARY OF THE NAVY, VICE NORA eration. things, this program has provided U.S. SLATKIN, RESIGNED.

VerDate Aug 31 2005 06:56 May 28, 2008 Jkt 041999 PO 00000 Frm 00114 Fmt 0624 Sfmt 9801 J:\ODA15\1995_F~1\S21SE5.REC S21SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 21, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1821 EXTENSIONS OF REMARKS

HOW MEDICAID CUTS WILL HURT aging of our population, the need for Medic- quately cover children. This is one of the CHILDREN aid services will continue to increase, thus reasons that there is a real need for health to cap the annual rate of growth at 4% by care reform, not arbitrary reduction in serv- 1998 will represent real cuts and will result ices or coverage. In fact, a decrease in Medic- HON. NORMAN D. DICKS in certain actions: A decrease in the number aid coverage will increase the number of un- OF WASHINGTON of new enrollees or an expenditure cap on en- insured, indirectly increase family poverty IN THE HOUSE OF REPRESENTATIVES rollees; elimination of current enrollees; ac- and, in the long run, will decrease family Thursday, September 21, 1995 tual cuts in benefits or services. employment and individual productivity. Fifteen percent of children covered by Well over half of children assisted by Med- Mr. DICKS. Mr. Speaker, last week, Con- Medicaid are ‘‘medically needy’’ because icaid (57.5%) live in working families. In the gressman JOHN MCDERMOTT, Democratic their health care expenses could reduce their 1980’s, Congress delinked Medicaid from wel- leader DICK GEPHARDT, and I had the oppor- families to poverty. Private insurance is fare, which is based on unemployment, so as tunity to listen to remarks delivered by Dr. often unavailable or unaffordable. Medicaid to not penalize poor but working families John Neff, medical director of Children's Hos- is literally their insurer of last resort. with loss of health coverage for their chil- To cap Medicaid at a growth rate of only dren. Parents should not have to choose be- pital and Medical Center in Seattle. In those 4% per year will result in real elimination of tween being able to hold a job or having to remarks, Dr. Neff attempted to dispel many of services or cutting individuals out of the sacrifice employment in order to qualify for the myths about Medicaid, and he issued a Medicaid program. Medicaid coverage for their children. strong warning against the dangers of convert- 2. Block grants give more control to states: 5. Children are a Burden on our Federally ing Medicaid funds into block-grant formulas. What block grants will really do will be to Sponsored Health Care System: For the RECORD, Mr. Speaker, I would like to eliminate federal standards and eliminate While it is true that 53% of all Medicaid submit a copy of Dr. Neff's brief remarks, in federal obligation. Children covered by Med- beneficiaries are children, it is also true that icaid should be guaranteed they will have addition to a news story published the next children consume less than 20% of Medicaid medically necessary care regardless of the expenditures and in the state of Washington day in the Seattle Post Intelligencer entitled state in which they live. Children also need children consume only 13% of Medicaid ``Medicaid cuts may threaten children.'' I be- to be assured they will have access to pedi- funds. To put it in proper context, one must lieve this perspective from the director of one atric trained providers to meet their special- consider all of the health care funds that are of the Nation's most respected children's hos- ized health care needs regardless of the state federally sponsored for adult care. This in- pitals is a valuable one, and one that can add in which they live. cludes the VA system, Medicare and 80% of greater depth to the debate here in Congress What block grants will do initiate a huge the federal portion of Medicaid. In this con- on these proposed changes. battle among states on who receives what text the total amount of public funds that portion of Medicaid funds. Currently, there are utilized for health care for children in COMMUNITY ASSESSMENT OF FEDERAL BUDGET are significant differences in the amount of this country is indeed very small. CUTS TO OUR COMMUNITIES—SUPPORT FOR funding that states receive. As an example, In reality, if Medicaid funds are developed CHILDREN AND THE ELDERLY in New York each enrollee receives $7,909; in into block grant formulas and allocated to HOW FEDERAL PROGRAM CUTS WILL HURT CHIL- Washington it is $4,279; in Texas it is $3,838 the states, there is a danger of unleashing a DREN—BY DR. JOHN NEFF, MEDICAL DIREC- (HCFA, 1994). Block grants will politicize and terrible political battle which will pit chil- TOR, CHILDREN’S HOSPITAL AND MEDICAL perpetuate these unequal distributions to dren against the elderly and disabled and CENTER, SEATTLE states. States will develop different stand- within the children’s health care system, pri- My name is John Neff and I’m medical di- ards for benefits and eligibility requirements mary care providers against those who care rector at the Children’s Hospital & Medical for Medicaid programs. Under the worst sce- for those with special needs. Such a battle Center. I have been taking care of children nario, block grants would create unfair or would be destructive to both families and as a pediatrician now for over 35 years. The uneven distribution of funds to states and providers. first six years of my career were before Med- there is the potential to create massive mi- 6. medicaid is different than Medicare and icaid was implemented and the next 29 years grations of individuals from one state to an- Private Insurance because Medicaid Recipi- were under the Medicaid legislation. I can other as they move to obtain maximum ben- ents do not Contribute to their own Health tell you from personal experience that not efits. If this occurs, some children in some Care as do individuals who receive Private only was the medical care system prior to states will receive better benefits than in Insurance Benefits or Medicare Benefits. Medicaid terrible but the institutions that others. It is true that Medicaid funding come al- cared for the poor and the elderly are either This will be particularly difficult for chil- most entirely from tax dollars and not from no longer with us or have been significantly dren as the pediatric expertise is often con- earned employment benefits. (Medicaid transformed. The old municipality run hos- centrated in regional tertiary care centers, spending accounts for 6% of the federal budg- pitals and institutions are no longer part of such as Children’s. We see children from a 4- et and may run as high as 18% of state spend- our medical care system and they were state region including Washington, Alaska, ing). To use this, however, as a reason why grossly inadequate at that time to meet the Idaho and Montana. Medicaid funds should be cut to a dispropor- needs of children. I would consider it a great 3. Medicaid Reductions can be Reached by tionately greater degree than those funds failure to have to return to those days even Improved Efficiencies: supported by employment benefits is grossly in part. This state and many other states already discriminatory against children. Children do We need to retain national standards for put in significant efforts to improve effi- not pay taxes, do not work and do not de- the health care of children. We must not go ciency. Currently, in the state of Washing- velop employment benefits. It is our public back in time and place arbitrary limits on ton, nearly 60% of all Medicaid clients are in obligation to support the uninsured portion the services that children need especially managed care and this state also covers chil- of health care benefits for children. If we do those who are unfortunate to have special dren up to 200% of the federal level of pov- not, we will not only cause untold misery on health care needs. erty. families but the long term effects of an Now let me dispel a series of myths con- There are not significant savings in im- unhealthy childhood population will be felt cerning Medicaid. proved efficiencies and further savings will for years. 1. The currently proposed reductions in cause reductions in services and decrease in Medicaid are not cuts but are caps on Medic- those covered. [From the Seattle Post Intelligencer, Sept. aid growth at a rate of 4% by 1998. It is cited 4. Medicaid is the same as Welfare: 14, 1995] that Medicaid’s annual growth rate now is Currently, in the United States, 25% of all MEDICAID CUTS MAY THREATEN CHILDREN approximately 10%: children receive their health care through In order to dispel this myth let us look at Medicaid but more important, 40% of all (By Joel Connelly) what this 10% Medicaid annual growth rate children in the United States are either cov- Congress will set off ‘‘a terrible battle’’ means. This growth represents new enrollees ered by Medicaid or have no insurance at all. that pits children against the elderly and the among children and the elderly, an expan- Forty percent of our children are not ‘‘dead infirm if it sharply curtails growth of the sion of Medicaid eligibility and services, and beats’’. The fact that 40% of the children in federal Mediciad program, three House mem- medical inflation. The actual real medical the United States have no health insurance bers were told yesterday. inflation of Medicaid is probably not more or are covered by Medicaid reflects a failure Dr. John Neff, medical director at Chil- than 5%. Given the level of poverty and the in our private health care system to ade- dren’s Hospital, warned that congressional

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E 1822 CONGRESSIONAL RECORD — Extensions of Remarks September 21, 1995 Republicans’ proposed 4 percent cap in Speaker Newt Gingrich, R-Ga., said last and difficult struggle to bring lasting peace and growth will put extreme pressure on Medic- weekend that seniors with income above justice to Northern Ireland. aid, which not only supports long-term nurs- $125,000 would pay more for Medicare, but I also ask that a statement I issued just re- ing-home care for many elderly and disabled, most people would face increases of only cently in support of the international arms de- but also furnishes health care for about 25 about $7 a month. percent of American children. But Democrats calculated that the elderly commissioning dual track approach to help ‘‘We must not go back in time to a set of will wind up paying almost $20 a month move the peace process along at this critical arbitrary limits on the services children extra by 2002 and more than $1,300 each over moment in Irish history, also be included in the need,’’ said Neff, who has spent more than 35 the next seven years. RECORD at this point. years as a pediatrician. Republicans challenged their opponents’ It is time for all sides to show guts, and He said public institutions that provided math and accused them of ignoring the $270 plenty of glory will surely follow for all those medicine to children were often terrible be- billion in savings the GOP is seeking. concerned about lasting peace for the warm fore Medicaid was established 30 years ago. But they also conceded that the Medicare House Democrat Leader Dick Gephardt of Part B premium may be as much as $10 a and generous Irish people. Missouri, in Seattle for a candidate recruit- month higher in 2002 under their plan than [From the New York Times, Sept. 21, 1995] ing and fund-raising visit, joined Reps. Jim under President Clinton’s budget—not $7, as NO GUTS, NO GLORY McDermott and Norm Dicks, both D-Wash., Gingrich said Sunday. Before Congress’ Au- (By Thomas L. Friedman) for a meeting with hospital administrators. gust recess, Republican leaders armed GOP WASHINGTON.—The lion in ‘‘The Wizard of Responding to Neff’s point, Gephardt House members with scripted ‘‘talking Oz’’ didn’t have it, but at least he knew warned that children will be the losers if points,’’ charts and instructions on how to where to get it. Nelson Mandela had it, and they must compete with elderly people and defuse public anxiety over Medicare and so did F. W. de Klerk, and they used it to nursing homes for scarce Medicaid resources. Medicaid. good effect. Yitzhak Rabin has it and so does ‘‘Elderly folks vote,’’ he said. ‘‘Children do Opinion polls have shown, however, that Yasir Arafat, although occasionally they not. Children are not heard in the political the public’s worries have not gone away. lose it and need help finding it again. It’s system.’’ Democrats have vowed to fiercely defend called ‘‘courage,’’ and unfortunately none of The Democrats heard from hospital offi- programs seen as cornerstones of John F. the key players in the Northern Ireland con- cials as Republicans in Washington, D.C., Kennedy’s New Frontier and Lyndon John- flict have it right now. prepared to unveil details of their proposed son’s Great Society. ‘‘People’s quality of life Gerry Adams of Sinn Fein doesn’t have it, cost controls in Medicaid and Medicare, has gone up. It has gone up because of Medi- the British Prime Minister John Major, cer- which provides medical care for senior citi- care and Medicaid,’’ Gephardt said yester- tainly doesn’t have it and the Protestant zens. day. ‘‘We must not take large steps back leader David Trimble wouldn’t know it if it ‘‘By the year 2000, my hospital would be into history where we don’t want to go.’’ underfunded annually by $125 million,’’ said He noted that there are four major teach- were pinned to his chest. And that’s why 13 Nancy Giunto, administrator of Providence ing hospitals in the Seattle area, responsible months after the cease-fire took effect in Seattle Medical Center. The hospital re- for medical education over a four-state area. Northern Ireland, the parties still have not ceives 62 percent of its income from Medi- ‘‘The federal government is providing a re- begun peace talks to bring a permanent end care and Medicaid. search service that the private sector cannot to the fighting. The sticking point has been the British- Rogelio Riojas, chief executive of Sea Mar and will not afford,’’ he added. Community Health Centers, warned that The issue gets personal for Gephardt. At Protestant refusal to sit down for peace cuts will deny regular medical services to age 18 months, his son was diagnosed at a St. talks with Sinn Fein—the I.R.A.’s political low-income families. Louis hospital with a cancerous tumor and wing—until the Catholic gunmen of the ‘‘The poor will simply wait until they are given no chance to live. I.R.A. first surrender some weapons. more and more ill, and then they will go to ‘‘A young resident approached us the next This is poppycock and nothing more than a the emergency wards of hospitals,’’ said morning,’’ he recalled. ‘‘He had been running pretext by Mr. Major to disguise his ambiva- Riojas, who added that emergency care is far the case through the computer, and noted lence about entering into negotiations with more costly than preventive care. that a program of triple-drug chemotherapy the I.R.A. at all. If the I.R.A. had tanks, mis- The Democratic congressmen were able to and radiation had been developed in Hous- siles and MIG–29’s, there might be some stra- offer little reassurance to those who met ton. He encouraged us to try it. tegic merit to the British insistence that it with them at Harborview Hospital. ‘‘Matt is now 24 years old. I left him off turn in some weapons first. But the I.R.A. Republicans want to save $270 billion by yesterday at Northwestern University in arsenal consists almost exclusively of hand- 2002 by scaling back the growth rate of Medi- Chicago to continue his education. I rest my guns, knives, flaming bottles and some care to between 6 percent and 7 percent. case.’’ plastique explosives. They could turn them all in tomorrow and replenish most of their They’re aiming to realize $180 billion more f by slashing Medicaid’s growth rate to 4 per- arsenal the next day with a Guns & Ammo cent. TIME FOR COURAGE AND MOVE- mailorder catalogue and a visit to the local hardware store. The I.R.A invented the fer- The two federal health care programs have MENT ON NORTHERN IRELAND been growing at an annual rate of about 10 tilizer bomb. percent. Half the growth has come from ris- PEACE PROCESS The issue is not how to deprive the I.R.A. ing medical costs. The other half is because of their military capabilities, which are end- of sharp increases in enrollment. HON. BENJAMIN A. GILMAN lessly replenishable. The issue is how to change their intentions to resort to violence. Neff said the cuts will leave Medicare and OF NEW YORK Medicaid with three options: decrease the The only hope of doing that is through all- IN THE HOUSE OF REPRESENTATIVES number of new enrollees; eliminate some party peace talks. (If Israel could talk to the people already enrolled, particularly in Med- Thursday, September 21, 1995 P.L.O. without insisting it disarm, the Brit- ish can talk to the I.R.A.) icaid; or cut services. Mr. GILMAN. Mr. Speaker, Thomas L. He predicted the country will see ‘‘a low- A perfectly reasonable compromise is on grade, continuous erosion of services’’ if the Friedman of the New York Times on Septem- the table: an international commission funding is held to levels in the GOP’s budget ber 20, 1995 wrote a very provocative and im- would be formed, parallel with the start of plans. portant piece on the current stalemate in the peace talks, that would bring British, Larry Zakn of Harborview Hospital said peace process in the north of Ireland. Protestant and I.R.A. representatives to- the effects of the GOP budget proposals His work ``No Guts, No Glory'' is a challenge gether to discuss how weapons might be ‘‘de- would be felt in such places as his hospital’s to all sides and interested governments, in- commissioned’’ as part of a final peace deal. renowned trauma care program. cluding our own, not to let the extraordinary This international commission could, in ef- ‘‘There’s no way I can see that we would fect, disconnect and isolate the weapons ever maintain these levels of service if we opportunity, which the current peace process issue from the peace negotiations, while giv- had these levels of funding,’’ he said. presents for lasting peace and justice in North- ing everyone a sense that as progress was Harborview stands to lose as much as $185 ern Ireland slip away. made around the peace table, there would million in Medicaid and Medicare funding Mr. Friedman constructively reviews the dif- also be progress toward all sides surrender- over the next seven years under the GOP pro- ficult arms decommissioning issue, and sup- ing some weapons. Unfortunately the British posals. Medicaid pays 48 percent of its pa- ports the proposal for an international commis- have balked even at this idea, because they tients’ bills, one of the highest figures for sion to handle that difficult question which cur- want to reserve the right to demand that the any hospital in the country. Harborview has rently has stalled the peace process for I.R.A. hand over some weapons even before a tradition of caring for all people regardless convening all-party talks. of their ability to pay. months. But John Major is not the only one who Republicans are holding off releasing de- I ask that the piece by Mr. Friedman be re- has gone wobbly. Gerry Adams is now also tails on their proposal until week’s end. Al- printed at this point in the RECORD for the ben- resisting the idea of an international com- ready, however, a partisan battle over num- efit of my colleagues, and all those interested, mission on weapons, because he wants to be bers has broken out on Capitol Hill. House and charged with finding solutions in the long assured that such a commission won’t, at September 21, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1823 some stage, ask it to make a symbolic ges- SUPPORTING THE FOURTH WORLD Habian, a member of the organization, re- ture in retiring some guns before negotia- CONFERENCE ON WOMEN (BEIJING) cently brought to my attention the fact that the tions really get under way. Cleveland Great Books group is celebrating its This too is cowardly. No international 50th anniversary. The organization boasts commission (which the U.S. would likely HON. LUCILLE ROYBAL-ALLARD run) is going to ask the I.R.A. to make any OF CALIFORNIA members throughout the Greater Cleveland gestures on arms until there is parallel IN THE HOUSE OF REPRESENTATIVES area. I rise today to share with my colleagues and the Nation some information regarding the progress at the peace table. If the I.R.A. had Thursday, September 21, 1995 any vision or leadership right now it would Great Books group. quietly tip off the British to a small pile of Ms. ROYBAL-ALLARD. Mr. Speaker, the It is believed that the formation of discus- I.R.A. explosives somewhere. Such unilateral United Nations Fourth World Conference on sion groups for the purpose of reviewing the handover would ease British concerns, with- Women was an opportunity for delegates from Great Books was started after World War I by out costing the I.R.A. a thing. over 180 countries to take a step toward John Erskine. In 1927, Mortimer Adler President Clinton, who helped engineer the granting women equal rights in all aspects of launched 15 adult education courses in New cease-fire, seems to have lost interest and life. York City to discuss the Great Books. A few fallen asleep at the wheel. Fortunately, the One of the major points made at the con- Prime Ministers of Britain and Ireland are years later, in 1930, Robert Hutchins joined meeting Friday in another attempt to break ference was the importance of promoting pro- Mr. Adler in introducing Great Books seminars the deadlock. The fact that the cease-fire in grams which lead to women's economic and into the undergraduate curriculum at the Uni- Northern Ireland has lasted for more than a political empowerment. versity of Chicago. Soon, across the United year should tell them something. It should Our world today, is comprised of women States, ordinary laymen with a love for lit- tell them that the people want this new way who are breaking new ground in industry and erature began to form and lead Great Books of life to be permanent and they have given the professions, and who are becoming inte- seminars in their local communities. the politicians a silent mandate to make it gral members of labor forces everywhere. The first meeting of the Cleveland Great so. But instead of listening to the silence, The conference created an environment Books group was held in 1946 at the East the politicians are listening only to them- where new understandings of women's roles selves. Cleveland Public Library. It is interesting to This isn’t complicated. It’s time for the in the workplace and in government were ex- note that the first group gathered for a candid British and the Protestants to start all-party amined along with the difficulties that women discussion of the Declaration of Independ- talks with Sinn Fein, and for all three to ac- continue to encounter throughout the world, ence. In the following years, the group contin- cept an international commission that could such as the inability to own land, the inacces- ued to examine topics that were popular in defuse the weapons issue until there is sibility of business loans, and the lack of child American society, as well as in literature. In progress at the peace table. But that sort of care. 1972, the Great Books group moved its meet- simplicity takes some courage. Sad to say The diversity of the delegates experiences ing site to the Noble Road Library in Cleve- that among British, Protestant and I.R.A. and backgrounds raised the world's level of land Heights. The group discussions have fo- leaders right now there is no one who an- consciousness about women's plight world- cused on the philosophy of Plato; the epics of swers to that name. wide and provided humanity with a greater un- Homer; and the drama of William Shake- [From the House International Relations derstanding of the economic and political con- speare, just to name a few. Committee, Sept. 13, 1995] dition of women. Mr. Speaker, I am proud to report that GILMAN URGES IMMEDIATE ALL PARTY TALKS Through free discussion and open debate, today, more than 400 Great Books groups ON NORTHERN IRELAND: SUPPORTS SEPA- the delegates came forward with rec- meet in libraries across America. The discus- RATE COMMISSION TO ADDRESS ARMS ISSUE ommendations promoting women's rights and sions provide insight into the personal, moral, (By Benjamin A. Gilman) equality for our world's governments to con- social, political, and economic problems of WASHINGTON.—Committee Chairman Ben- sider. mankind. I am also pleased to note that over jamin A Gilman (20th-NY) today called for The challenge for governments and policy- the years, Great Books programs have helped ‘‘immediate all party talks’’ on peace in makers throughout the world will now be to Northern Ireland, and suggested that the to build a strong and lasting relationship be- issue of arms decommissioning be addressed turn these recommendations into policies and tween our libraries and communities. With the by an international commission on a sepa- laws that help insure that the women of today dawn of Great Books groups, citizens realize rate track. and our daughters and sisters of tomorrow will that their libraries can provide dynamic plat- Gilman spoke out following meeting with have the opportunity to realize their full poten- forms for public discussions of historical and Sinn Fein President Gerry Adams in which tial, free from oppression and discrimination. popular literary pieces. the status of the peace process was dis- f Mr. Speaker, on September 19, 1995, the cussed. Cleveland Great Books group will begin its ‘‘Efforts by the British government to dic- PERSONAL EXPLANATION 50th consecutive year. The candid discussions tate preconditions or outcomes prior to talks merely obstructs access to the only means of and seminars continue to arouse the interest finding a consensus political solution in Ire- HON. JENNIFER DUNN of citizens throughout the community. I am land, namely the peace negotiating table,’’ OF WASHINGTON proud to applaud Ray Habian and the entire Gilman said. IN THE HOUSE OF REPRESENTATIVES membership of the Great Books group. As Noting that arms decommissioning has Thursday, September 21, 1995 they celebrate this historic anniversary, I wish long been a stumbling block to peace talks, members of the Great Books group many Gilman said ‘‘a separate track is needed for Ms. DUNN of Washington. Mr. Speaker, on more years of success. this issue that could be in the form of an September 7, I was present in the House f international commission whose findings Chamber during the vote on final passage of would be binding, however, such a commis- H.R. 2126, the fiscal year 1996 Department of PROVIDING FOR THE ADMINISTRA- sion should not become yet another pre- Defense appropriations bill. I along with other TION OF CERTAIN PRESIDIO condition to talks.’’ Members, were not properly recorded as hav- PROPERTIES Gilman warned that ‘‘these past 13 months ing cast our vote on Rollcall No. 646. I re- of peace have been a window of opportunity SPEECH OF to achieve a just and lasting peace after a spectfully request that the official record indi- quarter century of violence and bloodshed. cate I voted ``aye'' in support of passage of HON. ANNA G. ESHOO We must not allow this window to be shut the bill. OF CALIFORNIA against those who are earnestly seeking f IN THE HOUSE OF REPRESENTATIVES peace.’’ Long a champion of peace and justice in A SPECIAL SALUTE TO ‘‘GREAT Tuesday, September 19, 1995 Northern Ireland, Gilman this year led the BOOKS’’ ANNIVERSARY Ms. ESHOO. Mr. Speaker, H.R. 1296 is a Committee’s first hearings on the Macbride good government approach to management of fair employment principles, and saw their in- HON. LOUIS STOKES the Presidio within the National Park System. clusion in the House-passed foreign affairs No other park possesses the unique com- bill as part of the U.S. contribution to the OF OHIO bination of resources and real estate as the International Fund for Ireland. IN THE HOUSE OF REPRESENTATIVES Presidio. Because of this unusual combination, The Macbride principles are aimed at end- Thursday, September 21, 1995 ing systemic job discrimination, most often the Presidio lends itself to a management aimed at the Catholic community in North- Mr. STOKES. Mr. Speaker, I rise today to structure outside the realm of traditional oper- ern Ireland. salute the Great Books group. Mr. Ray ation of our national parks. E 1824 CONGRESSIONAL RECORD — Extensions of Remarks September 21, 1995 That is why I strongly support H.R. 1296, THE NEED FOR EQUAL OPPOR- Consider all means by which higher edu- which would create a Presidio trust. This TUNITY IN HIGHER EDUCATION cation conducted in the Albanian language model would preserve park resources while al- IN THE FORMER YUGOSLAV RE- can be provided, including the possible estab- lowing the Presidio's properties to be used to PUBLIC OF MACEDONIA lishment of an Albanian language university; generate revenues which could, in turn, be Ensure the establishment of Albanian lan- used to operate the Presidio. While this model HON. BENJAMIN A. GILMAN guage pedagogical facilities at existing univer- might not work for other national parks, it is a OF NEW YORK sities, and; practical approach for the vast and unique IN THE HOUSE OF REPRESENTATIVES Provide pardons for those convicted of properties which comprise the Presidio. charges relating to the events that accom- Thursday, September 21, 1995 panied attempts to open an Albanian language Mr. Speaker, it makes sense for us to pur- Mr. GILMAN. Mr. Speaker, one of the most university at Tetovo in February 1995. sue this type of managementÐit's cost-effec- difficult challenges facing the fledging demo- The Resolution also calls on the President tive and addresses the monumental challenge cratic governments of Eastern Europe involves of the United States to: of how to make the best public use of this learning to treat equally and fairly all of their Express our country's strong support for unique and historically significant land. citizensÐregardless of ethnic backgroundÐin Macedonian efforts to ensure access to higher We should give H.R. 1296 a chance and I the areas of rights and opportunities. Unfortu- education conducted in the Albanian lan- nately, some of those governments are still urge my colleagues to vote for its passage. guage; seeking to treat their citizens from minority Offer appropriate support for those inter- f ethnic groups in traditionally nationalistic and national organizations that are working to re- counterproductive ways. Rather than working solve the issue of higher education in the Al- SUPPORTING A DISPUTE to ensure that all citizens are treated equally, banian language in Macedonia, and; RESOLUTION IN CYPRUS they seek to limit the rights and opportunities Offer appropriate support for efforts by the of those citizens who do not belong to the ma- Government of Macedonia to ensure access jority ethnic group. to higher education conducted in the Albanian SPEECH OF In the Balkans region of Eastern Europe, language, including assistance for establishing the manner in which ethnic minorities are necessary curricula and provision of textbooks HON. RICHARD BURR treated is crucial to the peace of that region. and related course materials. OF NORTH CAROLINA If further violence and repression are to be Mr. Speaker, I want to strongly encourage avoided in the successor states to the former my colleagues to join in cosponsoring this IN THE HOUSE OF REPRESENTATIVES Yugoslavia, each of those states needs to timely and important measure. Monday, September 18, 1995 take meaningful steps to ensure that all of f their citizens are accorded equal opportunities Mr. BURR. Mr. Speaker, I am proud to co- and rights in areas such as education that are SALUTE TO E. JUNE HEITMAN sponsor and support House Concurrent Reso- necessary to ensure democracy and inter-eth- lution 42, a measure to end the longstanding nic peace. HON. GREG GANSKE dispute regarding Cyprus. Over 20 years ago, Mr. Speaker, the former Yugoslav Republic OF IOWA the Turkish army invaded the island of Cyprus, of Macedonia has been blessed by peace IN THE HOUSE OF REPRESENTATIVES since it gained its independence in 1991. seizing over 30 percent of the island's land Thursday, September 21, 1995 and approximately 70 percent of the island's There are troubling signs, however, that the wealth. This action caused more than 200,000 Government of Macedonia is not taking suffi- Mr. GANSKE. Mr. Speaker, I would like to Cypriots to be driven from their homes and cient steps to ensure that those of its citizens bring your attention to the fine work and out- made them refugees in their own country. from its considerable Albanian minority are standing public service of E. June Heitman provided with adequate opportunities for high- and her fellow nurses serving in the U.S. Today, Turkey continues to maintain a force er education in the Albanian language. The Cadet Nurse Corps during and after World of over 35,000 troops on the island of Cyprus. most worrisome consequence of this lack of War II. Although this force was only supposed to stay educational opportunity is an increasing re- The 27 nurses who graduated from the Jen- to protect the Turkish-Cypriot minority for a sentment toward that government among nie Edmunson Memorial Hospital School of short time, we are now beginning the third many of its ethnic Albanian citizens. Their Nursing Class in September 1944 served the decade of Turkish occupation. This has led frustration has led some ethnic Albanian citi- United States by caring for wounded soldiers some observers to call this area one of the zens to attempt to open an Albanian-language returning from Europe as part of the U.S. most highly militarized areas of the world. university to ensure that opportunities for pro- Cadet Nurse Corps. The graduates were given assignments in Iowa, Maryland, Missouri, and Last year, in an effort to break this dead- fessional education are readily available to Nebraska. lock, Cypriot President Glafcos Clerides of- those who have been raised and educated in Albanian at the secondary school level. June and some nursing school roommates, fered to totally demilitarize the island by dis- In February of this year, a renewed attempt Doris Cochran Kerber and Stella Wisner mantling his army with the understanding the to open such a university of Tetovo, Macedo- Scheel, were given a 3-month assignment at Turkish army would withdraw and work toward nia led to a violent clash between ethnic Alba- Schick General Hospital in Clinton, IA, to as- an agreement to unify the island and bring nians and Macedonian police. Tragically, one sist with wounded soldiers. about a peaceful resolution to this longstand- individual lost his life and 28 others were Professional military nursing has been an in- ing and difficult problem. President Clerides' wounded in that violent incident. valuable service to the military throughout plan has received widespread support and Mr. Speaker, I believe all of us want to see American history. Gen. George Washington international acclaim. The United Nations and the former Yugoslav Republic of Macedonia requested the congressional establishment of the European Union have already stated their and, in fact, all of the Southern Balkans avoid nurses to care for sick soldiers and an Army support for this plan and I am glad to see the the kind of ethnic violence that has wracked general hospital in 1775. Florence Nightin- House of Representatives join in this effort. the Northern Balkans for 4 years now. We gale's crusade in Crimea in 1854 reduced the This resolution is a balanced, fair, and bi- need to encourage the Government of Mac- mortality rate of sick and wounded soldiers partisan effort to support a peaceful resolution edonia to constructively address the issue of from 42 percent to 2 percent within 1 year. fair opportunities for higher education in the On June 15, 1943, in response to the critical to the problem in Cyprus and to bring peace language of its Albanian minority. I am there- shortage of nurses for the military and for civil- and stability to the eastern Mediterranean. I fore introducing today House Congressional ian health, the Bolton Act was approved and am proud to rise in support of this measure. Resolution 103, a resolution that focuses spe- the U.S. Cadet Nurse Corps was created. This It is in the best interest of the people of Cy- cifically on Macedonia and on the issue of Act provided Government funds to train nurses prus, the people of the eastern Mediterranean, proper access to higher education in that for civilian and military hospitals. and the people of the United States. I urge a country. This resolution calls on the Govern- Demand for nurses was quickly exceeding ``yes'' vote on House Concurrent Resolution ment of Macedonia to: the supply. The training period for nurses was 42. Ensure the fair and equitable treatment of 24 to 30 months, far longer than the training all of its citizens, regardless of ethnic back- period for many of the other women's ground; branches of the armed services. Cadet nurses September 21, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1825 enrolled in an accelerated nursing program sus committee or office be created which greater design flexibility for manufactured that prepared them to replace graduate nurses would oversee the industry in a more efficient, homes; and going overseas. less bureaucratic manner. I believe it is time to Whereas, This regulatory barrier prevents innovative uses of manufactured homes to The Jennie Edmunson Memorial Hospital create such an entity. meet the demand for affordable housing in Class of 1944 is part of this honorable tradi- A new manufactured housing committee or California; and tion of nursing service. As we remember the office created outside of HUD, would be com- Whereas, This regulatory barrier prevents end of World War II, please join me in rec- prised mostly of representatives of the indus- manufactured home producers from develop- ognizing June Heitman and all of the hard- try, but could include local authorities and a ing a recycling program for chassis systems working members of the U.S. Cadet Nurse consumer watchdog. The Secretary or Hous- which could save consumers between $1,000 Corps for their devotion, patriotism, and serv- ing Administrator, could appoint one commit- and $2,000 per home; now, therefore, be it ice to the United States. tee member to serve as his liaison who would Resolved by the Assembly and Senate of the shuttle regulatory recommendations back and State of California, jointly, That the Legisla- f ture of the State of California respectfully forth between the Housing Administrator and memorializes the President and the Congress MANUFACTURED HOUSING the industry. Current Federal uniform building of the United States to amend the definition codes and its enforcement program would be of ‘‘manufactured home’’ in federal law to HON. ELTON GALLEGLY maintained but the committee would be em- allow such homes to be designed to accom- OF CALIFORNIA powered to contract with a private organization modate a removable chassis, so long as the home is intended to be permanently sited on IN THE HOUSE OF REPRESENTATIVES to be its code enforcement authority and it would continue the current practice of impos- a foundation and so long as the