S12556 CONGRESSIONAL RECORD — SENATE September 5, 1995 East-West tension. But where those im- The assistant legislative clerk pro- these years. They are fine, caring peo- provements that still have value are ceeded to call the call the roll. ple who put their trust in me all these being returned to the host government, Mr. EXON. Mr. President, I ask unan- years, tolerated my eccentricities, and we are entitled to compensation in the imous consent that the order for the gave me great affection. And I only form of direct payments or in-kind quorum call be rescinded. pray that I repaid their trust and payments. This amendment should The PRESIDING OFFICER (Mr. served them faithfully. help improve the chances of success in THOMPSON). Without objection, it is so And I will particularly miss this won- that effort. ordered. derful Senate and you, the men and The PRESIDING OFFICER. The Sen- Mr. EXON. Mr. President, per the ar- women who serve here. Let me say ator from South Carolina. rangement that I have made with the again, almost without exception, each Mr. THURMOND. Mr. President, we manager of the bill, Senator STROM of us believes he or she can make a have no objections to this amendment. THURMOND, I would like to ask unani- positive difference to our Nation’s We believe the American people should mous consent at this time that the well-being. have a full accounting of the property Senator from Rhode Island be allowed This Senate seat from my State has that our Armed Forces turn over to to continue as if in morning business been held for six decades by a forward- Germany and should receive a fair re- for as much time as he may need, and thinking Democrat, first by Theodore turn on 50 years of improvements made that following the conclusion of his re- Francis Green, and then by me. And I to these properties. I congratulate Sen- marks we return to the regular order. want to make it clear today that I am ator LEVIN on his amendment. The PRESIDING OFFICER. Without intent on doing all I can to ensure that The PRESIDING OFFICER. Is all objection, it is so ordered. another progressive Democrat is elect- time yielded back? The Senator from Rhode Island. ed to fill this seat. Mr. THURMOND. We yield our time. Mr. PELL. Mr. President, I thank my And I also plan to do what I can to Mr. LEVIN. I yield back the remain- friend and colleague very much. assist in the reelection of President der of our time. f Clinton, whom I consider a sadly un- The PRESIDING OFFICER. If there derrated and really quite successful ANNOUNCEMENT OF RETIREMENT be no further debate, the question is on President. He has served our country agreeing to the amendment. Mr. PELL. Mr. President, I wish to with intelligence and vision and pas- The amendment (No. 2216) was agreed state that this morning in Providence I sion, and I firmly believe he deserves to. announced my decision not to seek re- another term. Mr. THURMOND. Mr. President, I election to the Senate next year. Beyond that, I have no concrete move to reconsider the vote. This afternoon, I wanted to formally Mr. LEVIN. I move to lay that mo- plans. I will stay active, stay engaged make that decision known to my col- in some kind of public service and will tion on the table. leagues, and to share with you all the The motion to lay on the table was continue to cherish my association thoughts I conveyed to my Rhode Is- agreed to. with Rhode Island and its wonderful land constituents. Mr. LEVIN. Mr. President, I suggest people. This was not an easy decision for me. the absence of a quorum. I yield the floor. The PRESIDING OFFICER. The I regret that it is fashionable today to Mr. EXON addressed the Chair. clerk will call the roll. malign the Congress, to malign the The PRESIDING OFFICER. The Sen- The assistant legislative clerk pro- Federal Government, and to malign ator from Nebraska. ceeded to call the roll. those of us who serve the public in Mr. EXON. Mr. President, I ask unan- Mr. LEVIN. Mr. President, I ask elective office. imous consent that morning business unanimous consent that the order for I, however, consider this U.S. Senate be continued for whatever time is nec- the quorum call be rescinded. a marvelous institution full of talented essary for any Senator who wishes to The PRESIDING OFFICER. Without and committed men and women who, make remarks with regard to the an- objection, it is so ordered. contrary to public belief, are dedicated nouncement that we have just heard Mr. LEVIN. Mr. President, I ask to serving our constituents and to im- from the distinguished Senator from unanimous consent that Senator LAU- proving the quality of our national life. Rhode Island. TENBERG of New Jersey be added as an And I continue to believe that gov- The PRESIDING OFFICER. Without original cosponsor to the residual value ernment—and the Federal Government objection, it is so ordered. amendment which we just agreed to, in particular—can, should, and does f No. 2216. make a positive impact on the lives of The PRESIDING OFFICER. Without most Americans. Federal programs and RETIREMENT OF SENATOR objection, it is so ordered. agencies do not always work perfectly, CLAIBORNE PELL DISPOSAL OF BONAIRE HOUSING and many need reform. But they were Mr. EXON. Mr. President, we have Mr. COHEN. I would like to bring to conceived to help people, and I believe just heard the announcement in the the manager’s attention a problem most continue to do so. typical style of the great Senator from with the disposal of surplus property in When you believe as strongly as I do the State of Rhode Island. Certainly, Presque Isle, ME, from the former in the value of good government and he has left his mark. I will not be here Loring Air Force Base. The designated see some of its virtues under attack, to miss him at the conclusion of his local reuse authority is having dif- there is a great temptation to continue term but others will miss him. The in- ficulty with the Department of Interior to serve and to fight for those values stitution of the Senate will miss him in the disposal of the Federal property and those programs that we consider because I can say that I know of no one known as the BonAire Housing Com- vital. who has been more forthright in dem- plex. I understand that it is the inten- As to my health, I have been assured onstrating to his colleagues in the Sen- tion of the chairman to assist the that there is no medical barrier to my ate and the folks that he has so ably Maine delegation in resolving this mat- seeking reelection and serving another represented back home in Rhode Island ter. 6-year term. I feel strong and healthy what a U.S. Senator should be, what a Mr. THURMOND. The Senator from and continue my 2-mile runs. U.S. Senator is all about. Maine is correct. I will be pleased to However, I decided not to be a can- CLAIBORNE PELL has been a man of work to address this issue in an appro- didate for reelection. outstanding character, a very hard- priate manner. There is a natural time for all life’s working, dedicated soldier for the Sen- Mr. COHEN. I thank the distin- adventures to come to an end, and this ate and for the United States of Amer- guished Chairman for his assistance on period of 36 years would seem to me ica and, of course, for Rhode Island. this matter. about the right time for my service in Certainly, he has distinguished him- Mr. LEVIN. I suggest the absence of the Senate to end. self in many areas during his term of a quorum. I know I will miss more than any- service. Most distinguished, I suspect, The PRESIDING OFFICER. The thing else the people of Rhode Island has been the steady hand he has pro- clerk will call the roll. which it has been my pleasure to serve vided as a very senior member of the

VerDate Aug 31 2005 06:53 May 28, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05SE5.REC S05SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 5, 1995 CONGRESSIONAL RECORD — SENATE S12557 Foreign Relations Committee. He is them because of the extent to which we have jogged, we have seen, usually the former chairman of the Foreign Re- his name is attached to them, but that ahead of us, a solitary figure out there, lations Committee. The people of the is only the beginning of his service. sometimes uniquely wearing a tweed world will miss the steady hand that I think also of not only the other coat while jogging—we do not see this CLAIBORNE PELL has always provided. work he has done to support public often on the track—none other than During my terms in the Senate, I education and broadening opportunity our beloved Senator CLAIBORNE PELL. have considered him a model of con- in this country but the pioneering So at this moment I consider myself sistency, thoughtfulness, a true gen- work—and often the lonely work—he fortunate that by a twist of fate I tleman of the Senate, the likes of has done on behalf of the rule of law in should be on the floor to express my which we may never have seen before, international relations. He carries great admiration for Senator PELL, my probably the likes of which we will around in his pocket the charter of the thanks to him for the model, the stand- never see again. United Nations. I do not know of an- ard he set up for so many of the rest of CLAIBORNE, congratulations on your other Member of Congress—there it us who serve here and my best wishes outstanding statement. I wish you is—who does that. to him that he and his wonderful fam- well. The most exciting part of your CLAIBORNE PELL was there when the ily have good luck and all of God’s speech to me was you indicated you charter was put together and ratified, blessings in the many years that I still would be active, you still would be and his service in this Chamber has know he has ahead. around, you still would be fighting the been a service that respected and at- [Applause, Senators rising.] principles that have been your hall- tempted to give meaning and life to the Mr. LIEBERMAN. Mr. President, I mark all during the time you have great hopes and principles for inter- yield the floor. Mr. CHAFEE addressed the Chair. been a Member of this body. Thank you national law expressed in that charter. The PRESIDING OFFICER. The Sen- so much for your contribution of a per- He has pursued individually and as ator from Rhode Island. sonal nature. Thank you so very much chairman of the Senate Foreign Rela- HONORING SENATOR CLAIBORNE PELL for your friendship over the years. tions Committee ratification of trea- Mr. CHAFEE. I wish to make a few Mr. President, I yield the floor. ties that would have sat dormant, trea- comments about my colleague from Mr. THURMOND addressed the Chair. ties that expressed hopes, offered the Rhode Island, Senator PELL, who today The PRESIDING OFFICER. The Sen- opportunity to realize and create some announced that after 36 years in this ator from South Carolina. rule of law and morality in inter- Mr. THURMOND. Mr. President, we Chamber he will be retiring. national affairs where they might not This decision obviously cannot es- just heard the announcement by the otherwise exist. cape the reflection of the Senate whose Senator from Rhode Island [Mr. PELL], This is an extraordinary legacy, a Chamber has been given such dignity, that he is not going to run again. Sen- legacy of substantial accomplishment. such courtesy, such statesmanship ator PELL is a man of integrity. He is But I wish to say at this time—and it through the dedicated service of CLAI- a man of ability. He is a man of dedica- is not all that one wants to say, but I BORNE PELL. Nor can this announce- tion. We have all enjoyed serving with do want to say in the midst of a time ment be taken lightly by our State, him. He served ably as the Foreign Re- in our politics when people have be- our joint State of Rhode Island. Our lations Committee chairman some come all too vicious and partisan, small State, as you can expect, makes years ago and did a good job. We are where people strive too often for polit- big demands on its Senate delegation. going to feel a void in the Senate when ical advantage as opposed to public We all know that the Senate was cre- Senator PELL leaves. service, CLAIBORNE PELL has estab- ated in the Constitution in order to I wish to say to you that your col- lished a very high standard of public protect the smaller States from the leagues here in the Senate feel most service and public civility. will of the larger, more powerful, more kindly toward you. They think highly Earlier this year, the Speaker of the prosperous States over the smaller of you. They wish you well. We hope House, Mr. GINGRICH, talked about the ones. And over the years, different you enjoy good health. Good luck. God need to renew American civilization—a events have created special needs in bless you and God bless all you have worthy goal. our State that only the Federal Gov- stood for while you were here. But it strikes me that we will not ernment has been able to adequately Mr. LIEBERMAN. Mr. President, the ever get to renewing American civiliza- address. announcement that Senator PELL has tion unless we can renew American ci- Now, there is no doubt, Mr. Presi- made today that he will retire from the vility in our public and private lives. dent, that the Senate and the State of Senate at the end of this term obvi- And by private lives I mean in the life Rhode Island will miss Senator PELL. ously in one sense fills us with sadness of our community and in the basic Over 35 years—and 36 when he fin- because we will no longer have the ben- interaction that we bring to our fami- ishes—he has served our Nation and his efit of his service and the pleasure of lies, to our neighborhoods, to our com- State with great distinction. He not his company. In another sense, I would munities and that CLAIBORNE PELL has only lived up to the demands of his of- say it is not just sadness; it is a time brought to service in this body. This is fice, but, indeed, he left his handiwork to celebrate and express respect for an as a fellow New Englander, neighbor in on some of the most important areas extraordinary career of service in the Connecticut. I am very proud to think and policy that our Nation has encoun- Senate. CLAIBORNE PELL has run the that CLAIBORNE represents the best of tered. Let us just briefly take a look at race well and has an awful lot to be our long history in his steadfast and them. proud of. He leaves a legacy of great deep commitment to the best interests First, I believe Senator PELL will be accomplishment. of our country, in his wider vision of most remembered for his work in edu- I think we will not only think first service to the best interests of our cation, particularly providing for edu- but quite significantly of the Pell world, of humankind, and in the ex- cation for lower- and middle-income grants. I do not know how many recipi- tremely decent, thoughtful way he has families in this Nation of ours. Now, ents of those Pell grants, whose lives gone about arguing for principles and many of the younger people today, have been changed by the opportunity causes without ever being contentious even the younger Members of the Sen- Senator PELL’s legislative leadership or disagreeable. ate refer kind of casually to Pell gave them as poor people to receive an He has a wonderful family. His wife grants, as though they have always education, know exactly who CLAI- and children and grandchildren bring been there. But they have not. The BORNE PELL is, but they ought to know. him the greatest pleasures I have seen principle behind that program was not He is a man who came to the Senate when I have been with him. as widely accepted as today when they with a proud tradition of service in his As to this question of his physical were started by Senator PELL. family which he carried forward. He is condition, I can offer this personal tes- In recognition for the great accom- a man who has measured himself by his timony. My wife and I often jog on a plishment as the primary sponsor of accomplishments and by the principles small track at Georgetown University the legislation creating these grants, which his service has reflected. The right across the street from George- as I recall, it was a Republican, Sen- Pell grants may be the most visible of town Hospital. And many a morning as ator Javits, who proposed they be

VerDate Aug 31 2005 06:53 May 28, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05SE5.REC S05SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S12558 CONGRESSIONAL RECORD — SENATE September 5, 1995 named the Pell grants. It was that, I And that is important in our State that city on the occasion of the 50th think, that was a reflection of the bi- where we have had a series of mis- anniversary of the agreement to the partisanship that existed in the For- management and scandals and outright U.N. Charter. It was in a great hall, the eign Relations Committee and in the failures. And, indeed, many people of music, the opera where the ratification Labor Committee among Senator PELL our State have gotten very, very cyn- had taken place, and the delegates in and his colleagues. And, indeed, it ical about their elected officials, but what would have been, I dare not ask seems to me, as chairman of the For- not about Senator PELL, who has the Senator, I believe 56 countries. The eign Relations Committee, one of the stayed on the high road ever since he President looked up into the boxes and things that Senator PELL had always came into public life. said: ‘‘And CLAIBORNE PELL was strived for was bipartisanship, to reach So, Senator PELL will leave the Sen- present.’’ a consensus, to have matters reported ate a better place for his having been Indeed, he was on assignment from out unilaterally. That has been one of here. My father used to say, ‘‘Try to the military, the Coast Guard, his be- his goals. He certainly has achieved it. leave, wherever you have been, your Now, another example has been Sen- loved Coast Guard in which he served work station a better place than when valiantly in the Second World War. He ator PELL’s longstanding commitment you got there.’’ And certainly Senator carries that charter with him today, to protection of the oceans and the PELL has followed that admonition. His coastal resources of our country. He reminding a Senate and certainly an work station, this work station, the administration that sometimes seems has been a champion, originator of the Senate of the United States, is a better Sea Grant Program, which is part of to have forgot that we made promises place for his having been here. in those days in the aftermath, not yet the National Oceanic and Atmospheric He has left an example for all of us to Administration. And he has been the finished, of that extraordinary world aspire to. So it is with regret and affec- conflagration. leading Federal sponsor of the Univer- tion that I wish him well in the years sity of Rhode Island’s School of Ocean- to come and that he may enjoy the He carried that forward as chairman ography, which is the crown jewel of best of health and the pleasantries and of the Senate Committee on Foreign one of our State’s fine institutions of good times that come with his family Relations, by all understanding, the higher education. and with good health that I so hope senior committee of the Senate, with Senator PELL has demonstrated his that he will enjoy. its solemn responsibilities in peace and expertise in foreign affairs. He has been I thank the Chair. war. He has done so with a civility, a chairman of the Committee on Foreign I thank the distinguished Senator civility of which the Senator from Con- Relations for several years. He distin- from New York for letting me proceed. necticut spoke, that could only come guished himself as a man of peace. His Mr. MOYNIHAN addressed the Chair. from someone so deeply committed to active work to achieve agreements The PRESIDING OFFICER. The Sen- peace, having known war and having with other nations to limit chemical ator from New York. known the effort in the aftermath to weapons, for example, and nuclear HONORING SENATOR CLAIBORNE PELL create peace. weapons nonproliferation are matters Mr. MOYNIHAN. Mr. President, this He served behind the Iron Curtain in that he has worked on constantly ever Chamber has been graced with many a the Department of State. No other since he has been in this Chamber. fine and wondrous person. Rarely has a Member of this Chamber has ever done In addition, Senator PELL has been State sent two such. In the remarks of that. He did in what is now Slovakia in the leading advocate, the leading advo- the junior Senator from Rhode Island times that were difficult, tenuous and, cate in the Senate, for the betterment concerning his senior colleague, we in the case of his mission, dangerous. of our Nation’s cultural life, primarily have an example the Republic would do through his sponsorship and initiation He brought to the Senate floor two of well to consider. of the National Endowment for the the most important treaties for the I would think, sir, of two moments. Arts. And I think he will long be re- control of nuclear weapons in our his- The first—and I see the senior Senator membered for that likewise. No ques- tory. And if we may think that at last from Massachusetts on the floor—first tion about it. we may have achieved a measure of Beyond these overarching policy con- would be in 1960, November, the Presi- control, CLAIBORNE PELL will be re- dential election of that year. They cerns, Senator PELL has been a strong membered as the person who brought advocate for our State. And it is a were in a store front on Salina Street them forth as a common understanding pleasure that I have had in working in Syracuse, NY. And my wife Eliza- of this body, not a contentious, not a with him since the years that I have beth had persuaded Robert F. Kennedy ragged, not a narrow, but a firm com- been here on things like the preserva- that if his brother, then Senator Ken- mitment that the other nation in- tion of historic Cliff Walk in Newport nedy, could carry Syracuse, carry On- volved could accept because of that and the South East Light on Block Is- ondaga County and carry New York, unanimity. land or retaining the submarine con- and accordingly become President of Other Senators wish to speak. I will struction industry in our State. the United States, not the worst cal- only say, and I hope I can claim, I hope And when one out of every three culation, as a properly Democratic city the junior Senator will not be amiss, Rhode Islanders found themselves had not voted Democratic since 1936. that by rights, he is a New Yorker. His without access to deposits through At 9:12 that evening, a phone call came father represented Manhattan, a dis- failed credit unions—one out of every from the compound, as I believe it was trict in Manhattan, in the House of three Rhode Islanders, 33 percent of our called, and it was Robert F. Kennedy Representatives. His father was chair- State, had some money tied up in cred- calling for my wife, and the exchange man of the New York County Demo- it unions when they failed—Senator went very quickly. It said: ‘‘Did we?’’ cratic Committee, a most honored and, PELL greatly helped in crafting Federal ‘‘Yes.’’ Click, and we had done it. at times, advantage not of which some Then President Kennedy had come to assistance for that. of us still admire and respect and hope office, or would do, and within about 5 Above all, I wish to emphasize those to do. personal qualities that Senator PELL or 10 minutes, young Robin Pell, who has brought to this Chamber as an ex- had been working with the Kennedy It is typical, as the junior Senator ample for all of us. At some point we campaign in upstate New York, came said, that when the Pell Grants, that have all been tired and contentious in in, was there and put down the phone great beneficence, came to the moment debate with the sense that we will and said, ‘‘Cousin Claiborne has been when it was to be enacted, it was the never finish some of this complicated elected as well.’’ Senator from New York, my revered legislation. But Senator PELL has That is the beginning of a third of a former colleague, Senator Jacob K. never lost his pleasant disposition, his century in this Senate, but a career al- Javits, who said they ought to be calmness, his sense of objectivity, his ready well begun because I said, Mr. named for the Senator who has made striving to achieve a consensus that I President, I would speak of two mo- them possible—CLAIBORNE PELL of mentioned before. This is particularly ments. The other took place in San Rhode Island. important, his honesty coming Francisco not hours ago, if you would It is much too early to say we will through. like. President Clinton was speaking in miss him. He is still very much among