floor system Thursday, September 21, 1995 ing fees on the industry membership in order is designed to accommodate appropriate de- sign loads; and be it further Mr. GALLEGLY. Mr. Speaker, earlier this to fund the committee's operation and its out- Resolved, That the Chief Clerk of the As- year, President Clinton and HUD Secretary side contracts. sembly transmit copies of this resolution to Cisneros announced on new program to help Finally, any legislation creating such a new the President and Vice President of the Unit- thousands of families realize the American system should remove unnecessary restric- ed States, to the Speaker of the House of dream of homeownership. tions, such as the permanent chassis require- Representatives, to each Senator and Rep- Calling on all national housing-related orga- ment, which would help lower the cost of pro- resentative from California in the Congress nizations to form a partnership for this national ducing these homes. In fact, recent action of the United States, and to each member of homeownership strategy, the President set a taken by the California State Assembly called the House Committee on Banking, Housing, and Financial Services, the Senate Commit- goal of creating 8 million additional American on the Congress to take just such action on tee on Banking and Urban Affairs, and the homeowners over the next 5 years. The ac- the chassis issue. I am enclosing a copy of House and Senate appropriations sub- complishment of this goal will have dramatic the joint resolution passed by the State legis- committees on HUD/VA and independent effects on those young families setting out on lature. agencies. the quest for the American dream, will stimu- ASSEMBLY JOINT RESOLUTION NO. 7— Mr. Speaker, if we as a Nation are going to late the real estate and home building indus- RELATIVE TO MANUFACTURED HOUSING succeed in this new strategy to help thou- tries, and will strengthen the economy through LEGISLATIVE COUNSEL’S DIGEST sands a Americans realize their dream of the ripple effect on the secondary and tertiary AJR 7, Hauser. Manufactured housing. homeownership, the manufactured housing in- industries which rely on homebuilding and re- This measure would memorialize the Presi- dent and the Congress of the United States dustry must play an important role in providing sale. quality homes at an affordable price. To start One of the industries which can play a to amend the definition of ‘‘manufactured home’’ in federal law to allow these homes to this process, the industry must be removed major role in the achievement of the Presi- be designed to accommodate a removable from the regulatory burdens placed on its op- dent's goal is the manufactured housing indus- chassis, so long as the home is intended to be eration by a Federal bureaucracy which cares try. Last year, more than 300,000 homes sold permanently sited on a foundation and so little for the industry and shows no interest in in the United States were manufactured long as the floor system is designed to ac- an efficient system of regulation and enforce- homes. As younger families come into the commodate appropriate design loads. ment. market for a home, and as the population in Whereas, Manufactured homes constructed f this Nation ages, and shifts to retirement com- pursuant to the National Manufactured Housing Construction and Safety Standards munities, manufactured housing will become Act provided an important source of ARCHBISHOP IAKOVOS HONORED the preferred housing for thousands of citizens nonsubsidized affordable housing to Califor- looking for quality housing at an affordable nians; and HON. CAROLYN B. MALONEY Whereas, The State of California is a na- price. OF NEW YORK The ability of the manufactured housing in- tional leader in efforts to encourage and ex- IN THE HOUSE OF REPRESENTATIVES dustry to continue to provide quality, afford- pand the use of manufactured housing by able housing will depend most directly on the eliminating unnecessary regulatory barriers Thursday, September 21, 1995 and by developing and encouraging innova- industries ability to loosen the regulatory stran- tive land use and financing policies; and Mrs. MALONEY. Mr. Speaker, I rise to pay glehold currently imposed by the Department Whereas, The State of California has tribute to one of the most outstanding religious of HUD. deemed manufactured homes a permitted use leaders in the world, Archbishop Geron Over the last 20 years, the manufactured in all residential zoning districts, subject to Iakovos. Head of the Greek Orthodox Church housing industry has evolved from one provid- the same development standards applicable of the Western Hemisphere, Archbishop ing a temporary, mobile dwelling to a sophisti- to other dwellings in that zoning district; Iakovos is retiring after 36 years of distin- cated, highly efficient producer of permanent and Whereas, Construction and safety stand- guished service as a spiritual leader and fight- housing. Unfortunately, the regulatory appara- ards for manufactured homes are established er for worldwide justice. tus ensconced within HUD has not kept up in federal law and regulation and all such Archbishop Iakovos, born Geron Iakovos in with the changing industry on a timely basis. standards preempt local and state codes; and Istanbul, Turkey, was ordained a priest in It is time for a change. Whereas, The federal Manufactured Home Lowell, MA, in 1940. He is a graduate of the As the Congress contemplates the overall Construction and Safety Standards have Harvard University Divinity School. In 1959 he future of HUD, certain small steps could be been determined by the State of California ascended to the leadership of the Greek Or- taken now to reinvent the oversight of Federal to meet or exceed performance standards es- thodox Church in the Western Hemisphere. tablished for other dwellings; and housing programs. Since the manufactured Whereas, Federal law requires every feder- He has been at the forefront of the worldwide housing industry received no Federal funds, ally certified manufactured home to be con- ecumenical as well as the civil rights move- the issue is how to recreate a regulatory body structed on a chassis which must remain a ment. which would regulate and enforce manufac- permanent feature of the home’s sub- In 1959 he met with Pope John XXIII, thus tured housing codes and regulations while structure; and becoming the first Greek Orthodox Leader in maintaining some oversight by HUD or what- Whereas, The chassis is not necessary for almost 400 years to meet with a Roman ever new housing agency would be created. the home’s structural integrity if the home Catholic Pope. He also served as copresident is sited on a permanent foundation and the Three years ago, the Congress created a home’s floor system is designed to accommo- of the World Council of Churches for 9 years. Commission which was tasked to look into the date appropriate design loads; and As an outspoken religious leader against industry and make recommendations. The Whereas, This mandatory feature rep- segregation in the United States, he marched Commission did propose that a new consen- resents an unnecessary regulatory barrier to with the Reverend Martin Luther King, Jr. in E 1826 CONGRESSIONAL RECORD — Extensions of Remarks September 21, 1995 Selma, AL. He has continually fought for the I have listened to all of these concerns and choice of taking time-and-a-half compensatory independence of Cyprus, preservation of brought them back to Washington. In fact, I time as payment for overtime. In 1938, the Greece, and enhanced United States-Greek applaud the leadership for giving Members an Fair Labor Standards Act [FLSA] was written relations. He was awarded the Presidential opportunity to testify on behalf of our constitu- for a predominantly male work force and a Medal of Freedom in 1980 by President ents. I was pleased to have that opportunity, marketplace primarily comprised of manufac- Jimmy Carter. He is a magnificent and stal- and testified on September 7, on what I have turing firms. These demographics have dra- wart friend of American Jewry, voiced support learned from the people of the 11th Congres- matically changed. Today, women make up a for Soviet Jews, and has been a strong advo- sional District. One constant theme was that much greater percentage of the work force, cate for Israel. the people know there is a problem, and they private enterprise is dominated by service and This extraordinary spiritual and religious want to be part of the solution. If we do not high technology industries rather than heavy leader has been a very sensitive pastor at give them that opportunity, Mr. Speaker, then manufacturing, global competition has signifi- every level. His warm pastoral dimension ex- we have really solved nothing at all. cantly increased, and the lines between white presses itself to not only his own people, but To be sure, I will continue this thoughtful and blue collar workers have been blurred. to people of all religions, cultures, and nation- and important discussion and listen to these The FLSA, however, has failed to keep alities. Beyond fulfilling his duties to the very knowledgeable people. Last week, when pace with these changes and, as such, re- Church, he has been a leader in the cause of the preliminary Medicare preservation options stricts the ability of employers to meet the justice in America and all over the world. I were presented to us, I called for a series of needs of their work force. The Subcommittee know all of my colleagues join with me in town meetings so that my constituents could on Workforce Protections, which I chair, has wishing this extraordinary individual the very share the exact information given to me on heard from employees and employers of large best in his retirement. possible solutions and plans to strengthen and small companies, and State and local f Medicare. I am sure they will take a hard look governments on a variety of problems which at these options, and will continue to provide they face because of the act. THE MEDICARE PRESERVATION guidance for me and this Congress as we ful- Currently, the FLSA impedes an employer's ACT OF 1995 fill our responsibility to preserve Medicare for ability to accommodate employee requests for all AmericansÐpresent beneficiaries as well greater flexibility in scheduling. Companies HON. RODNEY P. FRELINGHUYSEN as the next generation. The Medicare Preser- who want to be family friendly find that flexible OF NEW JERSEY vation Act is just that, a comprehensive plan scheduling can be extremely difficult for those IN THE HOUSE OF REPRESENTATIVES to ensure a better Medicare. employees who are covered by the act and whose hours must be kept track of. Suppose Thursday, September 21, 1995 On September 16, hundreds of older Ameri- cans attended two town meetings in Fairfield an employee has a terminally ill parent who Mr. FRELINGHUYSEN. Mr. Speaker, I rise and Parsippany, and listened to the broad out- lives several States away. Days off with pay today to discuss the Medicare crisis to share line of the proposed Medicare Preservation can become precious for that employee when with my colleagues the suggestions I have re- Act. I expect that the turnout will be even a 2-day weekend does not provide enough ceived from my constituents about how best to heavier this weekend, September 23, when time to travel and spend time with that parent. preserve, protect, and strengthen Medicare. we continue the Medicare discussions at town Thus, when that employee works a few hours In April, when the Medicare trustees issued meetings in Roxbury and Madison. overtime each week, he or she may prefer to their annual report which stated quite clearly I welcome this open exchange of ideas and be paid with time off rather than money. How- that the Medicare Trust Fund would be bank- encourage my colleagues to continue the dia- ever, the FLSA says the employee must re- rupt in 7 years, I felt it was my duty to inform logue with the American people on how to ceive money instead and is therefore forced to the people of the 11th Congressional District save this important program. While it is very use previous paid leave to spend time with the of the problem. easy to be sidetracked in Washington by spe- ill parent. I mailed the facts of the trustees report to cial interest groups, media hype, and partisan In 1985, Congress provided the public sec- over 22,000 people in my district. I met with politics, listening to people on a face-to-face tor with the flexibility to use compensatory the presidents of nearly every senior citizens level permits a much clearer message to time in lieu of overtime pay. Congress has club in the area. I listened to thousands of emerge. gone even further in providing flexibility for Medicare beneficiaries at Morristown Memorial Mr. Speaker, the message that I hear more Federal workers. In 1978, Congress passed Hospital, the Morris Plains VFW, and at St. and more is that we know there is a problem the Federal Employees Flexible and Com- Clare's Riverside Medical Center in Denville. and we are willing to fix it. They have said that pressed Work Schedules Act, which enabled In addition to discussing the Medicare crisis, I Medicare is indeed important for us but is also Federal workers to arrange alternative work also asked people for suggestions on how we important for our children and grandchildren. schedules which meet their personal needs could save and improve the program, while And finally, they tell me that if Medicare is and their employers' needs. This was so suc- holding down costs. really going bankrupt, then we as Members of cessful that Congress reauthorized the pro- Mr. Speaker, the response has been over- Congress have a responsibility to save it. gram in 1982 and 1985. President Clinton ac- whelming. Who better to suggest ways to im- I have confidence that we are moving to- knowledged the benefit of flexible scheduling prove Medicare than the very people who ward fulfilling that responsibility, and I thank when he directed all executive departments have to deal with the system every day? As the thousands of people in the 11th Congres- and agencies to expand their use of flexible you might imagine, the meetings yielded a lit- sional District for their guidance on these very family friendly work arrangements in a memo- any of suggestions. A man from Sparta sug- complex issues. Their willingness, contribu- randum on July 11, 1994. In issuing the gested that Medicare should have a better tions, and suggestions will assure successful memorandum, Mr. Clinton stated, ``broad use verification system to weed out overcharges reforms of the Medicare program and its pres- of flexible work arrangements to enable Fed- and duplication of services rendered. A couple ervation. I am fortunate to be their Represent- eral employees to better balance their work from Livingston strongly suggested that mil- ative, and am also fortunate to help deliver a and family responsibilities can increase em- lions of dollars could be saved by reducing the comprehensive plan which will ensure a better ployee effectiveness and job satisfaction, while mountains of paperwork involved in the Medi- Medicare system for years to come. decreasing turnover rates and absenteeism.'' care bureaucracy. f It is time that private sector employees be The responses touched on other subjects as given greater flexibility similar to what the pub- well. At the Morris Plains VFW, several people THE COMPENSATORY TIME FOR lic sector has enjoyed for some time. This leg- indicated that more preventive care was need- ALL WORKERS ACT OF 1995 islation would allow employers to offer employ- ed such as mammograms, prostate ees compensatory time off in lieu of overtime screenings, and diabetes screening. I agree. HON. CASS BALLENGER pay under an agreement with the employee. If This would not only help reduce costs but OF NORTH CAROLINA an employer made compensatory time avail- greatly improve people's health and I was sur- IN THE HOUSE OF REPRESENTATIVES able, employees would be free to choose to prised that the current Medicare program was have their overtime compensated with cash or weak in this area. If we can keep people Thursday, September 21, 1995 with paid time off. As with overtime pay, the healthier and provide routine health care and Mr. BALLENGER. Mr. Speaker, today I am compensatory time would accrue at a rate of appropriate checkups, we can avoid using the introducing ``The Compensatory Time for All time and a half. Employees who prefer to re- most costly method of health care which is the Workers Act of 1995'' which would allow pri- ceive overtime pay would be free to choose emergency room. vate sector employers to offer employees the this. Similarly, employers would have the September 21, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1827 choice of continuing to compensate their em- SALUTING THE ALLIANCE OF the founder and director of the Area Agency ployees with overtime pay only. Employees POLES OF AMERICA on Aging of Western Michigan. His work and who do not use the compensatory time would dedication have been superb over the years. be paid for the time at the end of the year. HON. LOUIS STOKES He will be sorely missed by our community The FLSA currently stands in the way of OF OHIO and the people he has come in contact with. companies who attempt to utilize flexible IN THE HOUSE OF REPRESENTATIVES A native of Pittsburgh, PA, Larry attended elementary and high school there. He went on human resource strategies in order to allow Thursday, September 21, 1995 workers to pursue more fulfilling combinations to graduate from Duquesne University in his of work, family life, and other interests. As the Mr. STOKES. Mr. Speaker, I rise today to hometown. In 1939, Larry began his profes- percentage of employees who must balance salute an organization in my congressional sional career as a sales trainee for the United work and family issues grows rapidly, there is district which will celebrate its centennial anni- States Gypsum Co. After learning the ropes of more and more pressure from employees for versary. During the period of September 23 to the industry, he rose quickly through the ranks increased control over their work schedule. 