VerDate Aug 31 2005 06:53 May 28, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05SE5.REC S05SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 5, 1995 CONGRESSIONAL RECORD — SENATE S12559 us. He will not for a moment leave pub- dicate the number of days that the recognized over history by respect and lic service. In this time to speak to the children of America spend in school support for the arts and humanities, extraordinary achievement of this Sen- versus the number of days that the more than through the use of force and ator, I would not be amiss, I hope, and children of Japan spend in school weaponry. I am sure I will not, to mention Nuala, versus the number of days that the He has made that case so well and so without whom it could not possibly people of Germany spend in school, he eloquently and provided such leader- have taken place. would have it. I take note now, as I am ship in those areas. I can remember Mr. President, with great respect to looking over at my very good, valued, being here as a young Member of the my colleague who sits right before me and dear friend, that I think he has Senate when the Senate took up the now, I thank him for all those things, just pulled that notebook out of his Seabed Treaty, to try to prevent nu- and yield the floor. pocket. clear weapon from being planted in the Mr. KENNEDY addressed the Chair. Does the Senator care to respond so ocean bottoms. Even though the Soviet The PRESIDING OFFICER. The Sen- that we can put into the RECORD one Union and United States had not done ator from Massachusetts. more time just what those figures are? so, we were moving technologically to HONORED TO SERVE THE PEOPLE I think it is useful information, and the point where each nation could have Mr. KENNEDY. Mr. President, just a there is nobody who displays it with done so. The Senator was ahead of his few hours ago, in his very typical man- such commitment as the Senator from time. Even in the height of the cold ner, CLAIBORNE PELL addressed the peo- Rhode Island. war, he was able to achieve accom- ple of the State that he has served so Mr. PELL. Mr. President, in the plishments and agreements in anticipa- nobly and so well to announce his deci- United States, we have 180 days a year tion of new types of technology. What sion not to seek further election oppor- school; in Sweden, there are 200; in the a difference that has made. Mr. President, reference has been tunity to represent the people of Rhode Soviet Union, 210; in Canada, 200; in made here about Nuala Pell, and I want Island. And then just a few moments Thailand, 220; in Japan, 240; in Italy, to join in saying that I know that Clai- ago, he talked to this institution and 213. We are way down the list. borne and Nuala are such a strong Thank you. its representatives and to the people of team for Rhode Island and such won- Mr. KENNEDY. Mr. President, I do the country about his sense of the derful, loving, caring friends to Presi- not have to recite the Senator’s com- meaning of the institution of the U.S. dent Kennedy, to my brother Bob, and mitment in the area of the education of Senate and about how he has been hon- to all the members of our family. I ored to serve the people of Rhode Is- the young people of this country. I commend their four children—Herbert, land for these past years in advancing think all of us can see here, all of us Christopher, Dallas, and Julia—and not just their causes but the causes of who have been honored to serve on the their five grandchildren, who have our Nation. Education Subcommittee which he has brought so much joy to their family, It is a powerful example, Mr. Presi- championed and led over these many and who will always be proud of Sen- dent. All of us should take just a few years, that this is not just a public pol- ator PELL’s extraordinary service to moments to reflect on the career of icy issue for him. This is a commit- the country. He has been the kind of this extraordinary Senator and his life ment, a deep commitment, one that Senator that all of us hope to be able of public service in a world where very continues with him every single hour to be compared to. often the idea of serving the public is of every single day. So, CLAIBORNE, we admire your serv- dismissed or disdained or ridiculed or I will just address the Senate for a ice. We know that you will continue to condemned. moment about the value the Senator be involved in public life in the years We marvel at this extraordinary man has placed on education, and about ahead, and we are grateful for all that and the totality of his lifetime, his some of the innovative initiatives he you have done—not just for your State service in wartime in the Coast Guard, has taken over his extraordinary life. but for the Nation, which I know you his years in the Foreign Service with Mr. President, today in Rhode Island, have loved and continue to love, and great distinction, which have been in my State, and in all of our States that you have served so well. commented on so well by our friend represented here, there are millions of TRIBUTE TO SENATOR CLAIBORNE PELL and colleague from New York and oth- young people whose hopes and dreams Mr. SIMON. Mr. President, I want to ers, and his extraordinary service in will be achieved because of the work in join the others who are paying tribute the U.S. Senate. education by Senator PELL as chair- to our colleague, who has announced As one who has shared his party man of the Education Subcommittee today that he will not seek reelection. label, I would be quick to join with for so many years, because of his dedi- I heard Senator CHAFEE say the Senate those on the other side of the aisle who cation and his commitment, and be- today is a better place because of Sen- always found CLAIBORNE PELL was cause of his tenacity and his willing- ator PELL. I do not know that the Sen- committed to advancing the causes of ness to bring various groups together, ate is a better place than the day CLAI- the people he represented in Rhode Is- from the youngest of children in the BORNE PELL arrived, but it is true that land and all Americans, and did it in a early Head Start programs, to pupils in he has improved the quality of life way that brought us together and the high schools of this country, to stu- around here by his conduct. And what achieved the greatest support. dents in the colleges throughout this is unquestionably true is that the Na- Mr. President, today we honor the land. Millions of Americans perhaps do tion is a better place because of CLAI- people of his State as well, the people not know the name of CLAIBORNE PELL, BORNE PELL’s service. of Rhode Island, because for these but their lives have been forever We use the term ‘‘public servant’’ many years, they have sent this ex- changed because of his service and rather freely around here, more freely traordinary man to the U.S. Senate. commitment in the field of education. than sometimes we should. We apply it His service is a powerful reflection of So I think I speak for all the parents to anyone who holds public office. A their values, of the causes which they of Massachusetts when I say: Thank man who died just a few weeks ago, hold dear, of the high ideals by which you, Senator PELL, for the work that who succeeded Averell Harriman as they are motivated and what this insti- you have done in education. head of the Marshall plan in Western tution is really about. We honor the I also had the good fortune to serve Europe, Milton Katz, told me one time people of Rhode Island for the man on the Labor and Human Resources that there are two kinds of politicians: they have selected to serve them so Committee when Senator PELL—again, Those who seek office because they well in the U.S. Senate. in a bipartisan way with Senator Jav- want to be whatever it is—Senator, I join with others who commend Sen- its—began the initiative that has con- Governor, President, whatever the of- ator PELL for his extraordinary con- tinued on and enhanced and enriched fice—and those who seek office because tributions and his innovations in so the lives of so many of our citizens of what the office can do. There is a lit- many different areas of public policy. I through the creation of the National tle bit of both in all of us. But CLAI- think if I asked the Senator right now Endowments for the Arts and the Hu- BORNE PELL is there because he wants on this important day if he had in his manities. He understood that the to serve the public. It is evident in ev- pocket a small notebook that would in- greatest days of any civilization are erything he does.

VerDate Aug 31 2005 06:53 May 28, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05SE5.REC S05SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S12560 CONGRESSIONAL RECORD — SENATE September 5, 1995 Someone—I forget who—used the Mr. HARKIN. I just want to lay it health in the days ahead and look for- word ‘‘civility.’’ We hear that a great down before 5 o’clock. I will do it after ward to working with him as our mon- deal these days. But we do not hear 5 o’clock, if that is the case. I had a po- itor from afar. much genuine civility. There is exces- sition under the unanimous-consent I yield the floor. sive partisanship. I think one of the agreement to offer an amendment to PRAISE FOR SENATOR PELL changes that I have seen—and I am the DOD bill. I was going to offer the Mr. DODD. Mr. President, I realize sure Senator PELL would agree—in the amendment. I will do it after. the hour is getting late and the hour of 21 years that I have served in either Mr. THURMOND. Mr. President, the 5 o’clock will quickly come. We have the House or the Senate, is that we amendment has to be relevant. If it is unanimous-consent requests, so I ask have become more partisan. I think, on welfare, which I understand, it is that at a later time I will be able to ex- frankly, we serve the Nation less well not relevant. tend my remarks about our colleague when we become excessively partisan. Mr. HARKIN. Mr. President, I did not from Rhode Island and his decision That has not been CLAY PELL’s style. mean to interrupt the proceedings. I today to not seek a seventh term in the As has already been referred to, be- thank the Senator from Illinois. I did U.S. Senate. cause of his contributions and what he not know there would be an objection. Let me in 1 minute or so, because has done in the field of education, mil- I will offer the amendment later. others are seeking recognition before 5 lions of Americans are better off. Mr. SIMON. Mr. President, I do not o’clock I presume, join the voices of The National Endowment for the know anything about the amendment. others who have already expressed Arts and the National Endowment for I was just trying to accommodate a what I described to my colleague the the Humanities are somewhat con- colleague. I yield the floor. bittersweet sentiments I feel at this troversial today, but some day we are The PRESIDING OFFICER. The Sen- moment. going to be remembered not for the air- ator from Vermont. On the one hand, joy for my col- craft carriers we build or the highways PRAISE FOR SENATOR PELL league and friend who is looking for- we build, but we are going to be re- Mr. JEFFORDS. Mr. President, I ward to new opportunities and new ho- membered for our symphonies, for our want to join those who are here today rizons after the term ends in January works of art, for other things like that. to speak their praises and feelings for 1997, but also, just as quickly, the sad- In the international field, the Arms the senior Senator from Rhode Island. ness that we will not have the pleasure Control Disarmament Agency, CLAY Many eloquent speakers have preceded of his company here in this body. Let me just say, Mr. President, I PELL is one of the authors. The United me. I do not intend to try to compete know a lot is talked about —his back- Nations, he was one of the alternate with them or make remarks of that na- ground and record—and I will get into delegates to San Francisco. He has ture. that at a later time. I commend my been a strong supporter of the theory I have served some 24 years and per- colleague from Rhode Island for what that we have to work collectively with haps the only one that served with the he said on the floor of the Senate. It a community of nations. If we do not Senator across the table from the other has become almost predictable as peo- want to be the policemen of the world, side during this period of time. There is ple announce retirement, to somehow to use the overworked phrase, we have no person that I have come more to ad- simultaneously renounce the political to work with other countries. CLAY mire, respect, or feel affection for. There are many who have admiration process one way or another. PELL has recognized that. There is a I commend our colleague from Rhode for many others and there are those we whole host of things. Island for talking positively about this have great respect for. There are some, The great tribute we can pay to CLAY process. This institution struggles sometimes too few, for whom we feel PELL is not these words that we use on every day to improve the quality of true friendship and compassion as an the floor here, inadequate as they are. lives of people in this country, and I individual, someone who we know is in It is by seeing that we really do in the certainly do not have any quarrel with love with life and in love with his job field of education what we ought to do, the people who make a decision to do and in love with the people that are that we get the communities of nations something else with their lives, but I to work together, whether it is Bosnia around him. Senator PELL has all those wish many times they might think or the Middle East, or wherever it is, characteristics. I know he has moved about doing so not at the expense of that we work together. I hope we will all Members in some way or another in the very institution that they spent pay the real tribute to CLAY PELL that that respect. years serving. he would like, and that is to see that In the House, he served with the sen- My colleague from Rhode Island has educational opportunity is here and ior Senator from Vermont, Senator made that point in his remarks today that the communities of nations work Stafford. He and Senator PELL were a about his pride of service in this insti- together. remarkable combination. I had the tution, about his pride of service in the Mr. President, before I yield the ability for a time to be able to serve, public sector, trying to help people out. floor, my colleague from Iowa, Senator too brief a time, in this Senate with Mr. President, I will extend these re- HARKIN, handed me a note, indicating him. During that period of time, I marks later. To my friend and col- he would like me to yield 1 minute to again took the admiration and respect league for many years from Rhode Is- him so he can lay down an amendment and affection that Senator Stafford land, I congratulate him, wish him before 5 o’clock. I yield to the Senator held for him and carried it on in my well, and look forward to many years from Iowa. own feelings. of close association with him. Mr. HARKIN. Mr. President—— What he and I and others have done Mr. STEVENS. Mr. President, as the Mr. SIMON. I do not yield the floor. in the many areas that are critical to manager of the bill, the vote is sched- I yield 1 minute to the Senator from myself as well as to him, whether it be uled for 5 o’clock. I want to say that I Iowa, then I will yield the floor. in education or the Endowment for the have come to speak about my friend The PRESIDING OFFICER. The Sen- Arts, but most poignantly I will re- from Rhode Island. I ask unanimous ator needs to obtain unanimous con- member our recent trip to Africa where consent that we postpone that vote sent if he wishes to hold the floor. he and his wife Nuala and I and my until 5:30. We have a period for the con- Mr. SIMON. Mr. President, I ask wife went to nations far away from ducting of routine morning business so unanimous consent to yield the floor here. The love and affection that the we all might make our expressions for 1 minute to the Senator from Iowa. people of those countries have for them while our friend is on the floor. I have Mr. THURMOND. Mr. President, I re- demonstrates that his knowledge and cleared this with the leadership on our serve the right to object. I would like his work is not only appreciated here side. I assume there is no objection. to hear what the amendment is. I un- in this country but throughout the The PRESIDING OFFICER. Without derstand it is irrelevant and does not world. objection, it is so ordered. concern what we are doing here and is It is with some sadness I am here to Mr. STEVENS. If the Senator from not germane and should not be consid- speak in this kind of praise in a way, Connecticut wishes to continue. ered on this bill. I would like to hear but I will miss him and will miss his Mr. DODD. Mr. President, I thank my what the amendment is. service. I wish him all possible good colleague from Alaska. I wish I had

VerDate Aug 31 2005 06:53 May 28, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05SE5.REC S05SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 5, 1995 CONGRESSIONAL RECORD — SENATE S12561 known this yesterday. I might have de- what a U.S. Senator ought to be—a per- than the personage of CLAIBORNE PELL. layed coming back a little bit later. I son who not only represents his State I know it is fashionable to talk about still would have had some remarks and constituents but also represents term limits these days, limits to the about my colleague from Rhode Island. the national interest and the interests amount of time people can spend here. I will not take a great deal of time of mankind. In over 36 years he has I have always been opposed to that, because others want to speak, and I done that with great distinction and and I think, looking at the contribu- will reserve more detailed remarks with a degree of calm, never raising his tions that CLAIBORNE PELL has made to until later. It was noted by our col- voice, a person who always sought out this country and to the Senate over the league from Illinois, about our friend the better nature of people in debate last 35 years, it is once again a re- from Rhode Island, that he has con- and discussion. It is a role of U.S. Sen- minder of why the people of the United ducted his public career and life in a ator that ought to be a model for all States ought to have the right to re- way that many would like to see more who serve in this body, to bring to this turn people to office if they so desire people in public life serve, and that is Chamber a degree of elegance and so- and not to have some artificial kind of with a note of civility. phistication, a degree of great concern time limit put upon service to our I think it is of record that the Sen- for his fellow man. country and to this institution. ator from Rhode Island, in seven elec- My relationship with CLAIBORNE Certainly CLAIBORNE PELL’s first 12 tions to the U.S. Senate, has never PELL goes back two generations. He years were marked by successes here, once—never once—attacked a political served with my father, as the distin- but so were his second 12 years and his opponent that he has run against in an guished Senator from South Carolina third 12 years. Much has been said ad or a speech. and a few others who remain in this about CLAIBORNE PELL’s contributions I suspect that may be a record in this body have done. That is more than to education: The National Endowment place, at least by today’s standards some people should have to tolerate, is of the Arts, the National Endowment where many of us spend half of our two generations of my family, I sup- for the Humanities, so many other budgets going after our opponents. It is pose one might say. But not only that, things he has sponsored, promoted, a worthwhile to note that he never lost I also point out my brother-in-law was pushed through the Congress, got an election, the Senator from Rhode Is- the finance chairman in the last cam- signed into law, which have in so many land, but always won them by talking paign of the Senator from Rhode Is- ways advanced the concept of Amer- about himself, what he believed in, his land, Bernard Buonanno, from Provi- ican civilization. vision for his State and the country. dence, RI. So our family relationships It has been my privilege to have My hope is maybe that time will return go back not just to service in this served for the last 11 years with CLAI- again in this Nation, where politics Chamber but also through a political BORNE PELL here in the Senate, 9 of may be conducted on a more civil relationship as well. those years on the Human Resources basis. I am quite confident, Mr. President, Committee. To watch Senator PELL Mr. President, any one of four or five CLAIBORNE PELL will serve this country work is, indeed, I think a real lesson, accomplishments of the Senator from in many different ways in the years to as I think the Senator from Con- Rhode Island could be tantamount to a come. I know I could ask him at this necticut just alluded to, a real lesson career for any single Member. As has very moment whether he is carrying in gentility, civility, refinement, and been noted already, the Senator from the U.N. Charter with him, and I sus- purpose. Rhode Island, of course, is responsible pect he can reach in his pocket and We can have purpose here in the Sen- for the Pell grant program. If you did produce that U.N. Charter. I am watch- ate. We can advance our concepts and nothing else in your service but estab- ing and, as I see him, he is reaching in our causes resolutely and forthrightly. lish the Pell grant program, you could his pocket and there it is. I know I can But we can do it with the greatest de- call your career a success. Thousands, ask him to do that any day of the gree of civility and respect for the hundreds of thousands of young people week, any day of the year. CLAIBORNE views and the opinions of others. No in this country who never would have PELL carries the U.N. Charter with him one exemplifies that kind of procedure ever been able to have had a higher every single day because of his deep af- and process in debate more than CLAI- education have done so because of the fection and understanding of the value BORNE PELL. Resolute he has been, all Pell grant program. of an international body to try to bring his life, in advancing those issues so Had you merely been responsible for people together to resolve their dif- dear to him—in education, in the arts, the establishment of the National En- ficulties. humanities, foreign relations. He has dowment for the Arts, the National En- So I am confident we will hear more been resolute. And, if he did not win dowment for Humanities, that in itself from CLAIBORNE PELL in the years to the first time, he came back the second would have been, I think, a significant come. Sadly, it will not be in this time. If he did not win, then he came contribution to this country. Chamber once this term has ended. But back the third and the fourth time. But Had you done nothing else but estab- I join with others in commending him never with any degree of rancor or bit- lish the Northeast corridor, had you for more than three decades of remark- terness, never with any degree of pity done nothing else but develop the ban able service and to thank the people of or trying to second guess what might on the testing of nuclear weapons on Rhode Island, our neighboring State, have been. CLAIBORNE PELL picked up the sea beds, that could have been a fellow New England State, for having the ball, and if he did not win he moved significant accomplishment and a the good sense and wisdom to send him it forward until the next time. record of tremendous achievement. But back to the Senate over and over again It is that kind of resoluteness that I our colleague from Rhode Island has over the years, and to wish him and his admire so much in the personage of done all of those things and much lovely wife Luala well in the coming CLAIBORNE PELL. He is truly one of the more. years. I look forward to a longstanding giants in the history of the U.S. Senate On environmental issues he was way relationship with him. and one of the giants in the history of ahead of his time. On the first environ- I congratulate him. He is truly a Sen- the development, as I said earlier, of mental conference ever held inter- ate man. our concept of American civilization. nationally, only one U.S. Senator Mr. President, I yield the floor. Much has been said about CLAI- showed up at it. That was the Senator Several Senators addressed the BORNE’S promotion of education in this from Rhode Island. That was years and Chair. country. How many people in this years ago. Before anybody was even The PRESIDING OFFICER (Mr. country have been educated who came talking about these issues, the Senator FRIST). The Senator from Iowa. from meager circumstances, whose par- from Rhode Island understood the CLAIBORNE PELL ents may have been impoverished, born value and importance of protecting our Mr. HARKIN. Mr. President, I join on the wrong side of the tracks, had ev- natural resources. with those paying tribute to our es- erything going against them, but be- So, Mr. President, on a host of issues, teemed colleague and friend, CLAI- cause of a Pell grant were able to get CLAIBORNE PELL of Rhode Island has BORNE PELL. I do not think there is a an education and to go on and make fulfilled, I think, the description of stronger argument against term limits something of their lives? We run into

VerDate Aug 31 2005 06:53 May 28, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05SE5.REC S05SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S12562 CONGRESSIONAL RECORD — SENATE September 5, 1995 them every day. I daresay, probably work here, and that has been one of have been educated on Pell grants. they all know about Pell grants. Maybe healing, of bringing people together, of One-fifth of the population of this not too many of them know who PELL understanding. Whether it has been the country has gone to school because of was. League of Nations or the United Na- this U.S. Senator. Sixty-three billion I think the best legacy we can leave tions, which he was an alternate dele- dollars has been invested in the future to our friend and our colleague is to gate to, or education, humanities, arts, of the country in educating people and make sure that our country never for- it has been a healing process, bringing helping to churn the engine of our gets the contributions of this very people together, understanding, ad- economy and create the remarkable quiet, distinguished, resolute, compas- vancing the concept of American civili- technological and research and devel- sionate, and concerned American cit- zation. opment capacity of this great Nation. izen, CLAIBORNE PELL, to make sure Mr. President, when you talk about a Most people, if they thought of the en- that, as we commit ourselves to the re- civilized America, you can sum it up by gine of America, probably will not im- mainder of this century, this millen- just saying two words, ‘‘CLAIBORNE mediately associate it with the Pell nium, and as we move into the next PELL.’’ grant or with his efforts. But that is, in millennium, that education in this I yield the floor. and of itself, an extraordinary accom- country takes its place first and fore- Mr. KERRY addressed the Chair. plishment. most in our deliberations here in this The PRESIDING OFFICER. The Sen- In addition to that, he has been the body and that we continue to ensure ator from Massachusetts. principal Senate sponsor of the Na- that education in this country follows Mr. KERRY. Mr. President, thank tional Endowment for the Arts and Hu- the leadership and the guidance set you, I thank Senator PELL, for afford- manities, recognizing the extraor- down by CLAIBORNE PELL. ing us a few moments to be able to dinary linkage between a nation and a Lastly, Mr. President, I also have speak about our colleague. civilization in its support for the arts been privileged to work with Senator Mr. President, what a pleasure and and its literacy. He was the author of PELL on something other than edu- what a privilege it has been to serve cation. And I will make note of it here the National Sea Grant College Pro- with CLAIBORNE PELL. About 2 months gram, and a founding member who because I think it is vitally important. ago, after one of our late-night ses- It is an issue of whether or not we will served for years as the Senate cochair- sions, I had a chance to give him a lift man of the Helsinki Commission. He open up our medical system and med- home. And in the course of that we had ical research to new concepts and new has been one of the strongest pro- a chat about the incipient decision ponents of arms control in the U.S. ideas, perhaps even to go back in time that he was facing. And I was struck as and recapture some of the practices in Senate, and as a member of the Senate he sort of chatted through the options observer group and as chairman of the medical arts that we have forgotten. and the choices available to him how CLAIBORNE PELL has been a leader in Foreign Relations Committee, has totally compelled he was by the notion played a principal role in helping to what maybe now has become known as that there was work left undone and complementary medicine, alternative move this country to a reasonable this incredible sense of responsibility arms control policy. medicine, but new approaches in trying that he felt to the country, to Rhode He can take credit, though he person- to discern or fathom the illnesses that Island. That is what weighed on him in ally never does, for bringing to the beset mankind. I have spent many the decision, not a lot of the other con- Senate for approval the INF Treaty, times and many hours talking with siderations that many people tally up the CFE Treaty, the Threshold Test Senator PELL about this issue. I have on a yellow legal pad and weigh. But it learned a lot from him about it. He has Ban Treaty, and he took the lead in is characteristic of CLAIBORNE PELL Senate action in favor of the Sea Ban given me reams of material to read that it was, above all, his sense of Armaments Control Treaty and Envi- about it, and for which I thank him. duty, the sense of personal responsi- ronmental Modification Convention. And he has advanced my whole think- bility that compelled him to enter pub- ing on this issue of perhaps looking at He also authored legislation in 1994 lic life in the first place and that has medicine in a different light, thinking that revitalized and strengthened that, guided these remarkable 36 years that about it in different ways. And only and he has been the principal author of he has served as a U.S. Senator. legislation imposing sanctions against now, today, are we seeing the fruits of I daresay to my colleagues that if his years of involvement in that en- the development and use of chemical there were 59 other CLAIBORNE PELLs in deavor. and biological weapons. the Senate, and perhaps even 99, as a When new approaches are being In 1994, he authored legislation to talked about, when new forms of medi- wishful thought, we would not have half the conflict, a quarter of the con- place tough sanctions on countries and cine, new approaches in holistic medi- individuals involved in nuclear weap- cine, when the conjunction between flict, maybe any conflict. We would certainly not be looking toward con- ons proliferation. mind and body health are now being Mr. President, I have been privileged thought of as a legitimate approach to frontation in the days ahead, perhaps even the train wreck everybody talks in the 11 years that I have served here the healing process, CLAIBORNE PELL about, because above all CLAIBORNE to serve with Senator PELL both as was way ahead of his time. But now he ranking member and as chairman of can take solace and a measure of pride PELL is guided by a sense of decency and by common sense, by good old New the Senate Foreign Relations Com- in what he has done in education. mittee. In some other fields, I must say, Mr. England common sense, that says you Interestingly enough, my relation- President, CLAIBORNE PELL can now can work it out. And I think that ex- take a great measure of pride in what ample I hope is something that will rub ship with Senator PELL did not begin he has done to move the concepts of off on the Senate in the days ahead. with my entry as a freshman on the healing and the healing process in med- Others have spoken about his many Foreign Relations Committee. Twenty- icine forward in this country. It is accomplishments, and there are many four years ago when I first came back something that not too many people a lot of the people do not know that from Vietnam, Senator Fulbright in- recognize CLAIBORNE PELL for. I would much about because, again, vited me to testify before the com- not want this moment to pass on the uncharacteristically, compared to the mittee. And it was Senator PELL who Senate floor or this time to pass with- norms of modern American politics, he was among those on the committee and out making note of that for the record. is self-effacing beyond anybody else’s in the Senate most prepared to listen I just want to assure Senator PELL capacity in the Senate. He is somebody and to take the position of courage that those of us who have been in- who believes simply in doing what is with respect to the difficult choices volved with him in this endeavor will right and doing it in the sense of re- America faced at that period of time. do all we can to continue that legacy sponsibility and decency that guides I will personally never forget his that he started so many years ago in him. warm welcome to me as a young re- the field of healing in this country. Senator HARKIN wondered out loud turning naval officer and his then I guess I would just sum it up by say- about those who have been educated by brave and perhaps ill-advised sugges- ing that really has been his whole life’s Senator PELL. Millions of Americans tion that I might someday consider

VerDate Aug 31 2005 06:53 May 28, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05SE5.REC S05SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 5, 1995 CONGRESSIONAL RECORD — SENATE S12563 running for the U.S. Senate and that he over his 36-year career. I will only I want to thank Senator PELL for even hoped I might serve with him on highlight the fact that he was a foreign what he has meant to the Nation, to the Foreign Relations Committee. policy pillar throughout his career— foreign policy, and to the students of I am confident it was one of those from being a witness to the signing of this country. We are blessed to have comments that neither he nor I the original United Nations Charter to his legacy. thought might come true or had a guiding through ratification of land- Mr. JOHNSTON addressed the Chair. sense of reality. But it has been a great mark fishery treaties. The Senate’s in- The PRESIDING OFFICER. The Sen- privilege that in fact it did and that we stitutional knowledge and expertise in ator from Louisiana. have served together. these matters will be greatly depleted Mr. JOHNSTON. Mr. President, when Let me just close by saying a word when Senator PELL departs. He will be about his leadership on that com- missed.∑ I arrived in the Senate in 1972, the Sen- ator from Rhode Island, Mr. PELL, had mittee. Senator PELL led quietly. He BEST WISHES TO SENATOR PELL led with grace. He led with remarkable Ms. MIKULSKI. Mr. President, I rise already achieved a record which made integrity and with a sense of to offer my best wishes to our col- him known as one of the best and brightest, one of the most accom- everybody’s place. Unlike some here league, Senator CLAIBORNE PELL. I who are very quick to resort to par- know that many of my colleagues have plished Senators. In the ensuing 23 liamentary rules rather than let the already spoken eloquently about Sen- years, he has built that reputation into a legend. power of reason or of dialog work its ator PELL and his accomplishments. will and somehow quash that capacity, But, I wanted to express my gratitude Mr. President, we have heard detailed Senator PELL always permitted every for what Senator PELL has meant to here by my colleagues these last few voice on the committee to be heard to me, to foreign policy and to the cre- moments the details of that record— the point of exhaustion—usually ours, ation of an opportunity structure for Pell grants, foreign relations. I will not not his. He showed patience where pa- the students of this country. repeat that record except to say it is tience had been tested, and he was al- For me, Senator PELL serves as a historic in proportions and outstanding ways, always civil, even in the most model for commitment and conviction. in its quality and its merit. trying moments. He’s been committed to the people of The remarkable thing to me, Mr. There is no one on the Foreign Rela- Rhode Island for 36 years. That kind of President, is the character of the man tions Committee on either side of the commitment is hard to find. The con- who has achieved the record. And I aisle who would ever question the full tributions he’s made over that time are would like to take note today, as Sen- measure of this man’s decency or of his enormous and should empower all ator PELL announces his retirement, of commitment to the public dialog. He Americans to work hard for what they the kind of person and the kind of ci- has shown an extraordinary public in- believe in. vility which he brought not only to tegrity, an extraordinary commitment Mr. President, Senator PELL has been this Chamber but to politics in general. to the best ideals of public service, an actively involved in foreign affairs. As Mr. President, at this difficult time extraordinary commitment and sense the senior Democrat on the Senate of duty and public responsibility. I in American political history, at a Foreign Relations Committee since time when a former Governor of New think that all of us, Rhode Island par- 1981, he helped create the international Jersey announced that he would not ticularly, will understand that with his institutions that helped us to win the run for the Senate in large part be- departure from the Senate, the Senate cold war. and the country lose a voice for peace, And he’s been a leader in the effort to cause of the lack of civility in this a voice for reasonableness, a voice for adapt these institutions to meet the body, because of the lack of civility in the environment, a voice for human challenges of the post-cold-war effort. politics, I think it is important and ap- rights, a voice for civil rights, a voice He was instrumental in crafting arms propriate we take note of the career of for women, and above all a voice for control treaties and has been one of the Senator PELL and what he was able to education and for the future. Senate’s strongest and most consistent bring to this body in terms of civility. We will miss his service and the qual- voices for human rights throughout the In all those terms of running for of- ity of his character enormously. I yield world. fice, always very successful, usually by the floor. But, I probably know him best for his huge margins, it is just absolutely as- (At the request of Mr. DOLE, the fol- work as a member of the Labor Com- tonishing and remarkable that he lowing statement was ordered to be mittee. He’s been a pioneer for edu- never said anything bad or negative printed in the RECORD.) cation and has made an enormous con- about his opponents. It shows, Mr. RETIREMENT OF SENATOR CLAIBORNE PELL tribution to create an opportunity lad- President, that you need not be nega- ∑ Mr. MURKOWSKI. I rise today to der for all Americans through Pell tive in order to be successful. In all join my colleagues in paying tribute to grants. these years serving with Senator PELL our friend from Rhode Island, Senator Fifty-four million people have been in this body, there has never been the CLAIBORNE PELL, who today announced educated through Pell grants. That’s a slightest deviation from those stand- his plans to retire from the Senate. I lot of people. That’s a lot of young ards of friendship, respect, courtesy, would like to commend Senator PELL minds and a lot of Maryland students and warmth of character which was un- for his years of service in the Senate who can now have access to the Amer- failing in even the most difficult of cir- and to wish him much happiness in re- ican dream. cumstances. tirement. Students and their parents are al- You do not amass a record like Sen- I had the pleasure of serving on the ways worried about how they will pay ator PELL has amassed without mixing Foreign Relations Committee during for education. Senator PELL made it it up on very difficult and very con- Senator PELL’s chairmanship. I know possible. He’s been there to make sure troversial issues, and yet he was able that it comes as no surprise to my col- our education needs were being met to do that while at the same time hav- leagues that he was a fair and cordial and that this Nation’s students knew ing the love and respect and the chairman who treated Republicans and they had a friend in the U.S. Senate. warmth and the feelings from all of his Democrats alike with great respect. He He’s been a voice for students who colleagues. was a reliable ally on issues on which would have been left out and left be- we agreed and an equally reliable ad- hind. And he’s been a voice for those This will unquestionably be a lesser versary on those issues on which we who had no voice. place when Senator PELL is gone. disagreed. But whether we agreed or This kind of contribution cannot be Nuala Pell, his wonderful, wonderful disagreed, he never deviated from his truly appreciated on a re´sume´ or on a wife will certainly make it a lesser standards of decency and character. I list of legislative accomplishments. It place in the pantheon of Senate wives have the utmost respect for how he can only be seen in the opportunity because she in her way adds the same conducted himself throughout his dis- that others now have to create a better thing to the Senate wives that Senator tinguished career. life for themselves and their families; PELL does to the Senate. My colleagues have spoken of the and in turn, they will contribute to Mr. President, I just hope that we many accomplishments of the Senator their communities and their country. can take example from his service, not