24, 1995, the Alliance of Poles of America will and eventually became the company's na- Flexibility in the workplace continues to rank mark 100 proud years of existence. Since its tional sales manager of insulation products. high on the list of issues of major concern to founding in 1895, the organization has been Three years after he began his first job, Larry most employees. This legislation would allow an integral part of the Cleveland community. enlisted in the U.S. Army to serve his country employers to provide employees with the The Alliance of Poles of America was found- during World War II. Four years after enlisting choice of overtime pay or compensatory time ed for the purpose of uniting citizens of Polish Larry was honorably discharged, and he re- to help ease the burdens of juggling work and descent and, by doing so, maintaining impor- turned to his job with the United States Gyp- personal responsibilities. tant traditions and ties. It is an organization sum Co. He remained with the company and which has proven to be extremely beneficial to f began his association with Grand Rapids, MI. both American Poles and Polish immigrants. Larry remained involved in the gypsum in- HOLY TRINITY CHURCH Under the leadership of its national president, dustry for another 14 years, working as a John Borkowski, the Alliance of Poles has fos- sales manager for the Grand Rapids Gypsum tered educational and social programs to Co. Midway through his tenure with the com- HON. PAUL E. KANJORSKI serve its membership. pany Larry was appointed as vice president of OF PENNSYLVANIA Mr. Speaker, the alliance offers low-cost sales and marketing. As vice president, he IN THE HOUSE OF REPRESENTATIVES home mortgage loans; its credit union pro- oversaw all phases of the marketing program vides auto and personal loans; and the organi- including prices, policies, and profits. In 1970, Thursday, September 21, 1995 zation provides assistance to its elderly mem- he retired from the gypsum industry to pursue Mr. KANJORSKI. Mr. Speaker, I rise today bers. The Alliance of Poles also sponsors a a personal business venture. From 1970 to to commemorate the 100th anniversary of my Polish school which teaches children the Pol- 1974, Larry owned and operated a consulting hometown parish, Holy Trinity Church in Nan- ish language and culture. In addition, classes service geared toward the construction indus- ticoke, PA. This Sunday, September 24, Bish- are held for adults, and college scholarships try. op James C. Timlin will celebrate the Pontifical are offered to qualified members. On the cul- In 1974, Larry was appointed as director of Celebration Mass of Thanksgiving in honor of tural front, the alliance sustains a Polish library the newly developed Area Agency on Aging of the church's centennial. which is unequaled in the Greater Cleveland Western Michigan. The agency is responsible area, a Polish theater group, and an adult According to historical documents, the for planning, coordinating, and serving as a dance group. The organization also publishes church was founded when a group of Polish funding agency for older adult programs in a newsletter, the Alliance, in both the Polish immigrants separated from another local par- nine-county area. As director of the agency, and English language. I am proud to note that ish to form the Holy Trinity Church. The cor- Larry dedicated himself to providing the best the Alliance of Poles of America has shown a nerstone of the original church was laid on possible services for area seniors. special concern for those who are less fortu- May 4, 1885. Rev. Francis Hodur, Holy Trin- Larry's contributions to the care of seniors nate. The alliance raises funds for blind chil- ity's first pastor, led the church for 2 years. have been recognized not only by the citizens dren in Poland, and contributes to veterans or- Seven different pastors served the church in of west Michigan but also across the Nation. ganizations, community groups, churches, and the 20 years following Father Hodur. In 1919 Throughout his 21 years with the Area Agency other worthy causes. Father Roman Wieziolowski began 48 years of Mr. Speaker, to mark its historic centennial on Aging, Larry has been applauded by his service at Holy Trinity Church. Under his lead- celebration, the Alliance of Poles of America peers and recognized with awards and leader- ership a brick school with eight classrooms will host a centennial banquet, a grand pa- ship roles on various boards. He is one of the was built in 1923 and 3 years later, construc- rade, and a special mass. It is expected that founders of the National Association of Area tion of the present church was begun. Five a host of elected officials, community leaders, Agencies on Aging and served on the first years later the church was completed at a and other distinguished guests will join mem- board of directors for two terms. In 1986, he cost of $225,000. By then, the parish had bers of the alliance for these events. received the ``Distinguished Area Agency Di- 1,000 families and the school was always As the Representative of Ohio's 11th Con- rector Award for the United States'' from the filled to capacity. gressional District, I take special pride in salut- director of 675 Area Agencies on Aging in the In 1967 Father Walter Poplawski, who had ing the Alliance of Poles of America. Over the United States. He also served as a represent- served as an assistant under Father years, I have benefited from a close working ative to the 1981 White House Conference on Wieziolowski, was appointed Pastor. Under his relationship with members of this distinguished Aging. This litany of activities demonstrates guidance repairs and modernization were un- organization on issues of both national and that he has been very active on State and na- dertaken to meet the liturgical renewal. Father international significance. I applaud the organi- tional levels in promoting aging related issues. Poplawski considered Catholic education a pri- zation for its leadership, and I extend my best Not only has Larry blessed many people ority during his leadership at Holy Trinity and wishes for a memorable centennial celebra- with his commitment to helping, he has also worked with other area pastors to merge the tion. been blessed with a wonderful, caring family. Nanticoke area Catholic schools into a central Providing support over the years for this dedi- f school system, which became the Pope John cated man have been his wife Mary Lou of 52 Paul II School. This newly formed school, TRIBUTE TO LAWRENCE L. years, and his children Dr. Lawrence Murray which is housed at Holy Trinity and St. MURRAY III, Patrick J. Murray, Mary Anne Timmer, and Stanislaus Churches, still serves the youth of Jim Murray. the Nanticoke area. HON. VERNON J. EHLERS Mr. Speaker, I have only touched the sur- Mr. Speaker, I am pleased to have the op- OF MICHIGAN face of the many contributions Larry has made portunity to bring the history of Holy Trinity to IN THE HOUSE OF REPRESENTATIVES to our community. I want to personally thank the attention of my colleagues. An integral part him for all that he has done in marking west of the religious community of northeastern Thursday, September 21, 1995 Michigan a better place for the seniors of our Pennsylvania, Holy Trinity Church has a tradi- Mr. EHLERS. Mr. Speaker, it is with great community. It is with great pleasure that I take tion of dedicated service to the faithful. I join pleasure that I take this opportunity to recog- this time today to honor the many achieve- with the community in congratulating the Holy nize the achievements and contributions of ments and contributions of this outstanding Trinity Church on this milestone anniversary. Larry Murray, who is retiring after 21 years as and dedicated citizen. E 1828 CONGRESSIONAL RECORD — Extensions of Remarks September 21, 1995 THE 100TH ANNIVERSARY OF THE enhanced unit level publications throughout The new boundaries would not result in any UNIVERSITY OF PITTSBURGH the Marine Corps.'' additional watering of acreage or additional SCHOOL OF DENTAL MEDICINE Dean Jones had been a resident of my con- delivery of water by the districts than the Envi- gressional district, having graduated from ronmental Impact Statement (EIS) of the act HON. WILLIAM J. COYNE Elkton-Pigeon-Bay Port High School, before studied, addressed, or evaluated. OF PENNSYLVANIA joining the Marines in 1982. Several members The act was enacted after many years of of his family, including his mother, Eunice IN THE HOUSE OF REPRESENTATIVES evaluation, negotiation, planning, cooperation, Jones, and aunts and uncles Alice and John and compromise by all affected entities. These Thursday, September 21, 1995 Kleinfeld and Theo and Bob Frent, still reside interests include the irrigators, tribes, local Mr. COYNE. Mr. Speaker, I rise today to in the area, and are tremendously proud of his business, agriculture community, and county congratulate the administration, faculty, and recognition. and State government. This act was an his- students of the University of Pittsburgh School Mr. Speaker, the strength of our military has toric precedent, but its success is not com- of Dental Medicine on the 100th anniversary always been in the men and women who be- plete until the boundary changes are made. of its opening, and to thank the school for 100 lieve in service to their country, and dem- The irrigators were key to development of the years of dedicated service to the people of the onstrate their belief by volunteering their lives act, based on the agreements struck by the State, the region, and the Nation. to protect the freedoms we all enjoy. Dean multi-faceted interests involved in the act's de- A great many things have changed since Jones represents the finest of these individ- velopment. However, the Bureau has not fol- 1896, when the school, then known as the uals, working to make sure that the tasks for lowed through with its end of the deal and has Pittsburgh Dental College, first opened its which he is charged are completed as effec- stonewalled resolution of this predicament for doors. Automobiles were rare and remarkable tively and successfully as possible, knowing baseless reasons. that these missions can make a critical dif- machines, large parts of our country were not My legislation clarifies the issues that are ference should we find ourselves in an armed served by electricity, telephones, or running under attack by the Bureau and others that conflict. His years of service, including assign- water, and the skies above Pittsburgh were the irrigation districts, urban business commu- ments in electronics maintenance, commu- black with smoke at mid-day. Dentistry was nity, agri-business community, and community nication, and his most recent assignment with not nearly as advanced as it is today. Never- leaders has negotiated, agreed to, and pro- Marine Tactical Air Command Squadron 38, theless, even then, the school represented a moted in building support for the act. When 3rd Marine Aircraft Wing, at MCAS El Toro, strong commitment to providing proper dental the act was approved by Congress in 1988, CA, show that this is a Marine who cares, care. there were a handful of water issues that had In the intervening years, this commitment among a corps rich in tradition, bravery, and sacrifice. not been resolved. However, agreements were has been sustained as the school has ex- struck by the affected interests, the necessary panded and matured. In 1926, the school was I am sure that his wife Suzanne, and his children Timothy, Thomas, and Rebecca, are studies were conducted, and these outstand- cited as an example of teaching excellence in ing issues could have easily been remedied the Carnegie Foundation for the Advancement all very proud of him. I also want us to recog- nize his family, because the life of any mem- years ago by simply administrative action. Un- of Teaching's groundbreaking Gies Report. fortunately, the Bureau has welched on its end The school established a continuing education ber of the Armed Forces is most certainly im- pacted by the sacrifices that the family has to of the agreement and the irrigators find their extension program in 1962, a dental assistant- portion of water (guaranteed by law) in peril. oral hygiene program in 1963, a dental clinic make. This entire family, I am sure, contrib- uted to the atmosphere that allowed SSGT It is time that the Congress hold the Bureau for children with disabilities in 1965, a cleft- accountable. In order to accomplish the intent palate-craniofacial treatment center in 1966, Dean Jones to win this award. Mr. Speaker, I urge you and all of my col- of the language of the act, it is necessary to and programs for research, treatment, and leagues to join me in congratulating Staff Ser- enact corrective legislation that will direct graduate education programs in implantology geant Dean L. Jones with his receipt of the agency action and disallow discretionary in 1983. Kenneth A. Innis Award, and in appreciation of abuses by the Bureau, as is currently the In short, the school has been a leader in the his job well done. case. My bill will resolve some of the more ob- training and education of dental professionals, f vious problems, and I look forward to my col- in the conduct of biomedical research, and in leagues' support in this endeavor. the provision of clinical aid to patients. I com- HELPING THOSE THAT LIVE AND f mend the faculty and staff of the University of WORK IN THE UMATILLA BASIN Pittsburgh School of Dental Medicine as the TRIBUTE TO DOROTHY DAVIS, school begins its year-long commemoration of HON. WES COOLEY COMMUNITY LEADER its 100th anniversary. OF OREGON f IN THE HOUSE OF REPRESENTATIVES HON. CARRIE P. MEEK CONGRATULATIONS S.SGT. DEAN Thursday, September 21, 1995 OF FLORIDA JONES Mr. COOLEY. Mr. Speaker, today I am in- IN THE HOUSE OF REPRESENTATIVES troducing legislation that will go a long way to Thursday, September 21, 1995 HON. JAMES A. BARCIA correct unintended problems that face hard- Mrs. MEEK of Florida. Mr. Speaker, it is my OF MICHIGAN working irrigators in my district. These honor to extend best wishes to Dorothy Davis, IN THE HOUSE OF REPRESENTATIVES irrigators and the communities they support have labored many hours and spend thou- a truly remarkable public servant who has had Thursday, September 21, 1995 sands of their own dollars in an attempt to ad- a huge impact on Dade County. Her retire- Mr. BARCIA. Mr. Speaker, I am pleased dress these changes through the Bureau of ment from government service as executive and honored today to be able to announce to Reclamation. Unfortunately, the Bureau has director of the Dade County Community Action you and our colleagues that Marine Corps been stubborn and reluctant to resolve the Agency will take place on September 29, Staff Sergeant Dean L. Jones is this year's problems that the Bureau has promulgated. In 1995. winner of the Kenneth A. Innis Award for Avia- light of this, corrective legislation is war- Dorothy graduated from Clark College in At- tion Command and Control Marine of the rantedÐand imperativeÐfor the continued via- lanta, GA, in 1962 with a bachelor of arts in Year. This award, sponsored by Loral Defense bility of those that live and work in the Umatilla social science. She began her career in com- SystemÐEagan, is given for the most out- Basin. munity service as a social investigator at the standing contribution to Marine aviation by an This legislation would direct the Secretary of New York City Welfare Department. enlisted Marine. This award is being presented the Interior to change the boundaries of the In 1964, Dorothy joined the Miami office of this weekend, at the annual meeting of the four irrigation districts in the Umatilla Basin, the Florida Department of Public Welfare. She Marine Corps Aviation Association, in Crystal Oregon (Hermiston, Stanfield, West Extension, quickly advanced through the ranks, eventu- City, VA. and Westland). This boundary change would ally becoming community organizing officer for SSGT Jones is being recognized for mul- include all lands receiving deliveries of Federal the metropolitan Dade County Office of the tiple accomplishments between May 1994 and project water and/or natural flows for irrigation Department of Housing and Urban Develop- April 1995 which, according to his citation, through their respective facilities prior to Octo- ment Community Services Division. ``dramatically increased the mission effective- ber 1, 1988, as specified in the Umatilla Basin In 1975, Dorothy joined the team at metro- ness of Marine air command and control and Project Act of 1988. politan Dade County's Community Action September 21, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1829 Agency. Here, she began her grass-roots ef- ty sheriff asked him to join the jail ministries FEDERAL ACQUISITION forts to develop programs desperately needed board where he has served for 7 years. in the Dade County community. Taking an active role in one's community is HON. RON PACKARD During her tenure, Dorothy coordinated and a responsibility we all share, but few fulfill. OF CALIFORNIA implemented programs in 16 low-income Ralph Leach has dedicated much of his life to IN THE HOUSE OF REPRESENTATIVES areas related to community planning, citizen this endeavor. I deeply admire his strong val- Thursday, September 21, 1995 participation, and the delivery of social serv- ues and outstanding example of civic involve- ices. In 1982, Dorothy returned to school and ment. His time, talents, and energy are appre- Mr. PACKARD. Mr. Speaker, we have been earned a masters degree in Social Work from ciated by all of us. I thank Ralph Leach for his given the opportunity to set right a problem Barry University in Miami, FL. efforts and commend him for his good work. that has long plagued the Government, the Federal procurement process. In 1986, her hard work and dedication I have known Ralph for many years and he earned her the position of executive director of It is no great secret that while the private richly deserves all the best in retirement. I ask sector has increased its efficiency by the Dade County Community Action Agency. that my colleagues join me in offering heartfelt Our community would not be what it is today downsizing and decentralizing, the Federal congratulations to Ralph Leach on the event Government remains saddled with an archaic without her hard work, personal integrity, and of his retirement. leadership. procurement system that is expensive to oper- Mr. Speaker, this remarkable woman has f ate and laden with paperwork and bureauc- racy. The system as it is, forces taxpayers to dedicated many years of her life to our com- TRIBUTE TO SARAH FABRY munity. I join with all our citizens in extending pay a 20-percent premium on Federal pur- SMEJA, RON NOWACZYK, AND chases. This is not responsible Government. to her our thanks and congratulations for a job JOHN AND LORRAINE HEDRICH well done. I know that my colleagues join me If we are to balance the Federal budget, it in honoring Dorothy Davis on this special day is our responsibility in Congress to make the and wishing her continued success in what- HON. DAVE CAMP procurement process an efficient and cost-ef- fective one. The taxpayers deserve it. The ever she decides to do in the future. OF MICHIGAN contractors deserve it, and the Federal Gov- f IN THE HOUSE OF REPRESENTATIVES ernment deserves it. TRIBUTE TO RALPH LEACH Thursday, September 21, 1995 f Mr. CAMP. Mr. Speaker, I rise today to A TRIBUTE TO CHEVY CHASE HON. DAVID E. BONIOR honor four Michigan residents as they are rec- COMMUNITY LIBRARY OF MICHIGAN ognized for their contribution to polka and the IN THE HOUSE OF REPRESENTATIVES State of Michigan. Sarah Fabry Smeja, Ron HON. CONSTANCE A. MORELLA Thursday, September 21, 1995 Nowaczyk, and John and Lorraine Hedrich, OF MARYLAND will be inducted into the State of Michigan IN THE HOUSE OF REPRESENTATIVES Mr. BONIOR. Mr. Speaker, I rise today to Polka Music Hall of Fame on Sunday, October pay tribute to Mount Clemens businessman 1, 1995. Thursday, September 21, 1995 and civic leader, Ralph Leach. After many America was built by the hard work and Mrs. MORELLA. Mr. Speaker, it is a proud years in business, Ralph has sold his popular commitment of settlers who brought with them moment for me to rise in tribute to the Chevy office supply and craft store, Art-O-Craft, and a rich and varied heritage. Polka flourished in Chase Community Library in Montgomery is retiring. He is being honored this evening Michigan largely due to the devotion of those County, MD, on the occasion of its 30th anni- during the city's annual ArtParty. who brought with them their families' traditions versary. Ralph Leach is known in Mount Clemens, and customs, as well as their love of polka. In celebration of the library's 30th birthday, MI, as a man of faithÐfaith in God, hard work, Sarah, Ron, John, and Lorraine were just a the Chevy Chase Historical Society is setting family, and community service. At one time few of those special individuals who were up three displays that depict the town of Ralph operated three successful Art-O-Craft proud to keep an honored tradition alive. Chevy Chase as far back as the turn of the stores. However, many years ago, Ralph de- century. The library also is collecting pictures cided that