VerDate Aug 31 2005 06:53 May 28, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05SE5.REC S05SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S12564 CONGRESSIONAL RECORD — SENATE September 5, 1995 only in what he has accomplished in will have with him in the months to been a strong supporter of the B—1B terms of things for the Nation, which come. throughout the years because it is one have been very well detailed and, as I Mr. President, I think it is now time of the most versatile aircraft ever con- say, which constitute a legend in itself, for the vote on my bill. structed. This was the view of the De- but the quality of his character and the Ms. MOSELEY-BRAUN. Mr. Presi- partment of Defense when, as part of quality of his service and his relation- dent, will the Senator yield? Will the its 1993 Bottom-Up Review, it con- ship with his colleagues. If we could Senator yield for 2 minutes? cluded that the B–1B represented the just somehow take that and bottle it Mr. STEVENS. Mr. President, I backbone of the heavy bomber force. and keep it and profit by it and emu- might say to Senators, I have already Further, the Pentagon believed that a late it, we would have a much better extended time for a vote on the defense full investment in the B–1B’s conven- and different country and Senate. bill by a half hour in order for these tional capabilities was the most cost- I salute Senator PELL on his out- proceedings, and I have agreed that we effective method to maintaining a standing record of service to the Na- would not extend it further. It is time bomber force structure capable of tion. now for a vote on the defense appro- meeting our national security goals. Mr. STEVENS addressed the Chair. priations bill. I call for a vote. Over the years, I have talked to The PRESIDING OFFICER. The Sen- DEPARTMENT OF DEFENSE APPROPRIATIONS many associated with the B–1B—its de- ator from Alaska. ACT, 1996 signers, Pentagon strategists, and the Mr. STEVENS. Mr. President, I The PRESIDING OFFICER. Under dedicated men and women who fly and sought the floor a half hour ago in the previous order, the clerk will re- maintain this extraordinary aircraft. order to make some remarks about my port S. 1087. The bill clerk read as fol- All believe in the B–1B and its place in friend, and I am delighted to have a lows: our force structure. Yet, despite these chance to do so. I am reminded of a A bill (S. 1087) making appropriations for glowing reviews, a skeptical Congress friend of mine who asked me once why the Department of Defense for the fiscal year over the last several years has sub- we made these speeches in the Chamber ending September 30, 1996, and for other pur- jected the B–1B to a series of perform- poses. when people make announcements, and ance evaluations and studies. The B–1B he told me that I should be careful be- The Senate resume consideration of has met each and every challenge. cause ‘‘he ain’t gone yet.’’ the bill. The first congressionally mandated In terms of this announcement THE B–1 BOMBER—A COST EFFECTIVE test was the Operational Readiness As- today, I share a lot of the remarks and INVESTMENT feelings that have been expressed Mr. PRESSLER. Mr. President, sessment [ORA]. The purpose of this today. My experience goes back a long today the Senate will pass S. 1087, the test—code-named the Dakota Chal- lenge—was to determine if one B–1B ways with Senator PELL. He will recall fiscal year 1996 Department of Defense when we flew down to Caracas for the [DOD] appropriations bill, and soon wing, when provided fully with the nec- Law of the Sea Conference, with his will pass S. 1026, the fiscal year 1996 essary spare parts, maintenance equip- bride Nuala sitting between us, and DOD authorization bill. I am pleased to ment, support crews, and logistics how we talked about a lot of things. support both pieces of legislation. Both equipment, could meet the Air Force That is more years than either one of bills call for a full investment in the B– mission availability rate goal of 75 per- us can say, but I do remember that dis- 1 bomber in the coming fiscal year—a cent. Tasked to take on the Dakota cussion. We talked about Social Secu- clear reflection of the Senate’s wise Challenge was the 28th Bomber Wing rity, Mr. President. And we were on our and strong support for the bomber. As stationed at Ellsworth Air Force Base way to the Law of the Sea Conference. a strong supporter of this important in Rapid City, SD. The 28th Bomber Wing more than met the goal of the I remember talking to Senator PELL component of our long-range bomber about other things—the National En- force, I believe this is great news for Dakota Challenge, achieving an ex- dowment for the Arts—as we went to those who support both a strong na- traordinary 84-percent mission capable meetings of the Arms Control Observer tional defense and a sound fiscal pol- rate. Group in Geneva and how Senator icy. Additionally, improvements were PELL’s great stature in the foreign re- One of the critical military force seen in other readiness indicators, in- lations area had led to so many suc- structure issues that the U.S. Senate cluding the 12-hour fix rate—a measure cesses in dealing with the Russians, the has considered in recent years is the of how often a malfunctioning aircraft Soviets really at that time, with re- funding level needed to sustain an ef- can be repaired and returned to the air gard to arms control. fective heavy bomber force. In my within one-half day. The enormous suc- As we continue to deal with our view, the continued effectiveness of our cess of the Dakota Challenge prompted friend here in these months ahead—and long-range bomber fleet rests on a full Gen. John Michael Loh, commander of I do recognize the fact that the Senator investment in the Conventional Mis- the Air Combat Command to state that from Rhode Island will be with us for sion Upgrade Program [CMUP] for the the B–1B has established its title as ‘‘a well over a year—I want the Senate to B–1 bomber [B–1B]—the Lancer. The B– solid investment in our Nation’s capa- know that many of us who came here 1B is critical to our Nation’s bomber bility to project power on a global as youngsters from the far west and me force structure. scale.’’ from the far north remember so well As my colleagues know, the B–1B A second congressionally mandated the great grace with which the Senator originally was designed as a multirole study released this year was done by from Rhode Island and his wife from bomber during the cold war, with its the Institute for Defense Analyses Rhode Island welcomed us here, how primary mission being its capability to [IDA]. The IDA study represents per- they have helped our wives and invited deliver a nuclear payload. Today, in re- haps the most in-depth, comprehensive us to their home and made us feel part sponse to these dramatic changes and analysis of the entire bomber fleet. of the Senate family. new demands on our post-cold-war na- This report examined the deployment Notwithstanding all of the other ac- tional security goals, the United States options of our long-range heavy bomb- complishments that have been men- must commit fewer resources to nu- er forces—in association with addi- tioned on the floor today about Sen- clear deterrence in favor of advancing tional tactical forces—under the cir- ator PELL, I think he will be remem- conventional capabilities. Our bomber cumstances of two hypothetical, nearly bered as a man who had great respect force now must fill a dual role. First, it simultaneous world conflicts. Under for the Senate, who wanted the Senate must continue its commitment to nu- these circumstances, the IDA study family to have a quality of life and clear deterrence missions. Second, our found that the B–1B is not just mis- make being in the Senate a different bombers must adapt to serve conven- sion-effective but cost-effective as well. experience for those of us who come tional needs. The study concluded that the B–1B here with our wives from great dis- Of the three heavy bombers—the B– could serve successfully as the center- tances. I congratulate him for making 52, the B–1B, and the B–2–the B–1B has piece of American airpower projection, his statement today so far in advance the greatest potential to serve both nu- while producing the highest return on so that we can all cherish the time we clear and conventional missions. I have our defense investment.

VerDate Aug 31 2005 06:53 May 28, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05SE5.REC S05SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 5, 1995 CONGRESSIONAL RECORD — SENATE S12565 The Dakota Challenge and the IDA richest among us, cuts in education Mr. ROBB. Mr. President, I would say study together made clear that an in- programs that will hinder our chil- to the chairman that it has come to vestment in the B–1B’s conventional dren’s ability to carry America into my attention that the House report ac- capabilities was the best investment in the 21st century. companying the fiscal year 1996 De- fiscal and national security terms. While most areas of spending have fense appropriations bill includes lan- These congressionally mandated tests been cut in the budget for next year, guage which directs the Secretary of have changed the congressional view of the defense budget will receive a huge Defense to enter into a 5-year sole- the B–1B from one of skepticism to increase. President Clinton rec- source contract for the establishment support. The DOD authorization and ommended a budget which increased of a single, consolidated National Elec- appropriations bills before us today re- defense spending by roughly $25 billion tronic Commerce Resource Center. flect this wise shift. Specifically, the over what we were told we needed just Under the current program structure, DOD appropriations bill would provide 1 year ago. two nonprofit organizations act as sys- $407 million for the B–1B. This funding Apparently it was not enough. Even tem integrators to coordinate activi- includes support for research and de- though the cold ear has ended, the ties at the various Electronic Com- velopment, modification programs and United States is the only superpower merce Resource Centers located across of course, the Conventional Mission left in the world, and democracy is the country. Upgrade Program. flourishing where communism once Mr. STEVENS. Mr. President, I am What would all this funding do? It prevailed, the House version of the familiar with the program and the would enhance the B–1B in three key budget resolution boosted defense House language has been brought to ways. First of all, the B–1B would be spending by another $7 billion for next my attention as well. outfitted with new precision weapons year. During conference, the House Mr. ROBB. Mr. President, I would say to bring added conventional lethality number survived. No ‘‘compromise by to the chairman that, as he knows, the to the bomber. Second, computer up- splitting the difference,’’ just a total current ECRC program is working well grades would enable the B–1B to be ul- victory for the House position. And so, and has enabled the development of timately capable of carrying the new in line with the budget resolution, this successful programs to transfer elec- generation of smart weapons. Third, appropriations bill spends nearly $7 bil- tronic commerce [EC] and electronic the B–1B would be equipped with state- lion more on the defense budget than data interchange [EDI] technologies of-the-art jam-resistant radio to allow the President requested. and processes to small and medium- the aircraft to communicate with This bill, Mr. President, underscores sized enterprises. In the first quarter of fighters and other support aircraft. In the misguided direction in which the 1995, for example, the network trained addition, upgrades would be provided new congressional leadership wants to over 4,000 business personnel and 1,300 to improve the B–1B’s survivability in take our Nation. It is a direction which government personnel and provided medium-high threat areas. places a higher value on buying weap- services to approximately 1,800 busi- The end of the cold war has brought ons we do not need than on books for ness and Department of Defense cli- a world environment of unpredict- our children’s education. It is a direc- ents. Based on industry standards for ability. New regional threats could tion which says that buying more air- training and consulting services, it is occur with very little warning. In this craft and helicopters than the Pen- estimated that this program has saved environment, we must look to our tagon has requested is more important U.S. businesses over $6 million during bomber force to quickly respond to for the American people than cleaning the first quarter of 1995 alone. conventional threats. By fully funding the environment or preserving Medi- Mr. President, I am concerned about the CMUP for fiscal year 1996 and pro- care benefits. the House effort, on a sole-source basis, viding additional enhancements to We do need a strong national defense, to alter the management and reporting make up for prior year delays, we can but we can have one without the exces- relations that have successfully served provide our bomber force better pre- sive $7 billion increase in spending in- this program. While a single, consoli- pared to respond to this dynamic world cluded in this bill. dated National Electronic Commerce environment. The strength of our Nation, Mr. Resource Center is needed to coordi- Mr. President, the people of Rapid President, depends on more than the nate the program’s activities, such a City, SD, know well of the effective- number of missiles we build and the center should be established on a com- ness and the importance of the B–1B to aircraft we procure. It depends on hav- petitive basis, not sole-sourced. Com- our national security. Many civilians ing a well-educated work force, a clean petition will ensure that the interests in Rapid City have a family member, a environment, safe streets, a sound and of both the Department of Defense and friend, or a neighbor who serves in the strong economy. the American taxpayer are best served. 28th Bomber Wing—the men and We cannot afford to starve domestic As the chairman knows, I have an women who collectively are the back- needs so we can spend a billion-plus on amendment I was planning to offer bone of our bomber fleet’s backbone. an amphibious assault ship that isn’t that would require full and open com- They do more than just keep the B– budgeted until the turn of the century, petition in the establishment of a Na- 1B’s flying. They firmly believe that spend hundreds of millions more than tional Electronic Commerce Resource the B–1B is a high quality aircraft, ca- the administration requested for a na- Center. I will not offer that amend- pable of being the centerpiece of the tional missile defense system, and ment on this bill, but I would like to bomber fleet in the years to come. spend billions of tax dollars for seek some assurances from the chair- They were willing to put their beliefs unrequested helicopters, aircraft, and man that this issue will be revisited in their bomber to the test. Through other military equipment. when the Defense appropriations bill the Dakota Challenge, they proved Where is our sense of priorities? goes to conference. what they believed. And today, the What happened to our common sense? Mr. STEVENS. Mr. President, the 28th Bomber Wing’s success is being The American people deserve better. Senator from Virginia has raised a recognized by the U.S. Senate, which And we need to make better choices valid concern. I am familiar with the will show its strongest support yet for with their tax dollars. program and am aware that many of the future conventional success of the We can and should start by opposing the Electronic Commerce Resource B–1 bomber. this bill. Centers around the country were estab- Mr. LAUTENBERG. Mr. President, I ELECTRONIC COMMERCE RESOURCE CENTERS lished through full and open competi- intend to vote against the fiscal year Mr. ROBB. Mr. President, if the tion. Furthermore, I recognize your 1996 Department of Defense appropria- chairman will allow me, I would like to valid arguments about the importance tions bill. engage him in a brief colloquy con- of full and open competition in the es- When most people talk about the cerning the Electronic Commerce Re- tablishment of a national ECRC. I as- budget, they talk about the cuts it con- source Center Program. sure the Senator that this will be an tains—cuts in programs that will hurt Mr. STEVENS. Mr. President, I issue we raise during our conference middle- and lower-income Americans, would be happy to engage in a colloquy with the House. Furthermore, I will cuts in taxes which will benefit the with the Senator from Virginia. ask my staff to arrange a briefing on

VerDate Aug 31 2005 06:53 May 28, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05SE5.REC S05SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S12566 CONGRESSIONAL RECORD — SENATE September 5, 1995 this program from the Department of Subcommittee for Defense, my friend administration’s request. On most Defense and to seek assurances from from Alaska, on the floor, and I wanted issues, I disagreed with the priorities the Department that they intend to to be sure he is aware of concerns in the budget put forward by the Re- use full and open competition if a sin- brought to my attention by the South publican majority, and I offered an al- gle, consolidated National ECRC is es- Dakota National Guard. The concerns ternative that was both fairer and tablished. involve a funding difference for mul- more ambitious than the Republican Mr. ROBB. Mr. President, I appre- tiple launch rocket systems [MLRS] proposal. But on defense my fair share ciate those assurances from the chair- between S. 1087, the fiscal year [FY] plan contained a hard freeze at the ad- man and thank him for his consider- 1996 Department of Defense [DOD] ap- ministration’s fiscal year 1996 request ation. propriations bill and S. 1026, the fiscal just like the Republican proposal. STRATEGIC ENVIRONMENTAL RESEARCH AND year 1996 DOD authorization bill. DEVELOPMENT PROGRAM Any addition of MLRS batteries to Unfortunately, the budget that came Mr. LEVIN. Mr. President, I would National Guard units would be an im- back from conference increased defense like to engage the distinguished man- portant contribution. Over the next spending by more than $7 billion in fis- ager of the bill in a brief colloquy re- several decades, our national security cal year 1996 alone over the level in my garding the Strategic Environmental increasingly will need to respond rap- fair share plan and the Senate-passed Research and Development Program idly and decisively to regional security budget. This increase in defense spend- (SERDP). As he knows, these funds threats. The post-cold-war defense ing comes at the expense of greater have been and continue to be used for drawdown will result in an increased cuts in other areas important to hard investigating and demonstrating inno- reliance on the National Guard and the working American families, such as ag- vative environmental clean-up tech- reserve forces to meet our national se- riculture, Medicare, and student loans. nologies. He may also know that the curity needs. The opportunity for the Where does the extra $7 billion added U.S. Army Corps of Engineers Research South Dakota National Guard to be to the fiscal year 1996 defense appro- Laboratory [USACERL] has been a fielded an MLRS battery would im- priations act go? Does it go to fund the very active component of DOD’s efforts prove greatly its readiness and capa- priorities of our military leaders, such in this area. Through USACERL’s bility to respond rapidly to time crit- work, many of these private/public sec- as ongoing operations in Iraq, Bosnia, ical targets. and Haiti where we know we will have tor technologies are now available for I urge the chairman and the ap- commercialization, stimulating small added expenses this year? Does it go to pointed conferees to consider going to improving readiness through increased company creation, economic develop- the authorized funding level for MLRS ment, and environmental protection. operations and maintenance funding? launchers, as S. 1087 proceeds to con- Or does it go toward closing the bomb- I would urge that the Committee sup- ference. I believe doing so would ensure er gap between the number of bombers port continuation of USACERL’s excel- the successful reconditioning and field- the military estimates it will need to lent work, particularly remediation ac- ing of 29 MLRS launchers important to fight one major regional conflict and tivities at the Army production plants. our reserve forces. Mr. STEVENS. I am aware of the ap- Mr. STEVENS. Mr. President, I ap- the bombers actually funded in the plication of innovative remediation preciate the senior Senator from South President’s budget? No, no, and again technologies at numerous DOD sites Dakota bringing this matter to my at- no. throughout the country. I appreciate tention. As he knows, we faced a num- The extra funding above the amounts the thoughtful comments of the Sen- ber of difficult funding decisions in this our military leadership requested goes ator from Michigan on the Army Corps’ bill. A number of programs were not largely to fund major new weapons pro- work and bringing it to my attention. Mr. LEVIN. Very briefly, I would like funded at the proposed authorized curement of questionable value to our to provide the Senator from Alaska level. I would bring to the Senator’s at- immediate national security. The ap- with two specific examples that dem- tention that S. 1087 provides $100 mil- propriators have added $1.4 billion for onstrate just how effective USACERL lion for the Army National Guard to two extra DDG–51 Aegis destroyers, an has been. allocate to meet its foremost mod- extra $1.3 billion for one LHD–7 am- The first example is an innovative air ernization priorities. I am confident phibious ship, $600 million for ballistic control technology being implemented that the MLRS needs of the South Da- missile defenses, and $575 million for F– at the Lake City Army Ammunition kota National Guard will be carefully 18 fighters. These weapons are not Plant in Independence, MO. A full-scale considered this year. needed this year, and this wave of new demonstration biofilter is being in- Mr. PRESSLER. Mr. President, I procurement sets the stage for future stalled that will reduce air emissions thank my friend from Alaska. I appre- increases to the defense budget because by more than 80 percent. This will ciate his consideration of my request this pace will be unsustainable in the allow the plant to double production and look forward to working with him outyears unless we dramatically cut and continue to emit less than its cur- on this matter of importance to the funding for readiness. South Dakota National Guard. rent air quality control requirements. I am especially concerned that, de- The second example is a manufac- Mr. CONRAD. Mr. President, I intend spite this added funding for procuring tured wastewater treatment project at to oppose S. 1087, the Department of new weapons, the bill does nothing to the Radford Army Ammunitions Plant Defense appropriations for fiscal year close the bomber gap. This bill funds in Radford, VA. This is a full-scale 1996. only 93 deployable bombers, but the demonstration of granular activated Although I recognize the need to pro- carbon-fluidized bed technology for vide for a strong national defense, I Pentagon’s Bottom-Up Review con- treating DNT by-products in waste- cannot support this legislation because cluded that 100 deployable bombers are water. This type of wastewater has it spends too much money. The cold needed to fight just one major regional proven resistant to any other type of war is over, the Soviet Union has col- conflict, let alone a second nearly si- treatment technology available today. lapsed, and we already spend more multaneous conflict. The Air Force es- I hope the committee will continue money than the next nine biggest mili- timates that a mere $130 million would to support the development of cost-ef- tary spenders combined. If we are seri- be sufficient to maintain a fourth com- fective technologies, such as these, for ous about balancing the budget with- bat coded squadron of B–52 bombers, treating DOD wastes. out unnecessary cuts in programs that six additional trainers and all remain- Mr. STEVENS. The technologies the benefit average American families, it ing B–52’s in attrition reserve. Al- Senator has mentioned sound prom- simply does not make sense to spend though the Senate defense authoriza- ising. I commend DOD and USACERL more money than the administration tion bill contains language prohibiting for their work in this area and encour- requested for defense. the retirement of B–52 bombers—the age the Department to continue such Earlier this year, when we debated most capable bombers in our inventory innovative work. the budget in the Senate there was and a vital element in our strategy to Mr. PRESSLER. Mr. President, I see broad bipartisan agreement that we win two nearly simultaneous con- the chairman of the Appropriations should freeze defense spending at the flicts—the appropriations bill fails to

VerDate Aug 31 2005 06:53 May 28, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05SE5.REC S05SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 5, 1995 CONGRESSIONAL RECORD — SENATE S12567 fund additional B–52 operations and ed in the President’s initial budget sub- are appropriated, out of any money in the maintenance. mission. Let me remind my colleagues, Treasury not otherwise appropriated, for the Although I cannot support the bill as those programs were requested by the fiscal year ending September 30, 1996, and for a whole, I do want to note the provi- leadership or our armed services and other purposes, namely: sion in the bill maintaining the size of deserve and requested funding. I fully TITLE I Air National Guard fighter wings at 15 support those programs. MILITARY PERSONNEL aircraft. In view of the increasing im- However, it seems fundamentally MILITARY PERSONNEL, ARMY portance of air power in our wrong in an era of severe fiscal con- For pay, allowances, individual clothing, warfighting capabilities and the en- interest on deposits, gratuities, permanent straint to increase defense spending in change of station travel (including all ex- hanced role for the Guard in light of areas not specifically requested by the penses thereof for organizational move- overall military downsizing, I believe Joint Chiefs of Staff or their respective ments), and expenses of temporary duty it is very important to maintain our services. With so much at stake in so travel between permanent duty stations, for ANG assets. I congratulate the chair- many other critical programs in our members of the Army on active duty (except man and ranking member for their at- national infrastructure, I cannot in members of reserve components provided for tention to this issue. good conscience support this bill. elsewhere), cadets, and aviation cadets; and But when I look at the bill as a I thank my colleagues. for payments pursuant to section 156 of Pub- lic Law 97–377, as amended (42 U.S.C. 402 whole, the bottom line is that it spend The PRESIDING OFFICER. The bill note), to section 229(b) of the Social Security too much money. I cannot support it. having been read the third time, the Act (42 U.S.C. 429(b)), and to the Department Mr. DODD. Mr. President, I rise this question is, Shall it pass? The yeas and of Defense Military Retirement Fund; evening to speak against final passage nays have been ordered. The clerk will $19,776,587,000. of the 1996 Defense appropriations bill. call the roll. MILITARY PERSONNEL, NAVY And let me tell my colleagues, I do so The assistant legislative clerk called For pay, allowances, individual clothing, with a very heavy heart. the roll. interest on deposits, gratuities, permanent In the 15 years that I have served The PRESIDING OFFICER (Mr. change of station travel (including all ex- penses thereof for organizational move- here in the U.S. Senate, I have never BROWN). Are there any other Senators ments), and expenses of temporary duty once voted against final passage of a in the Chamber who desire to vote? Defense appropriations bill. Regret- travel between permanent duty stations, for Mr. LOTT. I announce that the Sen- members of the Navy on active duty (except tably, it will no longer be possible for ator from North Carolina [Mr. HELMS] members of the Reserve provided for else- me to make that claim. and the Senator from Alaska [Mr. MUR- where), midshipmen, and aviation cadets; The bill before us is truly unique. In KOWSKI] are necessarily absent. and for payments pursuant to section 156 of an era of wholesale budget reductions, I further announce that, if present Public Law 97–377, as amended (42 U.S.C. 402 this bill contains an overall spending and voting, the Senator from North note), to section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the Department increase of nearly $7 billion above what Carolina [Mr. HELMS] would vote the President and the Pentagon re- of Defense Military Retirement Fund; ‘‘yea.’’ $16,979,209,000. quested. That is a significant increase Mr. FORD. I announce that the Sen- MILITARY PERSONNEL, MARINE CORPS for any agency budget, however, it is ator from Hawaii [Mr. AKAKA] is absent particularly troublesome because of For pay, allowances, individual clothing, because of attending a funeral. interest on deposits, gratuities, permanent the tremendous cuts that other agen- The result was announced—yeas 62, change of station travel (including all ex- cies have suffered. It is an injustice nays 35, as follows: penses thereof for organizational move- that is too great to ignore. [Rollcall Vote No. 397 Leg.] ments), and expenses of temporary duty For example, the 1996 Department of travel between permanent duty stations, for YEAS—62 Labor and Health and Human Services members of the Marine Corps on active duty Abraham Gorton Mikulski (except members of the Reserve provided for appropriations bill was reduced by al- Ashcroft Gramm Moynihan most $4 billion for the Department of elsewhere); and for payments pursuant to Bennett Grams Murray section 156 of Public Law 97–377, as amended Bond Grassley Labor, and another $3.5 billion for Nickles (42 U.S.C. 402 note), to section 229(b) of the other related agencies. Simply put, Breaux Gregg Nunn Bryan Hatch Social Security Act (42 U.S.C. 429(b)), and to that directly affects the hard working Packwood Burns Heflin Pressler the Department of Defense Military Retire- men and women of Connecticut who Campbell Hollings Reid ment Fund; $5,886,540,000. Chafee Hutchison rely on important programs in time of Robb MILITARY PERSONNEL, AIR FORCE Coats Inhofe Santorum need. Cochran Inouye For pay, allowances, individual clothing, Since the mid-1980’s almost 200,000 Cohen Jeffords Shelby interest on deposits, gratuities, permanent Defense-related jobs have been lost in Coverdell Johnston Simpson change of station travel (including all ex- Smith my home State. The current reductions Craig Kassebaum penses thereof for organizational move- D’Amato Kempthorne Snowe ments), and expenses of temporary duty in the Department of Labor’s job re- Specter DeWine Kyl travel between permanent duty stations, for training programs directly cuts into Dole Lieberman Stevens members of the Air Force on active duty (ex- the very heart of job training programs Domenici Lott Thomas Faircloth Lugar Thompson cept members of reserve components pro- that are essential for the survival of Ford Mack Thurmond vided for elsewhere), cadets, and aviation ca- more than 500,000 displaced working Frist McConnell Warner dets; and for payments pursuant to section Americans. That simply is not fair. 156 of Public Law 97–377, as amended (42 NAYS—35 The 1996 Department of Defense ap- U.S.C. 402 note), to section 229(b) of the So- propriations bill provides almost $3.0 Baucus Exon Leahy cial Security Act (42 U.S.C. 429(b)), and to Biden Feingold Levin billion as a so called investment for ad- the Department of Defense Military Retire- Bingaman Feinstein McCain ment Fund; $17,156,443,000. vanced missile defenses. That Boxer Glenn Moseley-Braun RESERVE PERSONNEL, ARMY unrequested increase comes at the ex- Bradley Graham Pell pense of medical care for the elderly, Brown Harkin Pryor For pay, allowances, clothing, subsistence, Bumpers Hatfield gratuities, travel, and related expenses for Goals 2000, and early childhood edu- Rockefeller Byrd Kennedy Roth personnel of the Army Reserve on active Conrad Kerrey cation programs. If ever there was a Sarbanes Daschle Kerry duty under sections 265, 3021, and 3038 of title need for an increase in a national in- Simon Dodd Kohl 10, United States Code, or while serving on Wellstone vestment program, we should be focus- Dorgan Lautenberg active duty under section 672(d) of title 10, ing our eyes on the youth of our Nation United States Code, in connection with per- NOT VOTING—3 and programs such as Headstart. forming duty specified in section 678(a) of Let me restate for the RECORD, this Akaka Helms Murkowski title 10, United States Code, or while under- bill contains spending increases that So the bill (S. 1087), as amended, was going reserve training, or while performing were neither requested by the Pen- passed, as follows: drills or equivalent duty or other duty, and for members of the Reserve Officers’ Train- tagon, nor budgeted for by the Presi- S. 1087 ing Corps, and expenses authorized by sec- dent. However, vital future programs Be it enacted by the Senate and House of Rep- tion 2131 of title 10, United States Code; and such as the F–22 fighter aircraft and resentatives of the United States of America in for payments to the Department of Defense the Seawolf submarine were fully fund- Congress assembled, That the following sums Military Retirement Fund; $2,102,466,000.

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RESERVE PERSONNEL, NAVY TITLE II tional Defense Stockpile Transaction Fund: For pay, allowances, clothing, subsistence, OPERATION AND MAINTENANCE Provided, That the Secretary of the Air Force may acquire all right, title, and interest of gratuities, travel, and related expenses for OPERATION AND MAINTENANCE, ARMY any party in and to parcels of real property, personnel of the Navy Reserve on active duty (INCLUDING TRANSFER OF FUNDS) under section 265 of title 10, United States including improvements thereon, consisting For expenses, not otherwise provided for, Code, or while serving on active duty under of not more than 92 acres, located near King necessary for the operation and maintenance section 672(d) of title 10, United States Code, Salmon Air Force Station for the purpose of of the Army, as authorized by law; and not in connection with performing duty specified conducting a response action in accordance to exceed $14,437,000 can be used for emer- in section 678(a) of title 10, United States with the Comprehensive Environmental Re- gencies and extraordinary expenses, to be ex- Code, or while undergoing reserve training, sponse, Compensation, and Liability Act (42 pended on the approval or authority of the or while performing drills or equivalent U.S.C. 9601–9675) and the Air Force Installa- Secretary of the Army, and payments may duty, and for members of the Reserve Offi- tion Restoration Program: Provided further, be made on his certificate of necessity for cers’ Training Corps, and expenses author- That of the funds provided under this head- confidential military purposes; $17,947,229,000 ized by section 2131 of title 10, United States ing, $1,633,000,000 shall be available only for and, in addition, $50,000,000 shall be derived Code; and for payments to the Department of Real Property Maintenance activities, and by transfer from the National Defense Stock- Defense Military Retirement Fund; shall be available for obligation until Sep- pile Transaction Fund: Provided, That of the tember 30, 1997: Provided further, That from $1,349,323,000. funds appropriated in this paragraph, not within the funds appropriated under this RESERVE PERSONNEL, MARINE CORPS less than $388,599,000 shall be made available heading, the Air Force may enter into a For pay, allowances, clothing, subsistence, only for conventional ammunition care and long-term lease or purchase agreement to re- gratuities, travel, and related expenses for maintenance: Provided further, That of the place the existing fleet of VC–137 aircraft. personnel of the Marine Corps Reserve on ac- funds provided under this heading, OPERATION AND MAINTENANCE, DEFENSE-WIDE tive duty under section 265 of title 10, United $1,418,000,000 shall be available only for Real For expenses, not otherwise provided for, States Code, or while serving on active duty Property Maintenance activities, and shall necessary for the operation and maintenance under section 672(d) of title 10, United States remain available for obligation until Sep- of activities and agencies of the Department Code, in connection with performing duty tember 30, 1997: Provided further, That not of Defense (other than the military depart- specified in section 678(a) of title 10, United less than $15,000,000 shall be made available ments), as authorized by law; $9,804,068,000, of States Code, or while undergoing reserve only for the implementation and execution which not to exceed $25,000,000 may be avail- training, or while performing drills or equiv- of the 1988 agreement between the Depart- able for the CINC initiative fund account; alent duty, and for members of the Marine ment of the Army and National Presto In- and of which not to exceed $28,588,000 can be Corps platoon leaders class, and expenses au- dustries Inc. for the remediation of environ- used for emergencies and extraordinary ex- thorized by section 2131 of title 10, United mental contamination at the National Pres- penses, to be expended on the approval or au- States Code; and for payments to the Depart- to Industries Inc. site at Eau Claire, WI. thority of the Secretary of Defense, and pay- ment of Defense Military Retirement Fund; These funds shall be made available no later ments may be made on his certificate of ne- $364,551,000. than sixty days following the enactment of cessity for confidential military purposes: RESERVE PERSONNEL, AIR FORCE this Act: Provided further, That of the funds Provided, That of the funds appropriated provided under this heading, $500,000 may be For pay, allowances, clothing, subsistence, under this heading, $20,000,000 shall be made available for the Life Sciences Equipment gratuities, travel, and related expenses for available only for use in federally owned Laboratory, Kelly Air Force Base, Texas, for personnel of the Air Force Reserve on active education facilities located on military in- work in support of the Joint Task Force– duty under sections 265, 8021, and 8038 of title stallations for the purpose of transferring Full Accounting. 10, United States Code, or while serving on title of such facilities to the local education active duty under section 672(d) of title 10, OPERATION AND MAINTENANCE, NAVY agency: Provided further, That of the funds provided under this heading, $169,800,000 shall United States Code, in connection with per- (INCLUDING TRANSFER OF FUNDS) be available only for Real Property Mainte- forming duty specified in section 678(a) of For expenses, not otherwise provided for, nance activities, and shall remain available title 10, United States Code, or while under- necessary for the operation and maintenance for obligation until September 30, 1997: Pro- going reserve training, or while performing of the Navy and the Marine Corps, as author- vided further, That of the funds appropriated drills or equivalent duty or other duty, and ized by law; and not to exceed $4,151,000 can in this paragraph, $11,200,000 shall be avail- for members of the Air Reserve Officers’ be used for emergencies and extraordinary able for the Joint Analytic Model Improve- Training Corps, and expenses authorized by expenses, to be expended on the approval or ment Program: Provided further, That of the section 2131 of title 10, United States Code; authority of the Secretary of the Navy, and funds appropriated in this paragraph, and for payments to the Department of De- payments may be made on his certificate of $10,000,000 shall be available for the Troops- fense Military Retirement Fund; $783,861,000. necessity for confidential military purposes; to-Cops program: Provided further, That of NATIONAL GUARD PERSONNEL, ARMY $21,195,301,000 and, in addition, $50,000,000 the funds provided under this heading, For pay, allowances, clothing, subsistence, shall be derived by transfer from the Na- $42,000,000 shall be available for the Troops- gratuities, travel, and related expenses for tional Defense Stockpile Transaction Fund: to-Teachers program. Provided, That of the funds provided under personnel of the Army National Guard while OPERATION AND MAINTENANCE, ARMY this heading, $1,150,000,000 shall be available on duty under section 265, 3021, or 3496 of RESERVE only for Real Property Maintenance activi- title 10 or section 708 of title 32, United For expenses, not otherwise provided for, States Code, or while serving on duty under ties, and shall remain available for obliga- tion until September 30, 1997: Provided fur- necessary for the operation and mainte- section 672(d) of title 10 or section 502(f) of nance, including training, organization, and title 32, United States Code, in connection ther, That, of the funds appropriated under this heading, not more than $12,200,000 shall administration, of the Army Reserve; repair with performing duty specified in section of facilities and equipment; hire of passenger 678(a) of title 10, United States Code, or be available only for paying the costs of ter- minating Project ELF. motor vehicles; travel and transportation; while undergoing training, or while per- care of the dead; recruiting; procurement of OPERATION AND MAINTENANCE, MARINE CORPS forming drills or equivalent duty or other services, supplies, and equipment; and com- duty, and expenses authorized by section 2131 For expenses, not otherwise provided for, munications; $1,068,312,000: Provided, That of of title 10, United States Code; and for pay- necessary for the operation and maintenance the funds provided under this heading, ments to the Department of Defense Military of the Marine Corps, as authorized by law; $47,589,000 shall be available only for Real Retirement Fund; $3,222,422,000. $2,341,737,000: Provided, That of the funds pro- Property Maintenance activities, and shall NATIONAL GUARD PERSONNEL, AIR FORCE vided under this heading, $366,800,000 shall be remain available for obligation until Sep- available only for Real Property Mainte- For pay, allowances, clothing, subsistence, tember 30, 1997. nance activities, and shall remain available gratuities, travel, and related expenses for OPERATION AND MAINTENANCE, NAVY RESERVE for obligation until September 30, 1997. personnel of the Air National Guard on duty For expenses, not otherwise provided for, under section 265, 8021, or 8496 of title 10 or OPERATION AND MAINTENANCE, AIR FORCE necessary for the operation and mainte- section 708 of title 32, United States Code, or (INCLUDING TRANSFER OF FUNDS) nance, including training, organization, and while serving on duty under section 672(d) of For expenses, not otherwise provided for, administration, of the Navy Reserve; repair title 10 or section 502(f) of title 32, United necessary for the operation and maintenance of facilities and equipment; hire of passenger States Code, in connection with performing of the Air Force, as authorized by law; and motor vehicles; travel and transportation; duty specified in section 678(a) of title 10, not to exceed $8,326,000 can be used for emer- care of the dead; recruiting; procurement of United States Code, or while undergoing gencies and extraordinary expenses, to be ex- services, supplies, and equipment; and com- training, or while performing drills or equiv- pended on the approval or authority of the munications; $826,042,000: Provided, That of alent duty or other duty, and expenses au- Secretary of the Air Force, and payments the funds provided under this heading, thorized by section 2131 of title 10, United may be made on his certificate of necessity $31,954,000 shall be available only for Real States Code; and for payments to the Depart- for confidential military purposes; Property Maintenance activities, and shall ment of Defense Military Retirement Fund; $18,202,437,000 and, in addition, $50,000,000 remain available for obligation until Sep- $1,259,627,000. shall be derived by transfer from the Na- tember 30, 1997.