family life and community service Sarah Fabry Smeja, of Swartz Creek, MI es- pecially enjoys Czechoslovakian melodies first and momentos from citizens that will recreate were the key to success, not being the the Chevy Chase community as it was in wealthiest man in town. introduced to her by her father at a very early age. Throughout her career she has played 1965. Ralph Leach has worked hard to revitalize The library has changed since its opening the piano, trumpet and baritone, as well as the community of Mount Clemens. As a re- on September 22, 1965. At the time, everyone conducted a choir called the Friendship Club. tailer, business leader, and community activist, wondered how they were ever going to fill all Ralph has worked with other members of the Ron Nowaczyk, of Saginaw, MI has played of the empty shelves. Now the library is over- Mount Clemens Business Association to reju- the drums for over 40 years. Ron has had the flowing with books and ``bursting at the venate the city. He has helped foster a sense opportunity to play with several bands, and seams,'' according to Kathie Meizner, the of cooperation between local business people record two albums with the John Lipinski or- agency head of Chevy Chase Library. that has helped give the city a new look and chestra. He was awarded the European Amer- Over the years, the library has provided pro- attitude. Mount Clemens has again become a ican Music Award from radio station WOAP in grams and activities for young children and city where people are proud to work, shop, 1994, and currently volunteers, and serves as their families. The library has been a resource and live. a radio personality on WKNX in Frankenmuth, for parents in the community, enabling them to Ralph's commitment to service and hard MI. become participants rather than observers in work are not limited to his entrepreneurial en- John Hedrich, from Chesaning, MI has been their children's education. On a daily basis, deavors. The Mount Clemens Salvation Army playing the drums since the age of 5. His wife, the staff of the library responds to the needs and the YMCA represent only a few of the Lorraine, has been playing the accordion since of the diverse Chevy Chase community, help- many organizations to which he has commit- she was 11 years old. In 1973 they began ing people obtain access to meaningful infor- ted his time and talents. In fact, Ralph's life playing together in a two-piece band still mation vital to good decision making. The li- will probably be as busy in retirement as it known today as The J & L Blue-tones. Cur- brary has record of dedicated service to indi- was when he operated Art-O-Craft. Ralph rently, John and Lorraine are members of the viduals with special needs, individuals from plans to become more active in his role as a Saginaw Musical Association Local 57. the business and industry sector, government minister. Currently he serves as chaplain at Mr. Speaker, thanks to the efforts of Sarah, and community leaders, and senior citizens. St. Joseph's Hospital where he ministers to Ron, John, and Lorraine, we are all able to The biggest change at the Chevy Chase Li- the spiritual needs of patients and their fami- enjoy an old musical tradition from many years brary has evolved in response to the chal- lies. He also is chairman of the deacon board ago. They will be honored at a reception in lenges of the information age. The library is no at community Baptist Church in St. Clair Owosso, MI because of their dedication and longer an isolated resource center in a small Shores, MI. Sunday school classes for young- commitment to spreading the polka tradition town; it is now connected to other local librar- sters, senior citizens, and women's groups and helping others enjoy this special music. I ies and to libraries in other States and coun- have all benefited from the faith and insight am confident that the musical legacy of these tries. Ralph is able to provide. Ralph even ministers outstanding individuals will be remembered for In September of 1965, President Johnson to the needs of prisoners. The Macomb Coun- decades to come. was urging Congress to grant home rule to E 1830 CONGRESSIONAL RECORD — Extensions of Remarks September 21, 1995 Washington, DC. More troops were sent to quickly, to keep our air clean and to get peo- Responsible Members of this House must Vietnam. On Broadway, Ginger Rogers was ple to their jobs. Americans need efficient condemn each and every terrorist act per- starring in ``Hello Dolly!,'' and Art Carney and transit to encourage compact community de- petrated by these militants. We must also velopment that preserves open space and challenge our colleagues who support the Walter Matthau were ``The Odd Couple.'' In uses infrastructure wisely so that metropoli- Montgomery County, MD, the Chevy Chase tan areas can sustain growth for generations Council of Khalistan because it benefits their Library first opened its doors. to come. own domestic political needs to realize that Mr. Speaker, I congratulate the Chevy America needs convenient, affordable tran- their support for the council is furthering a ter- Chase Library on its 30th birthday, and I wish sit to allow people leaving welfare to get to rorist agenda in India. the staff, the volunteers, and the citizens of jobs. America also needs a healthy balance While fighting terrorist, Chief Minister Singh the Town of Chevy Chase continued success. between local needs and federal resources. also worked simultaneously to bring the peo- Congress should, therefore, promote a bal- f ple of Punjab back into the mainstream politi- anced transportation policy that: cal democracy upon which the nation of India GOOD TRANSPORTATION CHOICES Offers equal Federal matching dollars for public transportation and highways alike: prides itself. Why skew our building projects toward more Mr. Singh was duly elected by the people of HON. BOB FILNER highways, if what communities really need is Punjab in 1992 and he dedicated his life to OF CALIFORNIA more public transit? Local elected officials maintaining democracy. IN THE HOUSE OF REPRESENTATIVES should set the priorities and make the allo- Mr. Speaker, as the relationship between Thursday, September 21, 1995 cations of transportation dollars. our country, the world's oldest democracy, and Continues to assist local transit systems India, the world's democracy, continues to Mr. FILNER. Mr. Speaker, Americans need through the transit operating assistance pro- flourish and expand, let us support unequivo- gram: Many communities, especially smaller good transportation choices. We in Congress cally the advocates of peace in Punjab. And, need to help empower people to make trans- ones, depend on federal aid to keep buses and subways running. The Mobile, Ala., bus sys- without fear or hesitation, I would hope that portation choices that work for commuters, for every Member, regardless of political persua- businesses, for senior citizens, and young tem has shut down in anticipation of unbridgeable cuts in Federal assistance. And sion or ideology, would join me in condemning people alike. Toward that end, I want my col- as many as 60 other systems may follow suit. those enemies of peace who assassinated the leagues to see an article that appeared in the Maintains the strong Federal interest in Chief Minister and his staff. New York Times business section, Sunday, transit capital and technological-innovation f August 20, reflecting the broad base of sup- programs: With little room to expand our port for the transportation policies we passed packed metropolitan-area highways, the na- HONORING COCOPAH TRIBE in ISTEA. This article was cowritten by Gerald tion must expand public transit. Federal CHAIRMAN PETER SOTO Bartels, the president of the Atlanta Chamber help should be available to regions that can- not afford such a major investment—just as of Commerce, and Jeff Blum, transportation large infusions of Federal capital helped HON. ED PASTOR policy director of the consumer group Citizen build our world-renowned highway system. OF ARIZONA Action. At the same time, the Government must IN THE HOUSE OF REPRESENTATIVES MORE HIGHWAYS ALONE WON’T EASE TRAFFIC continue to support the development of inno- Thursday, September 21, 1995 (By Gerald L. Bartels and Jeff Blum) vation like high-speed intercity rail; low- Across America, we are building more weight, low-pollution buses; up-to-the- Mr. PASTOR. Mr. Speaker, it is with great highways to relieve traffic congestion in minute schedule information accessible from remorse that I inform my colleagues on the metropolitan areas, but it doesn’t work. Our peoples’ homes, and technology that allows passing of a friend and a great leader of our roads are simply too crowded—and building buses to pass through traffic signals ahead of native American community: Mr. Peter Soto, more means intolerable costs and environ- cars. chairman of the Cocopah Nation. mental problems, while the congestion Preserves a strong national passenger rail- Pete, as a young man, received his edu- reappears in a few short years. As we enter road: In many congested regions, intercity rail is by far the most cost-effective way to cation in Yuma, AZ. A firm believer that edu- the 21st century, public transportation is the cation was the key to success, Pete devoted only cost-effective way that growing com- travel. Amtrak passenger miles rose 48% be- munities can ensure mobility for their citi- tween 1982 and 1993. Ridership rose 87% on himself to pursuing a degree, which he at- zens. Northeast Corridor Metroliners, 49% between tained at Harvard University. After graduating, The most cost-effective transportation San Diego and Los Angeles, and 10% between Pete returned to the Cocopah Nation and budget is, therefore, one that balances in- St. Louis and Chicago. served as tribal vice chairman. During his ten- vestments in roads, trains, and buses. Four Yes, Congress and the President must be ure as the vice chairman, Pete worked with hardheaded when it comes to spending our years ago, Congress and President George the Indian Education Program and the Yuma Bush developed the Intermodal Surface dollars. But when we reduce the budget, let’s give public transportation a fighting chance. High School district. Transportation Efficiency Act in an attempt Completing his term as vice chairman, Pete to reduce traffic congestion and air pollution f by investing in both public transportation assumed a position with the Bureau of Indian and highway construction. SIKH MILITANTS ASSASSINATE Affairs Education Department. In that capacity, But the budget versions adopted now by CHIEF MINISTER IN PUNJAB Pete was instrumental in developing and di- the U.S. House of Representatives and Sen- recting educational programs for the Bureau of ate have unwisely abandoned that balanced HON. SHERROD BROWN Indian Affairs. Pete was a strong advocate of approach. education and was dedicated to improving the For Fiscal Year 1996, Congress has pro- OF OHIO posed to slash funds for public transpor- IN THE HOUSE OF REPRESENTATIVES educational opportunities for our native Amer- ican youth. Through his endeavors many of tation and Amtrak while substantially in- Thursday, September 21, 1995 creasing highway subsidies. 89% of the pro- our young native Americans have received, posed House cuts in transportation assist- Mr. BROWN of Ohio. Mr. Speaker, I wish to and continue to receive, an education. ance would come out of public transit and call our colleagues' attention to the latest in In 1990, Pete returned to his nation to serve Amtrak, though they constitute 15% of the the tragic series of events that have plagued as the Cocopah tribal business facilitator. Pete Federal transportation budget. the Punjab region of India for more than a strove to enhance and implement economic Meanwhile, highway subsidies—52% of the decade. On August 31, 1995, Chief Minister development for the Cocopah Nation. During transportation budget—would rise by more Beant Singh, a leading advocate of peace in than a half billion dollars. The Senate plan, this time he also served his community as vice while reducing highway funding by 3.7%, the Punjab region, was viciously assassinated chairman of the board of commissioners for cuts mass transit funding by three times as by Sikh terrorists. the housing authority. much. Mr. Speaker, the time has come for every On July 8, 1994, Pete was elected as chair- In the Atlanta area, events at the Georgia Member of this House to condemn these vio- man of the Cocopah Nation. Under his leader- Dome and Atlanta/Fulton County Stadium, lent acts perpetrated by Sikh militant factions. ship, the nation began an extensive program as well as next year’s Olympics, depend on Unfortunately, some of our colleagues have to make education available to all members of the transit system, MARTA. And the grow- chosen to carry the banner for the Sikh mili- his nation. Pete continued his strong advocacy ing Perimeter Center commercial district on tants in Punjab by working closely with the so- the edge of town will thrive only with the ex- of tribal economic development, and strove to pansion of public transit, as well as car- called Council of Khalistan. Perhaps this latest develop business enterprises and to attract pooling and pedestrian walkways. tragic act will be enough to convince those business investment to his nation. America needs efficient buses, subways and Members that support for groups that promote I would also like to recognize Pete for his intercity trains to keep traffic moving violence only begets further violence. dedicated service in defense of our Nation. September 21, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1831 Pete served with the U.S. Army and was hon- and efficient system to serve both the local and social events. The parish not only contin- orably discharged. and national needs of Job Corps students. ues traditions of the Slavic people but also the I share with my friends of the Cocopah Na- Each Job Corps campus is required by law ethnic and cultural traditions of their parents tion a deep personal loss. The Cocopah Tribe and regulation to develop community linkages, and grandparents. Epiphany Parish is truly has not only lost a great leader, but I have lost local support groups, and participation. Stu- committed to the Byzantine Catholic Rite and a dear friend. I request that my fellow col- dents are referred to and from other State pro- welcomes all who desire to worship with them. leagues join me in honoring and remembering grams and services. The national network of Mr. Speaker, I know my colleagues join me this great man: Chairman Peter Soto of the placement services offered through the inter- in honoring the Epiphany Byzantine Catholic Cocopah Nation. national labor unions and the National Asso- Church on the occasion of its 25th anniver- f ciation of Home Builders allow Job Corps sary. graduates access to job markets across the f STATEMENT REGARDING THE JOB Nation. CORPS Mr. Speaker, while the goal of H.R. 1617 is TRIBUTE TO DR. ABRAHAM M. to consolidate the vast array of job training PHILLIPS HON. PAT WILLIAMS and education programs into a more cohesive OF MONTANA structure that makes sense to participants, to HON. RICHARD A. GEPHARDT IN THE HOUSE OF REPRESENTATIVES service providers, to the Congress, and most OF MISSOURI Thursday, September 21, 1995 importantly to the American taxpayer, we did IN THE HOUSE OF REPRESENTATIVES not want to eliminate programs that operate Thursday, September 21, 1995 Mr. WILLIAMS. Mr. Speaker, I wanted to effectively. Job Corps is one program the take this opportunity to clarify the legislative committee felt was best kept at the national Mr. GEPHARDT. Mr. Speaker, I rise before intent of H.R. 1617 regarding the Job Corps level. As the old adage goes ``if it ain't broke, my colleagues today to pay tribute to Dr. Program. don't fix it.'' Abraham M. Phillips, a pediatric specialist in The committee did not include Job Corps as f juvenile diabetes in the St. Louis community. part of the block grant consolidation proposed Dr. Phillips is a colonel in the U.S. Army Re- in H.R. 1617. After numerous hearings, site HONORING THE EPIPHANY serve and a commander of the 21st General visits, and debate, the committee determined BYZANTINE CATHOLIC CHURCH Hospital in St. Louis. that Job Corps is one of the few Federal pro- Dr. Phillips' career is a remarkable story of grams that is most cost-effectively adminis- HON. THOMAS M. DAVIS dedication and service to his community and tered at the national level. The committee OF VIRGINIA his country. After being commissioned to serv- strongly believes that Job Corps should re- IN THE HOUSE OF REPRESENTATIVES ice in 1971, he moved quickly through military main a distinct, national program for the fol- ranks and was appointed colonel in 1987. He lowing reasons: Thursday, September 21, 1995 has held various non-active duty hospital as- Job Corps is effective. Historically, the Mr. DAVIS. Mr. Speaker, I rise today to signments in the St. Louis area and was as- young people served by Job Corps are Ameri- honor the Epiphany Byzantine Catholic Church signed to active duty in Kuwait and Saudi Ara- ca's poorest and most at-risk. Their needs of Annandale, VA, which is celebrating its 25th bia during the Persian Gulf war. After more have not been met by their schools, families, anniversary on Sunday, September 24, 1995. than 24 years of service in the military, Dr. communities, or State governments. Job The parish was founded in 1970 by a few Phillips has been decorated with more than 18 Corps, through its comprehensive residential Slavic people with a vision and love for their medals and awards in recognition of his out- education and training components, is ex- Byzantine Rite. Many of the founders were standing military service. tremely effective in dealing with this difficult first generation Americans who wanted a In his role as a civilian physician, Dr. Phil- population. In fact, in program year 1994Ð place to worship in the traditions of their Slavic lips' service and scope of work to the medical July 1994±June 1995Ð73 percent of all par- ancestors. Since that time the parish has community are equally impressive. He serves ticipants were placed into jobs or advanced to grown and become an integral part of the as the medical advisor to a local high school higher education. community and serves over 300 families of di- football team, is the consulting physician to a Job Corps provides universal access. By vir- verse ethnic and cultural backgrounds who diabetic camp for children in Missouri, and re- tue of being a national program, Job Corps al- live in the Washington metropolitan area. cently concluded work for the Nursery and lows equal, universal access to all young peo- In 1973, the construction of Epiphany Byz- Newborn Clinic Service at Deaconess Hospital ple eligible for the program, regardless of their antine Catholic Church was completed and on in St. Louis. In addition, Dr. Phillips serves on residence. There are no constraints of State April 29 was dedicated. Father John Danilak the Pediatric Quality Assurance Committee at boundaries. In fact, a substantial amountÐ who served as pastor at that time wrote the John's Mercy Hospital and on the Pre-Natal roughly 35 percent of all Job Corps students following to parishioners: ``The erection of this and Pediatric Care Committee at Deaconess attend centers not located in their State. beautiful edifice shall ever by a living testi- Hospital, both of which are located in St. Low administrative costs. As currently oper- monial of the generations of the unborn, and Louis. ated, Job Corps has minimal bureaucratic it will be a memorial to of your ardent faith and Dr. Phillips' work illustrates the importance overhead. There are 179 Federal staffs