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OPERATION AND MAINTENANCE, MARINE CORPS available only for Real Property Mainte- handling equipment, spare parts, and acces- RESERVE nance activities, and shall remain available sories therefor; specialized equipment and For expenses, not otherwise provided for, for obligation until September 30, 1997. training devices; expansion of public and pri- necessary for the operation and mainte- UNITED STATES COURT OF APPEALS FOR THE vate plants, including the land necessary nance, including training, organization, and ARMED FORCES therefor, for the foregoing purposes, and administration, of the Marine Corps Reserve; For salaries and expenses necessary for the such lands and interests therein, may be ac- repair of facilities and equipment; hire of United States Court of Appeals for the quired, and construction prosecuted thereon passenger motor vehicles; travel and trans- Armed Forces; $6,521,000, of which not to ex- prior to approval of title; and procurement portation; care of the dead; recruiting; pro- ceed $2,500 can be used for official represen- and installation of equipment, appliances, curement of services, supplies, and equip- tation purposes. and machine tools in public and private ment; and communications; $90,283,000: Pro- plants; reserve plant and Government and ENVIRONMENTAL RESTORATION, DEFENSE vided, That of the funds provided under this contractor-owned equipment layaway; and heading, $4,911,000 shall be available only for (INCLUDING TRANSFER OF FUNDS) other expenses necessary for the foregoing Real Property Maintenance activities, and For the Department of Defense; purposes; $1,498,623,000, to remain available shall remain available for obligation until $1,487,000,000, to remain available until trans- for obligation until September 30, 1998. September 30, 1997. ferred: Provided, That the Secretary of De- MISSILE PROCUREMENT, ARMY OPERATION AND MAINTENANCE, AIR FORCE fense shall, upon determining that such For construction, procurement, produc- RESERVE funds are required for environmental res- tion, modification, and modernization of toration, reduction and recycling of haz- For expenses, not otherwise provided for, missiles, equipment, including ordnance, ardous waste, removal of unsafe buildings necessary for the operation and mainte- ground handling equipment, spare parts, and and debris of the Department of Defense, or nance, including training, organization, and accessories therefor; specialized equipment for similar purposes (including programs and administration, of the Air Force Reserve; re- and training devices; expansion of public and operations at sites formerly used by the De- pair of facilities and equipment; hire of pas- private plants, including the land necessary partment of Defense), transfer the funds senger motor vehicles; travel and transpor- therefor, for the foregoing purposes, and made available by this appropriation to tation; care of the dead; recruiting; procure- such lands and interests therein, may be ac- other appropriations made available to the ment of services, supplies, and equipment; quired, and construction prosecuted thereon Department of Defense, to be merged with and communications; $1,485,947,000: Provided, prior to approval of title; and procurement and to be available for the same purposes That of the funds provided under this head- and installation of equipment, appliances, and for the same period as the appropria- ing, $63,062,000 shall be available only for and machine tools in public and private tions of funds to which transferred, as fol- Real Property Maintenance activities, and plants; reserve plant and Government and lows: shall remain available for obligation until contractor-owned equipment layaway; and Operation and Maintenance, Army, September 30, 1997. other expenses necessary for the foregoing $659,000,000; purposes; $846,555,000, to remain available for OPERATION AND MAINTENANCE, ARMY Operation and Maintenance, Navy, obligation until September 30, 1998. NATIONAL GUARD $405,000,000; PROCUREMENT OF WEAPONS AND TRACKED For expenses of training, organizing, and Operation and Maintenance, Air Force, COMBAT VEHICLES, ARMY administering the Army National Guard, in- $368,000,000; and cluding medical and hospital treatment and Operation and Maintenance, Defense-wide, For construction, procurement, produc- related expenses in non-Federal hospitals; $55,000,000: tion, and modification of weapons and tracked combat vehicles, equipment, includ- maintenance, operation, and repairs to Provided further, That upon a determination structures and facilities; hire of passenger ing ordnance, spare parts, and accessories that all or part of the funds transferred from therefor; specialized equipment and training motor vehicles; personnel services in the Na- this appropriation are not necessary for the tional Guard Bureau; travel expenses (other devices; expansion of public and private purposes provided herein, such amounts may plants, including the land necessary there- than mileage), as authorized by law for be transferred back to this appropriation. Army personnel on active duty, for Army for, for the foregoing purposes, and such SUMMER OLYMPICS National Guard division, regimental, and lands and interests therein, may be acquired, battalion commanders while inspecting units For logistical support and personnel serv- and construction prosecuted thereon prior to in compliance with National Guard Bureau ices (other than pay and non-travel-related approval of title; and procurement and in- regulations when specifically authorized by allowances of members of the Armed Forces stallation of equipment, appliances, and ma- the Chief, National Guard Bureau; supplying of the United States, except for members of chine tools in public and private plants; re- and equipping the Army National Guard as the reserve components thereof called or or- serve plant and Government and contractor- authorized by law; and expenses of repair, dered to active duty to provide support for owned equipment layaway; and other ex- modification, maintenance, and issue of sup- the 1996 Games of the XXVI Olympiad to be penses necessary for the foregoing purposes; plies and equipment (including aircraft); held in Atlanta, Georgia) provided by any $1,396,264,000, to remain available for obliga- $2,361,708,000: Provided, That of the funds pro- component of the Department of Defense to tion until September 30, 1998. vided under this heading, $150,188,000 shall be the 1996 Games of the XXVI Olympiad; PROCUREMENT OF AMMUNITION, ARMY available only for Real Property Mainte- $15,000,000: Provided, That funds appropriated For construction, procurement, produc- nance activities, and shall be available for under this heading shall remain available for tion, and modification of ammunition, and obligation until September 30, 1997. obligation until September 30, 1997. accessories therefor; specialized equipment OPERATION AND MAINTENANCE, AIR NATIONAL HUMANITARIAN ASSISTANCE and training devices; expansion of public and GUARD For training and activities related to the private plants, including ammunition facili- For operation and maintenance of the Air clearing of landmines for humanitarian pur- ties authorized by section 2854, title 10, National Guard, including medical and hos- poses, $60,000,000. United States Code, and the land necessary pital treatment and related expenses in non- FORMER SOVIET UNION THREAT REDUCTION therefor, for the foregoing purposes, and such lands and interests therein, may be ac- Federal hospitals; maintenance, operation, For assistance to the republics of the quired, and construction prosecuted thereon repair, and other necessary expenses of fa- former Soviet Union, including assistance prior to approval of title; and procurement cilities for the training and administration provided by contract or by grants, for facili- and installation of equipment, appliances, of the Air National Guard, including repair tating the elimination and the safe and se- and machine tools in public and private of facilities, maintenance, operation, and cure transportation and storage of nuclear, plants; reserve plant and Government and modification of aircraft; transportation of chemical and other weapons; for providing contractor-owned equipment layaway; and things; hire of passenger motor vehicles; sup- incentives for demilitarization; for estab- other expenses necessary for the foregoing plies, materials, and equipment, as author- lishing programs to prevent the proliferation purposes; $1,090,891,000, to remain available ized by law for the Air National Guard; and of weapons, weapons components, and weap- for obligation until September 30, 1998. expenses incident to the maintenance and on-related technology and expertise; for pro- use of supplies, materials, and equipment, in- grams relating to the training and support of OTHER PROCUREMENT, ARMY cluding such as may be furnished from defense and military personnel for demili- For construction, procurement, produc- stocks under the control of agencies of the tarization and protection of weapons, weap- tion, and modification of vehicles, including Department of Defense; travel expenses ons components and weapons technology and tactical, support, and nontracked combat ve- (other than mileage) on the same basis as au- expertise; $325,000,000 to remain available hicles; the purchase of not to exceed 41 pas- thorized by law for Air National Guard per- until expended. senger motor vehicles for replacement only; sonnel on active Federal duty, for Air Na- TITLE III communications and electronic equipment; tional Guard commanders while inspecting other support equipment; spare parts, ord- units in compliance with National Guard Bu- PROCUREMENT nance, and accessories therefor; specialized reau regulations when specifically author- AIRCRAFT PROCUREMENT, ARMY equipment and training devices; expansion of ized by the Chief, National Guard Bureau; For construction, procurement, produc- public and private plants, including the land $2,724,021,000: Provided, That of the funds pro- tion, modification, and modernization of air- necessary therefor, for the foregoing pur- vided under this heading, $85,571,000 shall be craft, equipment, including ordnance, ground poses, and such lands and interests therein,

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may be acquired, and construction pros- OTHER PROCUREMENT, NAVY of 1 vehicle required for physical security of ecuted thereon prior to approval of title; and For procurement, production, and mod- personnel, notwithstanding price limitations procurement and installation of equipment, ernization of support equipment and mate- applicable to passenger vehicles but not to appliances, and machine tools in public and rials not otherwise provided for, Navy ord- exceed $260,000 per vehicle; and expansion of private plants; reserve plant and Govern- nance (except ordnance for new aircraft, new public and private plants, Government- ment and contractor-owned equipment lay- ships, and ships authorized for conversion); owned equipment and installation thereof in away; and other expenses necessary for the the purchase of not to exceed 252 passenger such plants, erection of structures, and ac- foregoing purposes; $2,760,002,000, to remain motor vehicles for replacement only; expan- quisition of land, for the foregoing purposes, available for obligation until September 30, sion of public and private plants, including and such lands and interests therein, may be 1998. the land necessary therefor, and such lands acquired, and construction prosecuted there- AIRCRAFT PROCUREMENT, NAVY and interests therein, may be acquired, and on, prior to approval of title; reserve plant For construction, procurement, produc- construction prosecuted thereon prior to ap- and Government and contractor-owned tion, modification, and modernization of air- proval of title; and procurement and instal- equipment layaway; $6,540,951,000, to remain craft, equipment, including ordnance, spare lation of equipment, appliances, and ma- available for obligation until September 30, parts, and accessories therefor; specialized chine tools in public and private plants; re- 1998. equipment; expansion of public and private serve plant and Government and contractor- PROCUREMENT, DEFENSE-WIDE plants, including the land necessary there- owned equipment layaway; $2,394,260,000, to For expenses of activities and agencies of for, and such lands and interests therein, remain available for obligation until Sep- the Department of Defense (other than the may be acquired, and construction pros- tember 30, 1998. military departments) necessary for procure- ecuted thereon prior to approval of title; and PROCUREMENT, MARINE CORPS ment, production, and modification of equip- procurement and installation of equipment, For expenses necessary for the procure- ment, supplies, materials, and spare parts appliances, and machine tools in public and ment, manufacture, and modification of mis- therefor, not otherwise provided for; the pur- private plants; reserve plant and Govern- siles, armament, military equipment, spare chase of not to exceed 451 passenger motor ment and contractor-owned equipment lay- parts, and accessories therefor; plant equip- vehicles, of which 447 shall be for replace- away; $4,897,393,000, to remain available for ment, appliances, and machine tools, and in- ment only; expansion of public and private obligation until September 30, 1998. stallation thereof in public and private plants, equipment, and installation thereof WEAPONS PROCUREMENT, NAVY plants; reserve plant and Government and in such plants, erection of structures, and For construction, procurement, produc- contractor-owned equipment layaway; vehi- acquisition of land for the foregoing pur- tion, modification, and modernization of cles for the Marine Corps, including the pur- poses, and such lands and interests therein, missiles, torpedoes, other weapons, other chase of not to exceed 194 passenger motor may be acquired, and construction pros- ordnance and ammunition, and related sup- vehicles for replacement only; and expansion ecuted thereon prior to approval of title; re- port equipment including spare parts, and of public and private plants, including land serve plant and Government and contractor- accessories therefor; expansion of public and necessary therefor, and such lands and inter- owned equipment layaway; $2,114,824,000, to private plants, including the land necessary ests therein, may be acquired and construc- remain available for obligation until Sep- therefor, and such lands and interests there- tion prosecuted thereon prior to approval of tember 30, 1998. in, may be acquired, and construction pros- title; $597,139,000, to remain available for ob- NATIONAL GUARD AND RESERVE EQUIPMENT ecuted thereon prior to approval of title; and ligation until September 30, 1998. For procurement of aircraft, missiles, procurement and installation of equipment, AIRCRAFT PROCUREMENT, AIR FORCE tracked combat vehicles, ammunition, other appliances, and machine tools in public and For construction, procurement, and modi- weapons, and other procurement for the re- private plants; reserve plant and Govern- fication of aircraft and equipment, including serve components of the Armed Forces; ment and contractor-owned equipment lay- armor and armament, specialized ground $777,000,000, to remain available for obliga- away; $1,771,421,000, to remain available for handling equipment, and training devices, tion until September 30, 1998: Provided, That obligation until September 30, 1998. spare parts, and accessories therefor; special- the Chiefs of the Reserve and National Guard SHIPBUILDING AND CONVERSION, NAVY ized equipment; expansion of public and pri- components shall, not later than December For expenses necessary for the construc- vate plants, Government-owned equipment 1, 1995, individually submit to the congres- tion, acquisition, or conversion of vessels as and installation thereof in such plants, erec- sional defense committees the modernization authorized by law, including armor and ar- tion of structures, and acquisition of land, priority assessment for their respective Re- mament thereof, plant equipment, appli- for the foregoing purposes, and such lands serve or National Guard component. ances, and machine tools and installation and interests therein, may be acquired, and TITLE IV thereof in public and private plants; reserve construction prosecuted thereon prior to ap- RESEARCH, DEVELOPMENT, TEST AND plant and Government and contractor-owned proval of title; reserve plant and Govern- EVALUATION equipment layaway; procurement of critical, ment and contractor-owned equipment lay- RESEARCH, DEVELOPMENT, TEST AND long leadtime components and designs for away; and other expenses necessary for the EVALUATION, ARMY vessels to be constructed or converted in the foregoing purposes including rents and trans- For expenses necessary for basic and ap- future; and expansion of public and private portation of things; $7,163,258,000, to remain plied scientific research, development, test plants, including land necessary therefore, available for obligation until September 30, and evaluation, including maintenance, re- and such lands and interests therein, may be 1998. acquired, and construction prosecuted there- habilitation, lease, and operation of facili- MISSILE PROCUREMENT, AIR FORCE on prior to approval of title, as follows: ties and equipment, as authorized by law; For continuation of the SSN–21 attack sub- For construction, procurement, and modi- $4,639,131,000, to remain available for obliga- marine program, $700,000,000; fication of missiles, spacecraft, rockets, am- tion until September 30, 1997: Provided, That NSSN–1 (AP) $704,498,000; munition, and related equipment, including of the funds appropriated in this paragraph NSSN–2 (AP) $100,000,000; spare parts and accessories therefor, ground for the Other Missile Product Improvement CVN Refuelings, $221,988,000; handling equipment, and training devices; Program program element, $10,000,000 is pro- DDG–51 destroyer program, $3,586,800,000; expansion of public and private plants, Gov- vided only for the full qualification and oper- LHD–1 amphibious assault ship program, ernment-owned equipment and installation ational platform certification of Non-Devel- $1,300,000,000; and thereof in such plants, erection of struc- opmental Item (NDI) composite 2.75 inch For craft, outfitting, post delivery, conver- tures, and acquisition of land, for the fore- rocket motors and composite propellant pur- sions, and first destination transportation, going purposes, and such lands and interests suant to the initiation of a Product Improve- $448,715,000; therein, may be acquired, and construction ment Program (PIP) for the Hydra-70 rocket. prosecuted thereon prior to approval of title; in all: $7,062,001,000, to remain available for RESEARCH, DEVELOPMENT, TEST AND reserve plant and Government and con- obligation until September 30, 2000: Provided, EVALUATION, NAVY tractor-owned equipment layaway; and other That additional obligations may be incurred For expenses necessary for basic and ap- expenses necessary for the foregoing pur- after September 30, 2000, for engineering plied scientific research, development, test poses including rents and transportation of services, tests, evaluations, and other such and evaluation, including maintenance, re- things; $3,550,192,000, to remain available for budgeted work that must be performed in habilitation, lease, and operation of facili- obligation until September 30, 1998. the final stage of ship construction: Provided ties and equipment, as authorized by law; further, That none of the funds herein pro- OTHER PROCUREMENT, AIR FORCE $8,282,051,000, to remain available for obliga- vided for the construction or conversion of For procurement and modification of tion until September 30, 1997: Provided, That any naval vessel to be constructed in ship- equipment (including ground guidance and of the funds provided in Public Law 103–355, yards in the United States shall be expended electronic control equipment, and ground in title IV, under the heading Research, De- in foreign facilities for the construction of electronic and communication equipment), velopment, Test and Evaluation, Navy, major components of such vessel: Provided and supplies, materials, and spare parts $5,000,000 shall be made available as a grant further, That none of the funds herein pro- therefor, not otherwise provided for; the pur- only to the Marine and Environmental Re- vided shall be used for the construction of chase of not to exceed 385 passenger motor search and Training Station (MERTS) for any naval vessel in foreign shipyards. vehicles for replacement only; the purchase laboratory and other efforts associated with

VerDate Aug 31 2005 06:53 May 28, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05SE5.REC S05SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 5, 1995 CONGRESSIONAL RECORD — SENATE S12571 research, development, and other programs TITLE V ferred: Provided further, That the transfer au- of major importance to the Department of REVOLVING AND MANAGEMENT FUNDS thority provided in this paragraph is in addi- Defense: Provided further, That of the funds DEFENSE BUSINESS OPERATIONS FUND tion to any transfer authority contained appropriated under this heading, $45,458,000 elsewhere in this Act. For the Defense Business Operations Fund; shall be made available for the Intercooled $1,178,700,000: Provided, That of the funds ap- OFFICE OF THE INSPECTOR GENERAL Recuperative Turbine Engine Project. propriated under this heading, $300,000,000 For expenses and activities of the Office of RESEARCH, DEVELOPMENT, TEST AND shall be available only to support the na- the Inspector General in carrying out the EVALUATION, AIR FORCE tional defense missions of the Coast Guard, provisions of the Inspector General Act of For expenses necessary for basic and ap- while operating in conjunction with and in 1978, as amended; $139,226,000, of which plied scientific research, development, test support of the Navy: Provided further, That $138,226,000 shall be for Operation and main- and evaluation, including maintenance, re- pursuant to the authorities provided under tenance, of which not to exceed $400,000 is habilitation, lease, and operation of facili- this heading, the Secretary of the Navy shall available for emergencies and extraordinary ties and equipment, as authorized by law; make available to the Coast Guard ship and expenses to be expended on the approval or $13,087,389,000, to remain available for obliga- aviation fuel, spare parts, munitions, ship authority of the Inspector General, and pay- tion until September 30, 1997. stores, commissary goods, ship and aircraft ments may be made on his certificate of ne- repair services to ensure the national defense RESEARCH, DEVELOPMENT, TEST AND cessity for confidential military purposes; capabilities and preparedness of the Coast EVALUATION, DEFENSE-WIDE and of which $1,000,000, to remain available Guard. until September 30, 1998, shall be for Pro- For expenses of activities and agencies of NATIONAL DEFENSE SEALIFT FUND curement. the Department of Defense (other than the military departments), necessary for basic For National Defense Sealift Fund pro- TITLE VII grams, projects, and activities, and for ex- and applied scientific research, development, RELATED AGENCIES test and evaluation; advanced research penses of the National Defense Reserve CENTRAL INTELLIGENCE AGENCY RETIREMENT projects as may be designated and deter- Fleet, as established by section 11 of the AND DISABILITY SYSTEM FUND mined by the Secretary of Defense, pursuant Merchant Ship Sales Act of 1946 (50 U.S.C. to law; maintenance, rehabilitation, lease, App. 1774); $1,024,220,000, to remain available For payment to the Central Intelligence and operation of facilities and equipment, as until expended: Provided, That the Secretary Agency Retirement and Disability System authorized by law; $9,196,784,000, to remain of the Navy may obligate not to exceed Fund, to maintain proper funding level for available for obligation until September 30, $110,000,000 from available appropriations to continuing the operation of the Central In- 1997: Provided, That of the funds appropriated the Navy for the procurement of one addi- telligence Agency Retirement and Disability in this paragraph, $35,000,000 shall be avail- tional MPS ship. System; $213,900,000. TITLE VI able for the Corps Surface-to-Air Missile NATIONAL SECURITY EDUCATION TRUST FUND (Corps SAM) program: Provided further, That OTHER DEPARTMENT OF DEFENSE For the purposes of title VIII of Public of the funds appropriated in this paragraph, PROGRAMS Law 102–183, $7,500,000, to be derived from the $3,000,000 shall be available for the Large DEFENSE HEALTH PROGRAM National Security Education Trust Fund, to Millimeter Telescope project: Provided fur- For expenses, not otherwise provided for, remain available until expended. ther, That of the funds appropriated in this for medical and health care programs of the paragraph, not more than $48,505,000 shall be Department of Defense, as authorized by law; COMMUNITY MANAGEMENT ACCOUNT available for the Strategic Environmental $10,196,558,000, of which $9,908,525,000 shall be For necessary expenses of the Community Research Program program element activi- for Operation and maintenance, of which Management Account; $98,283,000. ties and not more than $34,302,000 shall be $288,033,000, to remain available for obliga- KAHO’OLAWE ISLAND CONVEYANCE, REMEDI- available for Technical Studies, Support and tion until September 30, 1998, shall be for Analysis program element activities: Pro- ATION, AND ENVIRONMENTAL RESTORATION Procurement: Provided, That of the funds ap- TRUST FUND vided further, That of the $475,470,000 appro- propriated under this heading, $14,500,000 priated in this paragraph for the Other The- shall be made available for obtaining emer- For payment to the Kaho’olawe Island ater Missile Defense, up to $25,000,000 may be gency communications services for members Conveyance, Remediation, and Environ- available for the operation of the Battlefield of the Armed Forces and their families from mental Restoration Trust Fund, as author- Integration Center: Provided further, That the American National Red Cross as author- ized by law, $25,000,000, to remain available the funds made available under the second ized by law. until expended. proviso under this heading in Public Law CHEMICAL AGENTS AND MUNITIONS TITLE VIII 103–335 (108 Stat. 2613) shall also be available DESTRUCTION, DEFENSE to cover the reasonable costs of the adminis- GENERAL PROVISIONS tration of loan guarantees referred to in that For expenses, not otherwise provided for, SEC. 8001. No part of any appropriation proviso and shall be available to cover such necessary for the destruction of the United contained in this Act shall be used for pub- costs of administration and the costs of such States stockpile of lethal chemical agents licity or propaganda purposes not authorized loan guarantees until September 30, 1998: and munitions in accordance with the provi- by the Congress. sions of section 1412 of the Department of Provided further, That of the funds appro- SEC. 8002. During the current fiscal year, priated in this paragraph for the Ballistic Defense Authorization Act, 1986 (50 U.S.C. provisions of law prohibiting the payment of Missile Defense Organization, $10,000,000 1521), and for the destruction of other chem- compensation to, or employment of, any per- shall only be available to continue program ical warfare materials that are not in the son not a citizen of the United States shall activities and launch preparation efforts chemical weapon stockpile, $631,698,000, of not apply to personnel of the Department of under the Strategic Target System (STARS) which $353,850,000 shall be for Operation and Defense: Provided, That salary increases program. maintenance, $224,448,000 shall be for Pro- granted to direct and indirect hire foreign curement to remain available until Sep- national employees of the Department of De- DEVELOPMENTAL TEST AND EVALUATION, tember 30, 1998, and $53,400,000 shall be for DEFENSE fense funded by this Act shall not be at a Research, development, test and evaluation rate in excess of the percentage increase au- For expenses, not otherwise provided for, to remain available until September 30, 1997. thorized by law for civilian employees of the of independent activities of the Director, DRUG INTERDICTION AND COUNTER-DRUG Department of Defense whose pay is com- Test and Evaluation in the direction and su- ACTIVITIES, DEFENSE puted under the provisions of section 5332 of pervision of developmental test and evalua- (INCLUDING TRANSFER OF FUNDS) title 5, United States Code, or at a rate in ex- tion, including performance and joint devel- cess of the percentage increase provided by opmental testing and evaluation; and admin- For drug interdiction and counter-drug ac- the appropriate host nation to its own em- istrative expenses in connection therewith; tivities of the Department of Defense, for ployees, whichever is higher: Provided fur- $246,082,000, to remain available for obliga- transfer to appropriations available to the ther, That this section shall not apply to De- tion until September 30, 1997. Department of Defense for military per- sonnel of the reserve components serving partment of Defense foreign service national OPERATIONAL TEST AND EVALUATION, under the provisions of title 10 and title 32, employees serving at United States diplo- DEFENSE United States Code; for Operation and main- matic missions whose pay is set by the De- For expenses, not otherwise provided for, tenance; for Procurement; and for Research, partment of State under the Foreign Service necessary for the independent activities of development, test and evaluation; Act of 1980: Provided further, That the limita- the Director, Operational Test and Evalua- $680,432,000: Provided, That of the funds pro- tions of this provision shall not apply to for- tion in the direction and supervision of oper- vided under this heading, $5,000,000 shall be eign national employees of the Department ational test and evaluation, including initial available for conversion of surplus heli- of Defense in the Republic of Turkey. operational test and evaluation which is con- copters of the Department of Defense for pro- SEC. 8003. No part of any appropriation ducted prior to, and in support of, production curement by State and local governments for contained in this Act shall remain available decisions; joint operational testing and eval- counter-drug activities: Provided further, for obligation beyond the current fiscal year, uation; and administrative expenses in con- That the funds appropriated by this para- unless expressly so provided herein. nection therewith; $22,587,000, to remain graph shall be available for obligation for SEC. 8004. No more than 20 per centum of available for obligation until September 30, the same time period and for the same pur- the appropriations in this Act which are lim- 1997. pose as the appropriation to which trans- ited for obligation during the current fiscal

VerDate Aug 31 2005 06:53 May 28, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05SE5.REC S05SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S12572 CONGRESSIONAL RECORD — SENATE September 5, 1995 year shall be obligated during the last two used by the Secretary of a military depart- States Code, for humanitarian and civic as- months of the fiscal year: Provided, That this ment to purchase coal or coke from foreign sistance costs under chapter 20 of title 10, section shall not apply to obligations for nations for use at United States defense fa- United States Code. Such funds may also be support of active duty training of reserve cilities in Europe when coal from the United obligated for humanitarian and civic assist- components or summer camp training of the States is available. ance costs incidental to authorized oper- Reserve Officers’ Training Corps. SEC. 8008. Funds appropriated by this Act ations and pursuant to authority granted in (TRANSFER OF FUNDS) may not be used to initiate a special access section 401 of chapter 20 of title 10, United program without prior notification 30 cal- SEC. 8005. Upon determination by the Sec- States Code, and these obligations shall be retary of Defense that such action is nec- endar days in session in advance to the Com- reported to Congress on September 30 of each essary in the national interest, he may, with mittees on Appropriations, Armed Services, year: Provided, That funds available for oper- the approval of the Office of Management and National Security of the Senate and ation and maintenance shall be available for and Budget, transfer not to exceed House of Representatives. providing humanitarian and similar assist- SEC. 8009. None of the funds contained in $2,400,000,000 of working capital funds of the ance by using Civic Action Teams in the this Act available for the Civilian Health and Department of Defense or funds made avail- Trust Territories of the Pacific Islands and Medical Program of the Uniformed Services able in this Act to the Department of De- freely associated states of Micronesia, pursu- shall be available for payments to physicians fense for military functions (except military ant to the Compact of Free Association as and other authorized individual health care construction) between such appropriations authorized by Public Law 99–239: Provided providers in excess of the amounts allowed in or funds or any subdivision thereof, to be further, That upon a determination by the fiscal year 1994 for similar services, except merged with and to be available for the same Secretary of the Army that such action is that: (a) for services for which the Secretary purposes, and for the same time period, as beneficial for graduate medical education of Defense determines an increase is justified the appropriation or fund to which trans- programs conducted at Army medical facili- by economic circumstances, the allowable ferred: Provided, That such authority to ties located in Hawaii, the Secretary of the amounts may be increased in accordance transfer may not be used unless for higher Army may authorize the provision of med- with appropriate economic index data simi- priority items, based on unforeseen military ical services at such facilities and transpor- lar to that used pursuant to title XVIII of requirements, than those for which origi- tation to such facilities, on a nonreimburs- the Social Security Act; and (b) for services nally appropriated and in no case where the able basis, for civilian patients from Amer- the Secretary determines are overpriced item for which funds are requested has been ican Samoa, the Commonwealth of the based on allowable payments under title denied by Congress: Provided further, That Northern Mariana Islands, the Marshall Is- XVIII of the Social Security Act, the allow- the Secretary of Defense shall notify the lands, the Federated States of Micronesia, able amounts shall be reduced by not more Congress promptly of all transfers made pur- Palau, and Guam. than 15 percent (except that the reduction suant to this authority or any other author- SEC. 8012. None of the funds provided in may be waived if the Secretary determines ity in this Act: Provided further, That no part this Act shall be available either to return that it would impair adequate access to of the funds in this Act shall be available to any IOWA Class Battleships to the Naval health care services for beneficiaries). The prepare or present a request to the Commit- Register, or to retain the logistical support Secretary shall solicit public comment prior tees on Appropriations for reprogramming of necessary for support of any IOWA Class to promulgating regulations to implement funds, unless for higher priority items, based Battleships in active service. this section. Such regulations shall include a on unforeseen military requirements, than SEC. 8013. (a) The provisions of section limitation, similar to that used under title those for which originally appropriated and 115(a)(4) of title 10, United States Code, shall XVIII of the Social Security Act, on the ex- in no case where the item for which re- not apply with respect to fiscal year 1996 or tent to which a provider may bill a bene- programming is requested has been denied by with respect to the appropriation of funds for ficiary an actual charge in excess of the al- the Congress. that year. lowable amount. (b) During fiscal year 1996, the civilian per- (TRANSFER OF FUNDS) SEC. 8010. None of the funds provided in sonnel of the Department of Defense may not SEC. 8006. During the current fiscal year, this Act shall be available to initiate (1) a be managed on the basis of any end-strength, cash balances in working capital funds of the multiyear contract that employs economic and the management of such personnel dur- Department of Defense established pursuant order quantity procurement in excess of ing that fiscal year shall not be subject to to section 2208 of title 10, United States $20,000,000 in any one year of the contract or any constraint or limitation (known as an Code, may be maintained in only such that includes an unfunded contingent liabil- end-strength) on the number of such per- amounts as are necessary at any time for ity in excess of $20,000,000, or (2) a contract sonnel who may be employed on the last day cash disbursements to be made from such for advance procurement leading to a of such fiscal year. funds: Provided, That transfers may be made multiyear contract that employs economic (c) The fiscal year 1997 budget request for between such funds and the ‘‘Foreign Cur- order quantity procurement in excess of the Department of Defense as well as all jus- rency Fluctuations, Defense’’ and ‘‘Oper- $20,000,000 in any one year, unless the Com- tification material and other documentation ation and Maintenance’’ appropriation ac- mittees on Appropriations and Armed Serv- supporting the fiscal year 1997 Department of counts in such amounts as may be deter- ices of the Senate and House of Representa- Defense budget request shall be prepared and mined by the Secretary of Defense, with the tives have been notified at least thirty days submitted to the Congress as if subsections approval of the Office of Management and in advance of the proposed contract award: (a) and (b) of this provision were effective Budget, except that such transfers may not Provided, That no part of any appropriation with regard to fiscal year 1996. be made unless the Secretary of Defense has contained in this Act shall be available to SEC. 8014. Notwithstanding any other pro- notified the Congress of the proposed trans- initiate a multiyear contract for which the vision of law, none of the funds made avail- fer. Except in amounts equal to the amounts economic order quantity advance procure- able by this Act shall be used by the Depart- appropriated to working capital funds in this ment is not funded at least to the limits of ment of Defense to exceed, outside the fifty Act, no obligations may be made against a the Government’s liability: Provided further, United States, its territories, and the Dis- working capital fund to procure or increase That no part of any appropriation contained trict of Columbia, 125,000 civilian workyears: the value of war reserve material inventory, in this Act shall be available to initiate Provided, That workyears shall be applied as unless the Secretary of Defense has notified multiyear procurement contracts for any defined in the Federal Personnel Manual: the Congress prior to any such obligation. systems or component thereof if the value of Provided further, That workyears expended in SEC. 8007. Using funds available by this Act the multiyear contract would exceed dependent student hiring programs for dis- or any other Act, the Secretary of the Air $500,000,000 unless specifically provided in advantaged youths shall not be included in Force, pursuant to a determination under this Act: Provided further, That no multiyear this workyear limitation. section 2690 of title 10, United States Code, procurement contract can be terminated SEC. 8015. None of the funds made available may implement cost-effective agreements without 10-day prior notification to the Com- by this Act shall be used in any way, directly for required heating facility modernization mittees on Appropriations and Armed Serv- or indirectly, to influence congressional ac- in the Kaiserslautern Military Community ices of the House of Representatives and the tion on any legislation or appropriation mat- in the Federal Republic of Germany: Pro- Senate: Provided further, That the execution ters pending before the Congress. vided, That in the City of Kaiserslautern of multiyear authority shall require the use SEC. 8016. None of the funds appropriated such agreements will include the use of of a present value analysis to determine low- by this Act, during the current fiscal year United States anthracite as the base load en- est cost compared to an annual procurement. and hereafter, shall be obligated for the pay ergy for municipal district heat to the Funds appropriated in title III of this Act of any individual who is initially employed United States Defense installations: Provided may be used for multiyear procurement con- after the date of enactment of this Act as a further, That at Landstuhl Army Regional tracts as follows: technician in the administration and train- Medical Center and Ramstein Air Base, fur- UH–60 Blackhawk helicopter; ing of the Army Reserve and the mainte- nished heat may be obtained from private, Apache Longbow helicopter; and nance and repair of supplies issued to the regional or municipal services, if provisions M1A2 tank upgrade. Army Reserve unless such individual is also are included for the consideration of United SEC. 8011. Within the funds appropriated a military member of the Army Reserve States coal as an energy source: Provided fur- for the operation and maintenance of the troop program unit that he or she is em- ther, That none of the funds available to the Armed Forces, funds are hereby appropriated ployed to support. Those technicians em- Department of Defense in this Act shall be pursuant to section 401 of title 10, United ployed by the Army Reserve in areas other