that an inspiration for your children to manifest the of military reservists in our country, and their oversee services to almost 65,000 youth an- God-given faith and the glorious heritage that invaluable contributions to our society. He has nually at 110 centers nationwide. It would you will entrust to them. May the doors of the unselfishly given his time and talents to our make no sense to create 50 separate State Epiphany Church be always open to all who community. His devotion to our community bureaucracies to administer approximately 2 seek the soothing balm of Christ's healing and to our country should be an inspiration to Job Corps centers per State. graces and that there be charity and love for us all. Job Corps is accountable. Given its size the helpless, and that Epiphany serve as a f and cost, Job Corps must be accountable to reservoir of moral strength for the weak, a Congress. Today, Job Corps has the most ex- sanctuary for the oppressed and comfort and THE SURFACE MINING CONTROL tensive performance standards of any job consolation for the aged and forgotten.'' AND RECLAMATION AMEND- training program. Job Corps measures student Since those words were written in 1973, MENTS ACT OF 1995 advancement in academics, vocational com- Epiphany Byzantine Catholic Church has pletion, and job placement rate as well as the strived to fulfill this commitment. The parish HON. BARBARA CUBIN starting salary once they leave the Job Corps. has grown and people of different cultures and OF WYOMING This is done for every one of Job Corps' backgrounds attend and participate in the reli- IN THE HOUSE OF REPRESENTATIVES 65,000 students each year. In addition, Job gious services. Yet, the goals set in 1973 re- Corps has now instituted student surveys to main unchanged. Epiphany Byzantine Catholic Thursday, September 21, 1995 assess student perceptions of the program Church continues to nurture its family in the Mrs. CUBIN. Mr. Speaker, today I am and campus safety. gospel of Jesus Christ, through the unique ge- pleased to introduce the Surface Mining Con- Local input with a national focus. Job Corps nius of the Byzantine Rite. trol and Reclamation Amendments Act of is unique from other Federal training programs In 1987, the multipurpose parish center was 1995. I am joined in this effort by Mr. in its uniformity across the Nation. This has al- dedicated and serves as a place for parishion- CREMEANS and several other colleagues all of lowed the program to develop a cost-effective ers and the community to meet for educational whom share my interest in reinforcing the E 1832 CONGRESSIONAL RECORD — Extensions of Remarks September 21, 1995 original intent of the 1977 statute: To place the issue did OSM finally agree that the issue With 13 million employees nationwide and with the primacy States the exclusive jurisdic- was programmatic rather than regulatory and an economic impact of $416 billion, each and tion to regulate surface coal mining operations dropped its threat. every one of you here needs to stand up and within their borders. The bill will clarify the re- The amendments act will clarify that OSM take notice. spective roles of the Federal and State gov- does not have the authority to issue notice of Now, I know we're all very busy, but listen ernments, avoid costly and inefficient duplica- violations in primacy States unless and until it to these facts: Tourism is No. 1 in service ex- tion in inspection and enforcement and estab- has followed the procedures set forth in the ports; tourism generates exports equal to ex- lish clearer lines as to the activities subject to 1977 law to substitute Federal enforcement for porting 4-million cars, 1.15-million blue jeans the law. the State program. or 5.5-billion bushels of wheat. When the Surface Mining Control and Rec- The act's legislative history confirms the Tourism generates $54 billion in Federal, lamation Act [SMCRA] was enacted in 1977, it original intent that notice-of-violation authority State and local taxes. was hailed as a model of cooperative federal- belonged only to the regulatory authority and If this had to be replaced, the average ism. It established a set of pervasive environ- operators need to know who that regulatory American household would have to pay an ad- mental and reclamation performance stand- authority is at any particular timeÐOSM or the ditional $652 in income tax every year. ards for all surface and underground mines in States. My legislation will further restore But note well for three straight years, U.S. the United States. It also included provisions meaning to the concept of State primary by market share of international travelers has de- to allow each coal producing State which was codifying the well-established principle that the teriorated. And it's going to fall again this year. able to demonstrate that it had adequate laws approved State program is the law applicable Clearly, we must take action. I offer you and organizations in place to assume primary in that State. Permits issued pursuant to those three solutions: responsibility for regulating coal mining oper- State programs would be the benchmark for First, On October 30 to 31, join the 1,700 ations with its State. Since that time, 23 of the compliance until modified in accordance with travel industry professionals for the first ever 26 coal producing States have assumed the the permit revisions procedures of the State White House Conference. role as the SMCRA regulatory authority. program. Second, join the tourism caucusÐsupport Unfortunately, The Office of Surface Mining This legislation is also intended to avoid your district. We already have more than 273 [OSM] has proven reluctant to live up to this regulatory duplication among various pro- members. statutory promise and hand over fully the reins grams, require greater efficiency in enforce- Third, cosponsor H.R. 1083ÐThe Travel of regulation to these primacy States. Instead, ment actions and streamline the administrative and Tourism Relief Act. It's economically vital OSM has perpetuated a dual regulatory appeal process for agency actions. to your district and it's vital to America. scheme by its policies that entail daily inter- Since the passage of SMCRA, the number f ference through the issuance of notice of vio- of producing mines has declined by more than lations [NOV's] directly to coal mine operators 50 percent and the States have assumed the MILITARY EXCESS AND THE in primacy States. The original act was clear primary role for implementing SMCRA for 97 PROGRESSIVE ALTERNATIVE that OSM's oversight role did not allow such percent of the Nation's mines and production. pervasive intervention. OSM is only authorized However, the agency overseeing the States, HON. JOHN CONYERS, JR. to issue a cessation order for serious viola- OSM, has not changed significantly in terms of OF MICHIGAN its size or duplicative role. The agency still has tions constituting an imminent harm or danger IN THE HOUSE OF REPRESENTATIVES to the public or environment. Otherwise, OSM substantially more personnel than it had 12 Thursday, September 21, 1995 was to evaluate State performance, and if dis- years ago when the States assumed primacy. satisfied, initiate proceedings to substitute ei- As a result, the agency has sought to ex- Mr. CONYERS. Mr. Speaker, I have ad- ther Federal enforcement or a Federal pro- pand its reach to other activities such as regu- dressed this body often to discuss America's gram for all or part of the State program. lating public roads, attempting to assume the exorbitant defense spending. As the former OSM's policies have ignored the careful bal- role of separate agencies vested with authority chairman of the Government Operations Com- ance of authority by intervening every day in to administer the Clean Water Act and raising mittee and its subcommittee on Legislation State program matters by issuing notice of vio- stale matters as possible violations of and National Security, I am intimately familiar lations directly to operators anytime OSM dis- SMCRA. with fraud, waste and financial self-indulgence agrees with a State's view of program require- My amendments to the act will clarify that: in the Pentagon and the military-industrial ments. This practice has victimized coal mine public roads are not subject to regulation; the complex at large. The fact that every one of operators caught in the middle of Federal- authority to administer the Clean Water Act at the top 10 military contractors has either been State disputes; perpetuated a scheme of dual coal mines belongs to the regulatory authority convicted of or admitted to procurement fraud and conflicting program administration; caused under the Clean Water Act and not SMCRA; since 1980 as the Campaign for New Priorities regulatory uncertainty and confusion, and bred and, place a 3-year time limitation upon com- recently pointed out, reminds all of us just how disrespect for the States and the law itself. mencing actions for alleged violations. Finally, deep and pervasive their breach of trust with As one Federal court observed, OSM's the legislation would remove an extra and in- the American taxpayer has been. practice has upset SMCRA's fragile balance efficient layer of administrative review of agen- Besides abuse and mismanagement in the ``between the federal and state roles with its cy decisions before seeking review in court. private sector though, neglect by the Govern- trampling of the state's right to enforce its The extra layer of administrative appeals is a ment remains equally of concern. We have laws.'' Fincastle Mining Inc. v. Babbitt, 842 creature of OSM's regulations and not man- funded meaningless, unnecessary military pro- F.Supp. 204, 209 (W.D. Va. 1993). dated by the existing statute. grams year after year. A poignant example of this problem oc- In summation, the Surface Mining Control Today I rise to bring to your attention the curred in 1993 when OSM challenged one of and Reclamation Amendments Act of 1995 work of my distinguished colleague from Cali- would reinforce the federalist scheme of the Wyoming's existing permit conditions at the fornia, RON DELLUMS, the ranking member of Black Thunder Mine as it related to its rough original law and restore true meaning to the the House National Security Committee, who backfilling and grading plan. OSM wanted to concept of State primacy. has articulated an alternative to this madness. issue an order requiring Black Thunder to f In the October 2 issue of the The Nation, he mine and reclaim in a manner that practically THE KEY TO JOBS outlines a post cold war paradigmÐat post speaking could not be achieved and which cold war funding levels. I think this article, was actually based on an outdated rule. HON. TOBY ROTH which I am entering into the RECORD, dem- After the mine submitted a modified mining onstrates my colleague's years of reflection OF WISCONSIN and reclamation plan to the State agency, the and expertise on these issues. I commend him IN THE HOUSE OF REPRESENTATIVES State requested that it delay its backfilling and for his scholarship and I hope you will grant it grading until it had an opportunity to review Thursday, September 21, 1995 the careful study it deserves. the plan revisions. In the meantime, OSM is- Mr. ROTH. Mr. Speaker, I had a meeting STEALTH BOMBING, AMERICA’S FUTURE sued a 10-day notice to the Wyoming Depart- this morning with the congressional travel and (By Ronald Dellums) ment of Environmental Quality in an effort to tourism caucus. The September 7 House of Representatives pressure the State into bringing enforcement I'm reporting that the travel and tourism is vote to approve funding for the B-2 bomber— action against the mine. The State rigorously hard at work in every district in the Nation: money the Pentagon does not even want— opposed OSM's efforts. Yet only after exten- from restaurants to retailers, hotels to camp- thrust forward the crucial question of the sive time and resources were expended on grounds, airlines to rental cars. nation’s military budget. After World War II, September 21, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1833 the United States rejected opportunities to enhancing the potential for social instability tively and to lead, where appropriate, in utilize most effectively a newly established and civil strife. peace operations and coalition efforts to international architecture for conflict reso- What alternative view—critical and con- stanch genocide or to meet humanitarian lution and economic development. An enor- structive—do progressives in the Congress crises. Such a program would less likely be mous financial and human price ensued dur- offer? Any alternative must begin with the perceived as hostile by other nations, and ing the five-decade cold war, with its nuclear three elements of a truly progressive na- would not as readily trigger reactive mili- and conventional arms races, numerous sur- tional security policy: a right-sized military, tary buildups or arms acquisition programs. rogate wars and potential for cataclysmic an engaged foreign policy and a determined Preventive engagement: Active U.S. en- confrontation. Now, early in a post-cold war effort to rebuild our nation’s communities. gagement with the U.N. and regional organi- A right-sized military: The nation could era, Congressional leaders and the Clinton zations to solve local conflicts can help to further reduce our aircraft carrier groups Administration are spurning similar oppor- avert serious crises before they arise, and from twelve to as low as eight, and still ac- tunities to avert future arms races and re- will increase international confidence in commodate the war-fighting requirements of strain potential conflicts. U.S. intentions. Funding a fairer share of By maintaining the current extraordinary the bottom-up review. Despite 30 percent re- international development efforts can help levels of military spending in order to sup- ductions in land forces, there are still 50,000 to enhance stability in various regions. En- port a ‘‘go it alone’’ armed force capable of soldiers that the Army does not plan to em- gaged and imaginative diplomacy, the use of continuing worldwide intervention, U.S. pol- ploy under the scenarios emerging from the good offices in conflict resolution and inter- icy-makers are once again seeking long-term B.U.R. More of our air forces can be demobi- national peacekeeping mechanisms can help security in short-term military superiority lized or placed into reserve status. to defuse—or constrain when necessary—eth- rather than in enduring international stabil- Those of us who reject the B.U.R. see that ity. Such a course significantly risks rekin- even greater reductions and smart reorga- nic, religious, sectarian, racial or dling the threatening environment that ex- nization can occur. We seek a force structure transnational conflict. Vigorous pursuit of isted during that now-fading era. And be- sufficient for defense of U.S. interests further arms control agreements governing cause other nations will undertake military through participation in allied or multi- weapons of mass destruction and conven- modernization in part due to their reaction national efforts to halt aggression, under- tional armaments will effectively com- to any U.S. drive for improved capacity, take peacekeeping operations and meet hu- plement these commitments. long-range U.S. security interests will be manitarian operations requirements. Such a Social investment: The third element of a better served by restraint in our own pro- realignment would present a very different progressive national security policy is in- grams. picture of U.S. intentions to the world from vestment in education infrastructure, and The Clinton Administration’s military what emerges either from the Administra- the strengthening of other institutions es- plan—known as the ‘‘bottom-up review’’— tion or Republican plans. sential to enhancing community and individ- maintains too much of the cold war force One need not now declare a ‘‘steady state’’ ual well-being. structure and fails to respond optimally to number of divisions, aircraft or naval forces Throughout the 1980s domestic programs emerging security challenges. I reject the to know that we can safely make these sub- were ravaged by a costly arms buildup. B.U.R.’s conclusion that the United States stantial additional reductions without harm President Reagan transferred $50 billion should maintain military forces sufficient to to national security, and that we will be able from domestic accounts to military pro- fight two major regional wars simulta- to make follow-on reductions in the future grams in his first budget, and continued such neously without allied assistance, and with as other nations respond to our initiatives. transfers throughout his tenure. Our commu- the type and size of military forces with My proposal to the House Budget Committee nities have never recovered. which the allies fought Desert Storm. This placed us back on the path of additional Republican Congressional budget planners implausible ‘‘worst case’’ assessment has force reductions and canceled cold war-based are now shifting additional tens of billions provided the principal rationale for the stall weapons programs, resulting in $82.5 billion from domestic accounts to the military, and in military force reductions that started in savings in just five years. slashing billions more for deficit reduction. after the fall of the Berlin wall. The B.U.R. Under my plan, the United States would mandates the perpetuation of old habits— also commit to prompt, significant reduc- The nation is at a critical crossroads; the such as routine deployments of aircraft car- tions in our nuclear weapons arsenal in com- income gap between rich and poor is grow- riers in three oceans—that then rationalize pliance with the Non-Proliferation Treaty ing. Many of our children do not enjoy access excessive peacetime acquisition programs (N.P.T.), coupled with a continuing commit- to, much less training in, the technology and needlessly consume billions of dollars. ment to the prompt elimination of other that will drive the economy of the future. If the Administration is too cautious, weapons of mass destruction. This would Our infrastructure—civic and industrial—is members of the Republican Congressional lead to a minimum sufficient deterrent force in desperate need of serious investment. Our majority will pursue a powerfully destabiliz- of only several hundred weapons, signifi- citizens see their quality of life eroding, yet ing and dangerous set of policies. They will cantly below START II limits of 3,500 strate- the answers from Washington are more tax rekindle a nuclear arms race by reconstitut- gic warheads, and we would work to secure a breaks for the rich, environmental degrada- ing Star Wars, abrogating the A.B.M. treaty Russian commitment to a similar reduction. tion and global economic strategies that and abandoning the START II agreement (The Senate Armed Services Committee bill benefit those with capital at the expense of that is designed to secure substantial reduc- contains an absurd requirements to retain those who must work for their livelihood. tions in U.S. and Russian nuclear weapons the nuclear arsenal at much higher START I These distorted priorities are a recipe for arsenals. They are on a wild buying spree of levels.) Such an arsenal would ease the cur- disaster. During the Vietnam War, Dr. King major weapons systems. They needlessly rent pressure to find a production source for observed that the bombs being dropped in pursue confrontational relationships with tritium, and would place us more squarely Vietnam were exploding in the ghettos and former adversaries and reject foreign policy on a path to eventual nuclear disarmament barrios of America—the diversion of re- initiatives that could lead to regional stabil- as is called for in the N.P.T., and which is sources to fight an unjust war was killing ity. They reject peacekeeping and engage- stated U.S. policy. our children and their future. His metaphor ment with the United Nations. Both the Ad- What we should seek to acquire for the for that time is just as grimly appropriate ministration and Republican policies military are the logistics capabilities, intel- for assessing the domestic impact of today’s unjustifiably divert scarce national re- ligence assets and personnel training that excessive and unwarranted military spend- sources from urgent domestic requirements, will allow U.S. forces to participate effec- ing. Thursday, September 21, 1995 Daily Digest

HIGHLIGHTS Senate passed Foreign Operations Appropriations, 1996. House passed Cuban liberty and solidarity bill. Senate (8) McConnell (for Inouye) Amendment No. Chamber Action 2736, to make funds available for the support of the Routine Proceedings, pages S13993–S14106 United States Telecommunications Training Insti- Measures Introduced: One bill was introduced, as tute. Pages S14052±55, S14074 follows: S. 1265. Page S14087 (9) McConnell (for Coverdell) Amendment No. Measures Passed: 2737, to increase amounts appropriated for inter- national narcotics control and to decrease amounts Foreign Operations Appropriations, 1996: By 91 available to the Agency for International Develop- yeas to 9 nays (Vote No. 458), Senate passed H.R. ment. Pages S14052±55, S14074 1868, making appropriations for foreign operations, export financing, and related programs for the fiscal (10) McConnell (for Gorton) Amendment No. year ending September 30, 1996, after agreeing to 2738, to provide for the transfer of excess defense ar- committee amendments, and after taking action on ticles to Estonia. Pages S14055±57, S14074 amendments proposed thereto, as follows: (11) McConnell (for Stevens) Amendment No. Pages S13995±S14081 2739, providing funds for endowments established Adopted: under the United States-Egypt Economic, Technical (1) By 55 yeas to 45 nays (Vote No. 454), Brown and Related Assistance Agreements of 1978. Amendment No. 2708 (to committee amendment Pages S14055±57, S14074 beginning on page 15, line 17 through page 16, line (12) McConnell (for Domenici) Amendment No. 24), to clarify restrictions on assistance to Pakistan. 2740, to provide payment to the North American Pages S13995±S14005 Development Bank by the Secretary of the Treasury, (2) Cohen Amendment No. 2724, to provide for for the United States share of the paid-in portion of a report to Congress on Russian military operations. the capital stock, $25,000,000, to remain available Pages S14013±14 until expended. Pages S14055±57, S14074 (3) Dole Amendment No. 2726, to provide for a (13) McConnell (for Wellstone) Amendment No. limitation on assistance to countries that restrict the 2741, providing funds for the United Nations Fund transport or delivery of United States humanitarian for Victims of Torture. Pages S14057±58, S14074 assistance. Pages S14027±33 (14) McConnell (for Dodd) Amendment No. (4) Helms Amendment No. 2727 (to committee 2742, to increase transfer authority for the Inter- amendment on page 2, line 25), to prohibit the use national Fund for Agricultural Development. of funds for relocating the Agency for International Pages S14057±58, S14074 Development to the Federal Triangle Building, (15) McConnell (for Dodd/Leahy) Amendment Washington, D.C. Pages S14033±34 No. 2743, expressing the sense of the Congress that (5) Helms Amendment No. 2729 (to committee the Government of Guatemala has made significant amendment on page 113, lines 25–26, page 119, progress towards negotiating an end to Guatemala’s line 15, and page 120, lines 3, 4, 15, 19, 20), to civil conflict. Pages S14057±59, S14074 amend the Middle East Peace Facilitation Act. (16) McConnell (for McCain/Kerry) Amendment Page S14036 No. 2744, to permit the continued provision of as- (6) McConnell (for Cochran) Amendment No. sistance to Burma only if certain conditions are satis- 2734, providing funds for the World Food Program. fied. Pages S14058±59, S14074 Pages S14052±55, S14074 (17) McConnell (for Kerry) Amendment No. (7) McConnell (for Shelby) Amendment No. 2735, 2745, to express the Sense of the Senate concerning providing funds for the International Fertilizer De- the provision of spare parts and other military equip- velopment Center. Pages S14052±55, S14074 ment to Peru. Pages S14059±60, S14074 D 1128 September 21, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 1129 (18) McConnell (for Pell) Amendment No. 2746, (29) McConnell (for Leahy) Amendment No. to ensure that the current proportion of economic as- 2757, to provide for a conventional weapons review. sistance continues to be channeled through private Pages S14070±72, S14074 and voluntary organizations and cooperatives. (30) McConnell (for Leahy) Amendment No. Pages S14060±61, S14074 2758, to extend the authority to administer au pair (19) McConnell (for Pell/Leahy) Amendment No. programs through fiscal year 1999. 2747, to provide that certain funds for Turkey be Pages S14070±72, S14074 made available only through non-governmental orga- (31) McConnell Amendment No. 2759, to provide nizations to be used only for projects in the ten that certain funds may be obligated and expended southeastern provinces currently under a state of notwithstanding section 10 of Public Law 91–672 emergency, and shall be used only for projects de- and section 15 of the State Department Basic Au- signed to promote economic development, cultural thorities Act of 1956. Pages S14070±72, S14074 and ethnic tolerance, and human rights activities, (32) McConnell (for Dole) Amendment No. 2760, and to support the development and activities of to limit the availability of funds for the Government non-governmental organizations. of Haiti until certain human rights conditions are met. Pages S14070±72, S14074 Pages S14061±64, S14074 (33) McConnell (for Dole) Amendment No. 2761, (20) McConnell (for Leahy) Amendment No. to increase the total value of defense articles and de- 2748, to provide that the President should seek the fense services which may be transferred to the Gov- agreement of the Prime Minister of Turkey to per- ernment of Bosnia and Herzegovina under the legis- mit access throughout Turkey for international hu- lation. Pages S14072±74 manitarian organizations which operate confiden- (34) McConnell (for Dole) Amendment No. 2762, tially, and report to the committee on Appropria- to establish the Croatian-American Enterprise Fund tions by June 1, 1996, on progress towards such and make available funds to support the Fund. agreement. Pages S14061±64, S14074 Pages S14072±74 (21) McConnell (for Brown) Amendment No. (35) McConnell (for Dole) Amendment No. 2763, 2749, to amend the NATO Participation Act of to earmark funds for humanitarian assistance to the 1994 to expedite the transition to full membership former Yugoslavia. Pages S14072±74 in and cooperation with the North Atlantic Treaty (36) McConnell (for Dole) Amendment No. 2764, Organization of European countries emerging from to impose sanctions against countries harboring war Communist domination. Pages S14061±64, S14074 criminals. Pages S14072±74 (22) McConnell (for Byrd) Amendment No. 2750, (37) McConnell (for Dole/Biden) Amendment No. to provide a substitute for the provision relating to 2765, to limit the use of funds for Bosnia and the Korean Peninsula Energy Development Organi- Herzegovina (other than for refugee or disaster assist- zation. Pages S14064±65, S14074 ance) to activities in the territory of the Bosniac- (23) McConnell Amendment No. 2751, to provide Croat Federation. Pages S14073±74 that funds for Armenia shall be in addition to funds (38) McConnell (for Cohen) Amendment No. justified for programs in the fiscal year 1996 con- 2766, expressing the sense of the Senate regarding gressional presentation documents. Russian compliance with the Treaty of the Conven- Pages S14065±69, S14074 tional Armed Forces in Europe and priorities for (24) McConnell (for Pressler) Amendment No. modifying existing arms control treaties. 2752, to express the sense of the Congress regarding Pages S14073±74 the recent elections in Hong Kong. (39) McConnell (for Kassebaum) Amendment No. 2767, to require the submission to Congress of a Pages S14065±69, S14074 plan making recommendations for a strategic reorga- (25) McConnell Amendment No. 2753, to impose nization of the United Nations. Page S14074 sanctions against Burma, and countries assisting Rejected: Burma, unless Burma observes basic human rights (1) Harkin Amendment No. 2725, to express the and permits political freedoms. sense of the Senate on the conference on S. 4, the Pages S14065±69, S14074 Line Item Veto Act. (By 76 yeas to 24 nays (Vote (26) McConnell (for Cohen) Amendment No. No. 455), Senate tabled the amendment.) 2754, to express the sense of the Senate on Thailand. Pages S14015±19 Pages S14069±70, S14074 (2) By 43 yeas to 57 nays (Vote No. 456), Helms (27) McConnell Amendment No. 2755, to provide Amendment No. 2730 (to committee amendment on for an extension of the tied aid credit program and pages 44–45), to restrict the availability of funds for authority to conduct a demonstration project. the United Nations Population Fund. Pages S14070±72, S14074 Pages S14036±45, S14049 (28) McConnell (for Leahy) Amendment No. Withdrawn: 2756, to make available certain funds to UNIFEM. (1) Kerry Amendment No. 2732 (to committee Pages S14070±72, S14074 amendment on page 23, line 10 through page 28, D 1130 CONGRESSIONAL RECORD — DAILY DIGEST September 21, 1995 line 5), to strike provisions which provide funds to appropriations for the Legislative Branch for the fis- establish FBI Legal Attache offices and related pro- cal year ending September 30, 1996, on Friday, Sep- grams in certain foreign countries and for inter- tember 22, 1996, with a vote to occur thereon. national law enforcement training and cooperation in Page S14100 Central Europe and the New Independent States. District of Columbia Appropriations, 1996— Pages S14045±49 Agreement: A unanimous-consent agreement was (2) Kerry Amendment No. 2733 (to committee reached providing for the consideration of S. 1244, amendment on page 29, lines 17–24), to strike pro- making appropriations for the government of the visions which provide funds to establish and main- District of Columbia and other activities chargeable tain an FBI Legal Attache office in Cairo, Egypt. in whole or in part against the revenues of said Dis- Pages S14045±49 trict for the fiscal year ending September 30, 1996, (3) Bingaman Amendment No. 2728, to allow on Friday, September 22, 1996. Page S14100 residents of the United States to send to their imme- Messages From the President: Senate received the diate family members in Cuba small amounts of following messages from the President of the United money to pay for basic necessities such as food, States: clothing, and medical care. Pages S14034±36 (4) Bingaman Amendment No. 2731 (to Amend- Transmitting the report entitled ‘‘Highway Safety: ment No. 2728), to allow residents of the United 1994’’; referred to the Committee on Commerce, States to send to their immediate family members in Science, and Transportation. (PM—83). Page S14083 Cuba small amounts of money to pay for basic neces- Nominations Received: Senate received the follow- sities such as food, clothing, and medical care. ing nominations: Pages S14037±38 John Wade Douglass, of Virginia, to be an Assist- (5) Murkowski Amendment No. 2712, to set ant Secretary of the Navy. Page S14106 forth requirements for implementation of the Agreed Messages From the President: Page S14083 Framework Between the United States and North Messages From the House: Pages S14083±84 Korea Act relating to the Korean Peninsula Energy Development Organization. Page S14050 Measures Referred: Page S14084 (6) Helms (for Dole/Helms) Amendment No. Communications: Pages S14084±85 2707 (to committee amendment on page 2, line 25), Petitions: Page S14085 to provide for the streamlining and consolidation of the foreign affairs agencies of the United States. (By Executive Reports of Committees: Pages S14085±87 43 yeas to 57 nays (Vote No. 457), Senate earlier Statements on Introduced Bills: Page S14087 failed to table the amendment.) Additional Cosponsors: Page S14087 Pages S14019±26, S14050 Amendments Submitted: Pages S14087±96 Senate insisted on its amendments, requested a conference with the House thereon, and the Chair Authority for Committees: Page S14096 appointed the following conferees: Senators McCon- Additional Statements: Pages S14096±S14100 nell, Specter, Mack, Gramm, Jeffords, Gregg, Shel- Record Votes: Five record votes were taken today. by, Hatfield, Leahy, Inouye, Lautenberg, Harkin, (Total—458) Pages S14005, S14019, S14049, S14050, Mikulski, Murray, and Byrd. Page S14081 S14081 Mercury-Containing Battery Management Act: Recess: Senate convened at 9:15 a.m., and recessed Senate passed S. 619, to phase out the use of mer- at 8:16 p.m., until 9:30 a.m., on Friday, September cury in batteries and provide for the efficient and 22, 1995. (For Senate’s program, see the remarks of cost-effective collection and recycling or proper dis- the Acting Majority Leader in today’s RECORD on posal of used nickel cadmium batteries, small sealed page S14105.) lead-acid batteries, and certain other batteries, after agreeing to committee amendments. Pages S14100±03 Committee Meetings Military Construction Appropriations, 1996 Con- ference Report-Agreement: A unanimous-consent (Committees not listed did not meet) agreement was reached providing for the consider- NOMINATIONS ation of the conference report on H.R. 1817, making Committee on Armed Services: Committee ordered favor- appropriations for military construction, family hous- ably reported the nomination of John T. Conway, of ing, and base realignment and closure for the De- New York, to be a Member of the Defense Nuclear partment of Defense for the fiscal year ending Sep- Facilities Safety Board, and 2,421 military nomina- tember 30, 1996, on Friday, September 22, 1996, tions in the Army, Navy, Marine Corps, and Air with a vote to occur thereon. Page S14100 Force. Legislative Branch Appropriations, 1996 Con- Also, committee concluded hearings on the nomi- ference Report—Agreement: A unanimous-consent nation of Gen. John M. Shalikashvili, United States agreement was reached providing for the consider- Army, for reappointment as Chairman of the Joint ation of the conference report on H.R. 1854, making Chiefs of Staff, Department of Defense, after the September 21, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 1131 nominee testified and answered questions in his own mony from George E. Moose, Assistant Secretary of behalf. State for African Affairs; John F. Hicks, Sr., Assist- DUAL USE EXPORT CONTROL PROGRAM ant Administrator for Africa, Agency for Inter- Committee on Banking, Housing, and Urban Affairs: national Development; Vince Kern, Deputy Assistant Subcommittee on International Finance concluded Secretary of Defense for African Affairs; Jim Bishop, oversight hearings on the implementation of the former U.S. Ambassador to Liberia, and Janet dual use export control program, after receiving tes- Fleishman, Human Rights Watch/Africa, both of timony from William A. Reinsch, Under Secretary Washington, D.C.; and Ellwood Dunn, University of of Commerce for Export Administration; Thomas E. the South, Sewanee, Tennessee. McNamara, Assistant Secretary of State for Political- BUDGET RECONCILIATION Military Affairs; and Peter M. Sullivan, Deputy Di- Committee on the Judiciary: Committee completed its rector, Defense Technology Security Administration, review of certain spending reductions and revenue Department of Defense. increases to meet reconciliation expenditures as im- BUSINESS MEETING posed by H. Con. Res. 67, setting forth the congres- Committee on Energy and Natural Resources: Committee sional budget for the United States Government for ordered favorably reported the following bills: fiscal years 1996, 1997, 1998, 1999, 2000, 2001, H.R. 1266, to provide for the exchange of lands and 2002, and agreed on recommendations which it within Admiralty Island National Monument in will make thereon to the Committee on the Budget. Alaska; and RUBY RIDGE S. 755, to provide for the privatization of the Committee on the Judiciary: Subcommittee on Terror- United States Enrichment Corporation. ism, Technology, and Government Information con- Also, committee completed its review of certain tinued hearings to examine certain Federal law en- spending reductions and revenue increases to meet forcement actions with regard to the 1992 incident reconciliation expenditures as imposed by H. Con. at Ruby Ridge, Idaho, receiving testimony from Res. 67, setting forth the congressional budget for Larry A. Potts, former Assistant Director, and Danny the United States Government for fiscal years 1996, O. Coulson, former Deputy Assistant Director, both 1997, 1998, 1999, 2000, 2001, and 2002, and of the Criminal Investigative Division, W. Douglas agreed on recommendations which it will make Gow, former Associate Deputy Director, Investiga- thereon to the Committee on the Budget. tions Division, and Robin L. Montgomery, former LIBERIA Special Agent in Charge (Portland, Oregon), all of Committee on Foreign Relations: Subcommittee on Afri- the Federal Bureau of Investigation, Department of can Affairs concluded hearings to examine United Justice. States policy toward Liberia, after receiving testi- Hearings continue tomorrow. h House of Representatives dum be heard by a 3-judge court (H. Rept. Chamber Action 104–257); Bills Introduced: 22 public bills, H.R. 2370–2387, H. Res. 228, providing for the consideration of 2389–2392; 1 private bill, H.R. 2388; and 1 resolu- H.R. 1601, to authorize appropriations to the Na- tion, H. Con. Res. 103 were introduced. tional Aeronautics and Space Administration to de- Pages H9451±52 velop, assemble, and operate the International Space Reports Filed: Reports were filed as follows: Station (H. Rept. 104–258); H.R. 2277, to abolish the Legal Services Corpora- Conference report on H.R. 1977, making appro- tion and provide the States with money to fund priations for the Department of Interior and related qualified legal services, amended (H. Rept. agencies for the fiscal year ending September 30, 104–255); 1996 (H. Rept. 104–259); and H. Res. 226, providing for the consideration of H.R. 743, to amend the National Labor Relations H.R. 1756, to abolish the Department of Com- Act to allow labor-management cooperation efforts merce, amended (H. Rept. 104–260, Part 1). that improve economic competitiveness in the Unit- Pages H9399, H9431±51 ed States to continue to thrive (H. Rept. 104–256); Speaker Pro Tempore: Read a letter from the H. Res. 227, providing for the consideration of Speaker wherein he designates Representative H.R. 1170, to provide that cases challenging the Hayworth to act as Speaker pro tempore for today. constitutionality of measures passed by State referen- Page H9365 D 1132 CONGRESSIONAL RECORD — DAILY DIGEST September 21, 1995

Cuban Liberty and Solidarity Act: By a recorded ference: Spence, Hefley, Jones, Ortiz, and Montgom- vote of 294 ayes to 130 noes, Roll No. 683, the ery. House passed H.R. 927, to seek international sanc- From the Committee on National Security, for tions against the Castro government in Cuba, and to consideration of sections 4001–4801 of the Senate plan for support of a transition leading to a demo- amendment, and modifications committed to con- cratically elected government in Cuba. ference: Spence, Stump, Torkildsen, Watts of Okla- Pages H9368±99 homa, Longley, Dellums, Edwards, and Peterson of Agreed to the amendment in the nature of a sub- Florida. stitute made in order by the rule (text of H.R. As additional conferees from the Permanent Select 2347). Page H9398 Committee on Intelligence, for consideration of mat- Agreed to the Wynn amendment that permits the ters within the jurisdiction of that committee under Treasury Department to support Cuban membership clause 2 of rule XLVIII: Combest, Young of Florida, in international financial institutions once a transi- and Dicks. tional government is in power in Cuba. As additional conferees from the Committee on Pages H9393±96 Agriculture, for consideration of sections 2851–2857 Rejected the McDermott amendment in the na- of the Senate amendment, and modifications com- ture of a substitute that sought to add language to mitted to conference: Roberts, Allard, LaHood, de la permit the export of staple foods and medical items Garza, and Johnson of South Dakota. to Cuba (rejected by a recorded vote of 138 ayes to As additional conferees from the Committee on 283 noes, Roll No. 682). Pages H9377±93 Commerce, for consideration of sections 601 and The Stearns amendment was offered but subse- 3402–3404 of the House bill and sections 323, 601, quently withdrawn that sought to prohibit funds 705, 734, 2824, 2851–2857, 3106–3107, 3166, and from being used for meetings between U.S. Govern- 3301–3302 of the Senate amendment, and modifica- ment officials and representatives of Cuba regarding tions committed to conference: Bliley, Schaefer, and the normalization of relations between the two coun- Dingell: Provided, That Oxley is appointed in lieu of tries unless Congress was notified 15 days in ad- Schaefer for consideration of sections 323, 2824, and vance. Page H9396 3107 of the Senate amendment: Provided further, Defense Authorizations: House disagreed to the That Bilirakis is appointed in lieu of Schaefer for Senate amendment to H.R. 1530, to authorize ap- consideration of section 601 of the House bill and propriations for fiscal year 1996 for military activi- sections 601, 705, and 734 of the Senate amend- ties of the Department of Defense, for military con- ment: Provided further, That Hastert is appointed in struction, and for defense activities of the Depart- lieu of Schaefer for consideration of sections ment of Energy, and to prescribe personnel strengths 2851–2857 of the Senate amendment. for such fiscal year for the Armed Forces; and agreed As additional conferees from the Committee on to a conference. Appointed as conferees: Economic and Educational Opportunities, for consid- From the Committee on National Security, for eration of section 394 of the House bill, and sections consideration of the House bill (except for sections 387 and 2813 of the Senate amendment, and modi- 801–803, 811–814, 826, 828–832, 834–838, fications committed to conference: Goodling, Riggs, 842–843, 850–896) and the Senate amendment (ex- and Clay. cept for sections 801–803, 815–818, 2851–2857, As additional conferees from the Committee on and 4001–4801), and modifications committed to Government Reform and Oversight, for consider- conference: Spence, Stump, Hunter, Kasich, Bate- ation of sections 332–333, and 338 of the House man, Hansen, Weldon of Pennsylvania, Dornan, bill, and sections 333 and 336–343 of the Senate Hefley, Saxton, Cunningham, Buyer, Torkildsen, amendment, and modifications committed to con- Fowler, McHugh, Watts of Oklahoma, Jones, ference: Clinger, Mica, Bass, Collins of Illinois, and Longley, Dellums, Montgomery, Schroeder, Skelton, Maloney. Sisisky, Spratt, Ortiz, Pickett, Evans, Tanner, As additional conferees from the Committee on Browder, Taylor of Mississippi, Abercrombie, Ed- government reform and oversight, for consideration wards, and Peterson of Florida. of sections 801–803, 811–814, 826, 828–832, From the Committee on National Security, for 834–840, and 842–843 of the House bill, and sec- consideration of sections 801–803, 811–814, 826, tions 801–803 and 815–818 of the Senate amend- 828–832, 834–838, 842–843, and 850–896 of the ment, and modifications committed to conference: House bill and sections 801–803 and 815–818 of Representatives Clinger, Horn, Davis, Collins of Illi- the Senate amendment, and modifications committed nois, and Maloney. to conference: Spence, Stump, Watts of Oklahoma, As additional conferees from the Committee on Dellums, and Spratt. Government Reform and Oversight, for consider- From the Committee on National Security, for ation of sections 850–896 of the House bill, and consideration of sections 2851–2857 of the Senate modifications committed to conference: Representa- amendment, and modifications committed to con- tives Clinger, Davis, and Collins of Illinois. September 21, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 1133

As additional conferees from the Committee on to instruct House conferees to insist that the total Government Reform and Oversight, for consider- amount authorized for the Operations and Mainte- ation of sections 4001–4801 of the Senate amend- nance accounts be not less than the total amounts ment, and modifications committed to conference: authorized in section 301 of H.R. 1530. Representatives Clinger, Schiff, Zeliff, Horn, Davis, Pages H9399±H9402 Collins of Illinois, Maloney, and Spratt. By a yea-and-nay vote of 414 years to 1 nay, Roll As additional conferees from the Committee on No. 685, the House agreed to the Spence motion House Oversight, for consideration of section 1077 that the conference committee meetings on H.R. of the Senate amendment, and modifications com- 1530 be closed to the public at such times as classi- mitted to conference: Representatives Thomas, Rob- fied national security information is under consider- erts, and Hoyer. ation, except that any Member of Congress has the As additional conferees from the Committee on right to attend any closed or open meeting. International Relations, for consideration of sections Pages H9402±03 231–232, 235, 237–238, 242, 244, 1101–1108, Legislative Program: The Majority Leader an- 1201, 1213, 1221–1230, and 3131 of the House bill nounced the legislative program for the week of Sep- and sections 231–233, 237–238, 240–241, 1012, tember 25. Agreed to adjourn from Thursday to 1041–1044, 1051–1064, and 1099 of the Senate Monday; and agreed to return from Monday Septem- amendment, and modifications committed to con- ber 25 until noon on Wednesday, September 27. ference: Representatives Gilman, Goodling, Roth, Pages H9403±05 Bereuter, Smith of New Jersey, Hamilton, Gejden- Calendar Wednesday: Agreed to dispense with Cal- son, and Lantos. endar Wednesday business of September 27. As additional conferees from the Committee on Page H9405 the Judiciary, for consideration of sections 831 (only Presidential Message—Read a message from the as it adds a new section 27(d) to the Office of Fed- President wherein he transmits the 1994 reports pre- eral Procurement Policy Act), and 850–896 of the pared by the Department of Transportation on ac- House bill and sections 525, 1075, and 1098 of the tivities under the Highway Safety Act, the National Senate amendment, and modifications committed to Traffic and Motor Vehicle Safety Act of 1966, and conference: Representatives Hyde, Gekas, and Con- the Motor Vehicle Safety Act of 1972, as amended— yers. referred to the Committees on Transportation and As additional conferees from the Committee on Infrastructure and Commerce. Pages H9450±51 Rules, for consideration of section 3301 of the Senate Referral: One Senate-passed measure was referred to amendment, and modifications committed to con- the appropriate House committee. Page H9451 ference: Representatives Solomon, Dreier, and Beil- enson. Senate Messages: Messages received from the Senate As additional conferees from the Committee on today appear on page H9365. Science, for consideration of sections 203, 211, and Quorum Calls—Votes: Two yea-and-nay votes and 214 of the House bill and sections 220–221, 3137, two recorded votes developed during the proceedings 4122(a)(3), 4161, 4605, and 4607 of the Senate of the House today and appear on pages H9393, amendment, and modifications committed to con- H9398–99, H9401–02, and H9402–03. ference: Representatives Walker, Sensenbrenner, and Adjournment: Met at 10 a.m. and adjourned at Brown of California. 5:45 p.m. As additional conferees from the Committee on Transportation and Infrastructure, for consideration Committee Meetings of sections 223, 322, 2824, and 2851–2857 of the THRIFT CHARTER CONVERGENCE ACT Senate amendment, and modifications committed to conference: Representatives Shuster, Weller, and Committee on Banking and Financial Services: Sub- Oberstar. committee on Financial Institutions and Consumer As additional conferees from the Committee on Credit held a hearing on the Thrift Charter Conver- Veterans’ Affairs, for consideration of section 2806 of gence Act of 1995. Testimony was heard from Alan the House bill and sections 644–645 and 4604 of Greenspan, Chairman, Board of Governors, Federal the Senate amendment, and modifications committed Reserve System; Ricki Helfer, Chairman, FDIC; the to conference: Representatives Smith of New Jersey, following officials of the Department of the Treas- Hutchinson, and Kennedy of Massachusetts. ury; John Hawke, Under Secretary, Domestic Fi- As additional conferees from the Committee on nance; and Jonathan L. Fiechter, Director, Office of Ways and Means, for consideration of sections 705, Thrift Supervision; and public witnesses. 734, and 1021 of the Senate amendment, and modi- TRANSFORMATION OF THE MEDICAID fications committed to conference: Archer, Thomas, PROGRAM and Stark. Pages H9399±H9403 Committee on Commerce: Continued markup of Trans- By a yea-and-nay vote of 415 yeas to 2 nays, Roll formation of the Medicaid Program. No. 684, the House agreed to the Dellums motion Will continue tomorrow. D 1134 CONGRESSIONAL RECORD — DAILY DIGEST September 21, 1995

DEPARTMENT OF COMMERCE publication of roll call votes in committee reports) DISMANTLING ACT; FEDERAL REPORTS against consideration of the bill. The rule makes in ELIMINATION AND SUNSET ACT order the Committee on Economic and Educational Committee on Government Reform and Oversight: Ordered Opportunities amendment in the nature of a sub- reported amended the following bills: H.R. 1756, stitute as an original bill for the purpose of amend- Department of Commerce Dismantling Act (Title I); ment, with each section considered as read. The rule and S. 790, Federal Reports Elimination and Sunset authorizes the Chair to accord priority in recognition Act of 1995. to Members who have pre-printed their amendments in the CONGRESSIONAL RECORD. Finally, the rule RECOMMENDATIONS—DEPARTMENT OF provides one motion to recommit, with or without COMMERCE DISMANTLING ACT; instructions. Testimony was heard from Chairman RECONCILIATION INSTRUCTIONS Goodling and Representatives Kildee and Moran. Committee on International Relations: Approved rec- THREE-JUDGE COURT REVIEW FOR STATE- ommendations to be forwarded to The Speaker with WIDE REFERENDA ACT respect to H.R. 1756, Department of Commerce Committee on Rules: Granted, by voice vote, an open Dismantling Act. rule providing 1 hour of debate on H.R. 1170, to The Committee also began markup of the Com- provide that cases challenging the constitutionality mittee’s Response to the House’s Reconciliation In- of measures passed by State referendum be heard by structions. a three-judge court. The rule makes in order the Ju- Will continue September 27. diciary Committee amendment in the nature of a CAMBODIA substitute as the original bill for purpose of amend- ment, and each section shall be considered as read. Committee on International Relations: Subcommittee on The rule gives priority in recognition to Members Asia and the Pacific held a hearing on Cambodia: who have pre-printed amendments in the CONGRES- Prospects for Prosperity and Peace. Testimony was SIONAL RECORD prior to their consideration. Finally, heard from Winston Lord, Assistant Secretary, East the rule provides one motion to recommit, with or Asian and Pacific Affairs, Department of State; and without instructions. Testimony was heard from public witnesses. Representatives Moorhead, Bono and Schroeder. IMMIGRATION IN THE NATIONAL INTERNATIONAL SPACE STATION INTEREST ACT AUTHORIZATION ACT Committee on the Judiciary: Continued markup of H.R. Committee on Rules: Granted, by voice vote, an open 2202, Immigration in the National Interest Act of rule providing 1 hour of debate on H.R. 1601, 1995. International Space Station Authorization Act of Will continue September 27. 1995. The rule makes in order the amendment in MISCELLANEOUS MEASURES; OVERSIGHT— the nature of a substitute recommended by the Com- FISH HATCHERIES mittee on Science as an original bill for the purpose Committee on Resources: Subcommittee on Fisheries, of amendment, and provides that each section be Wildlife and Oceans held a hearing on the follow- considered as read. The rule gives priority in rec- ing: H.R. 33, Stuttgart National Aquaculture Re- ognition to Members who have pre-printed amend- ments in the CONGRESSIONAL RECORD prior to their search Center Act of 1995; H.R. 1358, to require consideration. Finally, the rule provides one motion the Secretary of Commerce to convey to the Com- to recommit, with or without instructions. Testi- monwealth of Massachusetts the National Marine mony was heard from Chairman Walker and Rep- Fisheries Service laboratory located on Emerson Ave- resentative Hall of Texas. nue in Gloucester, MA; and an oversight hearing on Fish Hatcheries. Testimony was heard from Rep- AMTRAK REFORM AND PRIVATIZATION resentatives Torkildsen, Lincoln, Deal of Georgia, ACT Pomeroy, Graham and Whitfield; Mollie Beattie, Committee on Transportation and Infrastructure: Ordered Director, U.S. Fish and Wildlife Service, Department reported amended H.R. 1788, Amtrak Reform and of the Interior; Floyd Horn, Deputy Under Secretary, Privatization Act of 1995. Research, Education, and Economics, USDA; Allen RESOLUTIONS; FCC LEASE Peterson, Director, Northeast Fisheries Science Cen- CONSOLIDATION ter, National Marine Fisheries Service, NOAA, De- partment of Commerce; and public witnesses. Committee on Transportation and Infrastructure: Sub- committee on Public Buildings and Economic De- TEAMWORK FOR EMPLOYEES AND velopment approved for full Committee action the MANAGERS ACT following: 34 lease resolutions; 1 11(b) resolution; Committee on Rules: Granted, by voice vote, an open and 2 amended prospectus resolutions. rule providing 1 hour of debate on H.R. 743, Team- The Subcommittee also held a briefing on FCC work for Employees and Managers Act of 1995. The lease consolidation in Washington, DC. The Sub- rule waives clause 2(l)(2)(B) of rule XI (requiring the committee was briefed by William Larson, Assistant September 21, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 1135 Regional Administrator, Public Buildings Service, Committee on Governmental Affairs, business meeting, to National Capitol Region, GSA. consider recommendations which it will make to the TRADE AGREEMENTS AUTHORITY ACT; Committee on the Budget with respect to spending re- ductions and revenue increases to meet reconciliation ex- BUDGET RECONCILIATION penditures as imposed by H. Con. Res. 67, setting forth RECOMMENDATIONS: TRADE the congressional budget for the United States Govern- ADJUSTMENT ASSISTANCE ment for fiscal years 1996, 1997, 1998, 1999, 2000, Committee on Ways and Means: Ordered reported 2001, and 2002, 10 a.m., SD–342. amended H.R. 2371, Trade Agreements Authority Committee on the Judiciary, Subcommittee on Constitu- Act of 1995. tion, Federalism, and Property Rights, to hold joint hear- The Committee also approved Budget Reconcili- ings with the House Committee on Judiciary’s Sub- ation Recommendations: Trade Adjustment Assist- committee on Constitution to examine the status and fu- ance. ture of affirmative action, focusing on minority contract- ing, 10 a.m., SD–226. BOSNIA BRIEFING Subcommittee on Terrorism, Technology, and Govern- Permanent Select Committee on Intelligence: Met in execu- ment Information, to continue hearings to examine cer- tive session to receive a classified briefing. The Com- tain Federal law enforcement actions with regard to the mittee was briefed by departmental witnesses. 1992 incident at Ruby Ridge, Idaho, 10 a.m., SH–216. Committee on Labor and Human Resources, business meet- Joint Meetings ing, to consider recommendations which it will make to the Committee on the Budget with respect to spending APPROPRIATIONS—TRANSPORTATION reductions and revenue increases to meet reconciliation Conferees met to resolve the differences between the expenditures as imposed by H. Con. Res. 67, setting Senate- and House-passed versions of H.R. 2002, forth the Congressional Budget for the United States making appropriations for the Department of Trans- Government for fiscal years 1996 through 2002, and to portation and related agencies for the fiscal year end- consider pending nominations, 9:30 a.m., SD–430. ing September 30, 1996, but did not complete ac- tion thereon, and recessed subject to call. House APPROPRIATIONS—DEFENSE Committee on Commerce, to continue markup of Trans- formation of the Medicaid Program, 9 a.m., 2123 Ray- Conferees continued in closed evening session to re- burn. solve the differences between the Senate- and House- Committee on Ways and Means, hearing on Saving Medi- passed versions of H.R. 2126, making appropriations care, 10 a.m., 1100 Longworth. for the Department of Defense for the fiscal year ending September 30, 1996. Joint Meetings f Joint Hearing: Senate Committee on the Judiciary, Sub- committee on Constitution, Federalism, and Property COMMITTEE MEETINGS FOR FRIDAY, Rights, to hold joint hearings with the House Committee SEPTEMBER 22, 1995 on Judiciary’s Subcommittee on Constitution to examine (Committee meetings are open unless otherwise indicated) the status and future of affirmative action, focusing on Senate minority contracting, 10 a.m., SD–226. Committee on Banking, Housing, and Urban Affairs, to hold hearings to review the Federal Reserve’s Semi-An- nual Monetary Policy Report of 1995, 10 a.m., SD–106. D 1136 CONGRESSIONAL RECORD — DAILY DIGEST September 21, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, September 22 12 noon, Monday, September 25

Senate Chamber House Chamber Program for Friday: Senate will consider the Conference Program for Monday: No legislative business is sched- Report on H.R. 1817, Military Construction Appropria- uled. tions, 1996, S. 1244, District of Columbia Appropria- tions, 1996, and the Conference Report on H.R. 1854, Legislative Branch Appropriations, 1996.

Extensions of Remarks, as inserted in this issue

HOUSE Cubin, Barbara, Wyo., E1831 Gilman, Benjamin A., N.Y., E1822, E1824 Davis, Thomas M., Va., E1831 Kanjorski, Paul E., Pa., E1827 Ballenger, Cass, N.C., E1826 Dicks, Norman D., Wash., E1821 Maloney, Carolyn B., N.Y., E1825 Barcia, James A., Mich., E1828 Dunn, Jennifer, Wash., E1823 Meek, Carrie P., Fla., E1828 Bonior, David E., Mich., E1829 Ehlers, Vernon J., Mich., E1827 Morella, Constance A., Md., E1829 Brown, Sherrod, Ohio, E1830 Eshoo, Anna G., Calif., E1823 Packard, Ron, Calif., E1829 Burr, Richard, N.C., E1824 Filner, Bob, Calif., E1830 Pastor, Ed, Ariz., E1830 Camp, Dave, Mich., E1829 Frelinghuysen, Rodney P., N.J., E1826 Roth, Toby, Wis., E1832 Conyers, John, Jr., Mich., E1832 Gallegly, Elton, Calif., E1825 Roybal-Allard, Lucille, Calif., E1823 Cooley, Wes, Ore., E1828 Ganske, Greg, Iowa, E1824 Stokes, Louis, Ohio, E1823, E1827 Coyne, William J., Pa., E1828 Gephardt, Richard A., Mo., E1831 Williams, Pat, Mont., E1831

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