VerDate Aug 31 2005 06:53 May 28, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05SE5.REC S05SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 5, 1995 CONGRESSIONAL RECORD — SENATE S12573 than Army Reserve troop program units House of Representatives and the Senate: may transfer prior year, unobligated bal- need only be members of the Selected Re- Provided, That this section shall not apply to ances and funds appropriated in this Act to serve. a commercial or industrial type function of the operation and maintenance appropria- SEC. 8017. Notwithstanding any other pro- the Department of Defense that: (1) is in- tions for the purpose of providing military vision of law, during the current fiscal year cluded on the procurement list established technician and Department of Defense med- and hereafter, the Secretaries of the Army pursuant to section 2 of the Act of June 25, ical personnel pay and medical programs (in- and Air Force may authorize the retention 1938 (41 U.S.C. 47), popularly referred to as cluding CHAMPUS) the same exemption in an active status until age sixty of any per- the Javits-Wagner-O’Day Act; (2) is planned from sequestration set forth in the Balanced son who would otherwise be removed from an to be converted to performance by a quali- Budget and Emergency Deficit Control Act fied nonprofit agency for the blind or by a active status and who is employed as a Na- of 1985 (Public Law 99–177) as amended by the qualified nonprofit agency for other severely tional Guard or Reserve technician in a posi- Balanced Budget and Emergency Deficit handicapped individuals in accordance with tion in which active status in a reserve com- Control Reaffirmation Act of 1987 (Public ponent of the Army or Air Force is required that Act; or (3) is planned to be converted to performance by a qualified firm under 51 per- Law 100–119) and by the Budget Enforcement as a condition of that employment. Act of 1990 (Public Law 101–508) as that SEC. 8018. (a) None of the funds appro- cent Native American ownership. SEC. 8021. Notwithstanding any other pro- granted the other military personnel ac- priated by this Act shall be used to make vision of law, the Secretary of the Navy may counts: Provided, That any transfer made contributions to the Department of Defense use funds appropriated to charter ships to be pursuant to any use of the authority pro- Education Benefits Fund pursuant to section used as auxiliary minesweepers providing vided by this provision shall be limited so 2006(g) of title 10, United States Code, rep- that the owner agrees that these ships may that the amounts reprogrammed to the oper- resenting the normal cost for future benefits be activated as Navy Reserve ships with ation and maintenance appropriations do not under section 1415(c) of title 38, United Navy Reserve crews used in training exer- exceed the amounts sequestered under the States Code, for any member of the armed cises conducted in accordance with law and Balanced Budget and Emergency Deficit services who, on or after the date of enact- policies governing Naval Reserve forces. Control Act of 1985 (Public Law 99–177) as ment of this Act— SEC. 8022. For the purposes of the Balanced amended by the Balanced Budget and Emer- (1) enlists in the armed services for a pe- Budget and Emergency Deficit Control Act riod of active duty of less than three years; gency Deficit Control Reaffirmation Act of of 1985 (Public Law 99–177) as amended by the 1987 (Public Law 100–119) and by the Budget or Balanced Budget and Emergency Deficit Enforcement Act of 1990 (Public Law 101–508): (2) receives an enlistment bonus under sec- Control Reaffirmation Act of 1987 (Public Provided further, That the authority to make tion 308a or 308f of title 37, United States Law 100–119) and by the Budget Enforcement Code, Act of 1990 (Public Law 101–508), the term transfers pursuant to this section is in addi- tion to the authority to make transfers nor shall any amounts representing the nor- program, project, and activity for appropria- under other provisions of this Act: Provided mal cost of such future benefits be trans- tions contained in this Act shall be defined further, That the Secretary of Defense may ferred from the Fund by the Secretary of the as the most specific level of budget items proceed with such transfer after notifying Treasury to the Secretary of Veterans Af- identified in the Department of Defense Ap- fairs pursuant to section 2006(d) of title 10, propriations Act, 1996, the accompanying the Appropriations Committees of the House United States Code; nor shall the Secretary House and Senate Committee reports, the of Representatives and the Senate twenty of Veterans Affairs pay such benefits to any conference report and accompanying joint calendar days in session before any such such member: Provided, That, in the case of explanatory statement of the managers of transfer of funds under this provision. the Committee of Conference, the related a member covered by clause (1), these limita- SEC. 8026. None of the funds available to classified annexes and reports, and the P–1 tions shall not apply to members in combat the Department of the Navy may be used to and R–1 budget justification documents as arms skills or to members who enlist in the enter into any contract for the overhaul, re- subsequently modified by Congressional ac- armed services on or after July 1, 1989, under tion: Provided, That the following exception pair, or maintenance of any naval vessel a program continued or established by the to the above definition shall apply: homeported on the West Coast of the United Secretary of Defense in fiscal year 1991 to For the Military Personnel and the Oper- States which includes charges for interport test the cost-effective use of special recruit- ation and Maintenance accounts, the term differential as an evaluation factor for ing incentives involving not more than nine- ‘‘program, project, and activity’’ is defined award. teen noncombat arms skills approved in ad- as the appropriations accounts contained in SEC. 8027. None of the funds appropriated vance by the Secretary of Defense: Provided the Department of Defense Appropriations further, That this subsection applies only to by this Act available for the Civilian Health Act: Provided further, That at the time the and Medical Program of the Uniformed Serv- active components of the Army. President submits his budget for fiscal year ices (CHAMPUS) shall be available for the (b) None of the funds appropriated by this 1997, the Department of Defense shall trans- reimbursement of any health care provider Act shall be available for the basic pay and mit to the Committees on Appropriations for inpatient mental health service for care allowances of any member of the Army par- and the Committees on Armed Services of ticipating as a full-time student and receiv- the Senate and the House of Representatives received when a patient is referred to a pro- ing benefits paid by the Secretary of Vet- a budget justification document to be known vider of inpatient mental health care or resi- erans Affairs from the Department of De- as the ‘‘O–1’’ which shall identify, at the dential treatment care by a medical or fense Education Benefits Fund when time budget activity, activity group, and sub- health care professional having an economic spent as a full-time student is credited to- activity group level, the amounts requested interest in the facility to which the patient ward completion of a service commitment: by the President to be appropriated to the is referred: Provided, That this limitation Provided, That this subsection shall not Department of Defense for operation and does not apply in the case of inpatient men- apply to those members who have reenlisted maintenance in any budget request, or tal health services provided under the pro- with this option prior to October 1, 1987: Pro- amended budget request, for fiscal year 1997. gram for the handicapped under subsection vided further, That this subsection applies SEC. 8023. Of the funds made available by (d) of section 1079 of title 10, United States only to active components of the Army. this Act in title III, Procurement, $8,000,000, Code, provided as partial hospital care, or SEC. 8019. Funds appropriated in this Act drawn pro rata from each appropriations ac- provided pursuant to a waiver authorized by shall be available for the payment of not count in title III, shall be available for in- the Secretary of Defense because of medical more than 75 percent of the charges of a centive payments authorized by section 504 or psychological circumstances of the pa- postsecondary educational institution for of the Indian Financing Act of 1974, 25 U.S.C. tient that are confirmed by a health profes- the tuition or expenses of an officer in the 1544. These payments shall be available only sional who is not a Federal employee after a Ready Reserve of the Army National Guard to contractors which have submitted subcon- review, pursuant to rules prescribed by the or Army Reserve for education or training tracting plans pursuant to 15 U.S.C. 637(d), Secretary, which takes into account the ap- during his off-duty periods, except that no and according to regulations which shall be propriate level of care for the patient, the in- part of the charges may be paid unless the promulgated by the Secretary of Defense tensity of services required by the patient, officer agrees to remain a member of the within 90 days of the passage of this Act. and the availability of that care. Ready Reserve for at least four years after SEC. 8024. During the current fiscal year, SEC. 8028. Funds available in this Act may completion of such training or education. none of the funds available to the Depart- be used to provide transportation for the SEC. 8020. None of the funds appropriated ment of Defense may be used to procure or next-of-kin of individuals who have been by this Act shall be available to convert to acquire (1) defensive handguns unless such prisoners of war or missing in action from contractor performance an activity or func- handguns are the M9 or M11 9mm Depart- the Vietnam era to an annual meeting in the tion of the Department of Defense that, on ment of Defense standard handguns, or (2) of- United States, under such regulations as the or after the date of enactment of this Act, is fensive handguns except for the Special Op- Secretary of Defense may prescribe. performed by more than ten Department of erations Forces: Provided, That the foregoing Defense civilian employees until a most effi- shall not apply to handguns and ammunition SEC. 8029. Notwithstanding any other pro- cient and cost-effective organization anal- for marksmanship competitions. vision of law, funds available to the Depart- ysis is completed on such activity or func- (TRANSFER OF FUNDS) ment of Defense shall be made available to tion and certification of the analysis is made SEC. 8025. Notwithstanding any other pro- provide transportation of medical supplies to the Committees on Appropriations of the vision of law, the Department of Defense and equipment, on a nonreimbursable basis,

VerDate Aug 31 2005 06:53 May 28, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05SE5.REC S05SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S12574 CONGRESSIONAL RECORD — SENATE September 5, 1995 to American Samoa: Provided, That notwith- of an employee as defined by section 2105 of a nonprofit agency for the blind or other se- standing any other provision of law, funds title 5 or an individual employed by the gov- verely handicapped that has been approved available to the Department of Defense shall ernment of the District of Columbia, perma- by the Committee for the Purchase from the be made available to provide transportation nent or temporary indefinite, who— Blind and Other Severely Handicapped under of medical supplies and equipment, on a non- (1) is a member of a Reserve component of the Javits-Wagner-O’Day Act (41 U.S.C. 46– reimbursable basis, to the Indian Health the Armed Forces, as described in section 261 48). Service when it is in conjunction with a of title 10, or the National Guard, as de- SEC. 8042. During the current fiscal year, civil-military project. scribed in section 101 of title 32; net receipts pursuant to collections from SEC. 8030. Notwithstanding any other pro- (2) performs, for the purpose of providing third party payers pursuant to section 1095 of vision of law, during the current fiscal year, military aid to enforce the law or providing title 10, United States Code, shall be made the Secretary of Defense may, by Executive assistance to civil authorities in the protec- available to the local facility of the uni- Agreement, establish with host nation gov- tion or saving of life or property or preven- formed services responsible for the collec- ernments in NATO member states a separate tion of injury— tions and shall be over and above the facili- account into which such residual value (A) Federal service under section 331, 332, ty’s direct budget amount. amounts negotiated in the return of United 333, 3500, or 8500 of title 10, or other provision SEC. 8043. Notwithstanding any other pro- States military installations in NATO mem- of law, as applicable, or vision of law, of the funds appropriated for ber states may be deposited, in the currency (B) full-time military service for his State, the Defense Health Program during this fis- of the host nation, in lieu of direct monetary the District of Columbia, the Commonwealth cal year and hereafter, the amount payable transfers to the United States Treasury: Pro- of Puerto Rico, or a territory of the United for services provided under this section shall vided, That such credits may be utilized only States; and not be less than the amount calculated under for the construction of facilities to support (3) requests and is granted— the coordination of benefits reimbursement United States military forces in that host (A) leave under the authority of this sec- formula utilized when CHAMPUS is a sec- nation, or such real property maintenance tion; or ondary payor to medical insurance programs and base operating costs that are currently (B) annual leave, which may be granted other than Medicare, and such appropria- executed through monetary transfers to such without regard to the provisions of sections tions as necessary shall be available (not- host nations: Provided further, That the De- 5519 and 6323(b) of title 5, if such employee is withstanding the last sentence of section partment of Defense’s budget submission for otherwise entitled to such annual leave: 1086(c) of title 10, United States Code) to con- fiscal year 1997 shall identify such sums an- Provided, That any employee who requests tinue Civilian Health and Medical Program ticipated in residual value settlements, and leave under subsection (3)(A) for service de- of the Uniformed Services (CHAMPUS) bene- identify such construction, real property scribed in subsection (2) of this section is en- fits, until age 65, under such section for a maintenance or base operating costs that titled to such leave, subject to the provisions former member of a uniformed service who is shall be funded by the host nation through of this section and of the last sentence of entitled to retired or retainer pay or equiva- such credits: Provided further, That all mili- section 6323(b) of title 5, and such leave shall lent pay, or a dependent of such a member, tary construction projects to be executed be considered leave under section 6323(b) of or any other beneficiary described by section from such accounts must be previously ap- title 5. 1086(c) of title 10, United States Code, who proved in a prior Act of Congress: Provided SEC. 8036. None of the funds appropriated becomes eligible for hospital insurance bene- further, That each such Executive Agreement by this Act shall be available to perform any fits under part A of title XVIII of the Social with a NATO member host nation shall be cost study pursuant to the provisions of OMB Security Act (42 U.S.C. 1395 et seq.) solely on reported to the Committees on Appropria- Circular A–76 if the study being performed the grounds of physical disability, or end tions and Armed Services of the House of exceeds a period of twenty-four months after stage renal disease: Provided, That expenses Representatives and the Senate thirty days initiation of such study with respect to a under this section shall only be covered to prior to the conclusion and endorsement of single function activity or forty-eight the extent that such expenses are not cov- any such agreement established under this months after initiation of such study for a ered under parts A and B of title XVIII of the provision. multi-function activity. Social Security Act and are otherwise cov- SEC. 8031. None of the funds available to SEC. 8037. Funds appropriated by this Act ered under CHAMPUS: Provided further, That the Department of Defense in this Act shall for the American Forces Information Service no reimbursement shall be made for services be used to demilitarize or dispose of more shall not be used for any national or inter- provided prior to October 1, 1991. than 310,784 unserviceable M–1 Garand rifles national political or psychological activities. SEC. 8044. During the current fiscal year, and M–1 Carbines. SEC. 8038. Notwithstanding any other pro- the Department of Defense is authorized to SEC. 8032. Notwithstanding any other pro- vision of law or regulation, the Secretary of incur obligations of not to exceed $250,000,000 vision of law, none of the funds appropriated Defense may adjust wage rates for civilian for purposes specified in section 2350j(c) of by this Act shall be available to pay more employees hired for certain health care occu- title 10, United States Code, in anticipation than 50 percent of an amount paid to any pations as authorized for the Secretary of of receipt of contributions, only from the person under section 308 of title 37, United Veterans Affairs by section 7455 of title 38, Government of Kuwait, under that section: States Code, in a lump sum. United States Code. Provided, That, upon receipt, such contribu- SEC. 8033. None of the funds appropriated SEC. 8039. Of the funds made available in tions from the Government of Kuwait shall during the current fiscal year and hereafter, this Act, not less than $24,197,000 shall be be credited to the appropriation or fund may be used by the Department of Defense available for the Civil Air Patrol, of which which incurred such obligations. to assign a supervisor’s title or grade when $14,259,000 shall be available for Operation SEC. 8045. None of the unobligated balances the number of people he or she supervises is and Maintenance. available in the National Defense Stockpile considered as a basis for this determination: SEC. 8040. None of the funds appropriated Transaction Fund during the current fiscal Provided, That savings that result from this or made available in this Act shall be used to year may be obligated or expended to finance provision are represented as such in future reduce or disestablish the operation of the any grant or contract to conduct research, budget proposals. 53rd Weather Reconnaissance Squadron of development, test and evaluation activities SEC. 8034. Notwithstanding any other pro- the Air Force Reserve, if such action would for the development or production of ad- vision of law, each contract awarded by the reduce the WC–130 Weather Reconnaissance vanced materials, unless amounts for such Department of Defense in fiscal year 1996 for mission below the levels funded in this Act. purposes are specifically appropriated in a construction or service performed in whole SEC. 8041. (a) Of the funds for the procure- subsequent appropriations Act. or in part in a State which is not contiguous ment of supplies or services appropriated by SEC. 8046. For the purposes of this Act, the with another State and has an unemploy- this Act, qualified nonprofit agencies for the term ‘‘congressional defense committees’’ ment rate in excess of the national average blind or other severely handicapped shall be means the National Security Committee of rate of unemployment as determined by the afforded the maximum practicable oppor- the House of Representatives, the Armed Secretary of Labor shall include a provision tunity to participate as subcontractors and Services Committee of the Senate, the sub- requiring the contractor to employ, for the suppliers in the performance of contracts let committee on Defense of the Committee on purpose of performing that portion of the by the Department of Defense. Appropriations of the Senate, and the Sub- contract in such State that is not contiguous (b) During the current fiscal year, a busi- committee on National Security of the Com- with another State, individuals who are resi- ness concern which has negotiated with a mittee on Appropriations of the House of dents of such State and who, in the case of military service or defense agency a subcon- Representatives. any craft or trade, possess or would be able tracting plan for the participation by small SEC. 8047. Notwithstanding any other pro- to acquire promptly the necessary skills: business concerns pursuant to section 8(d) of vision of law, during the current fiscal year, Provided, That the Secretary of Defense may the Small Business Act (15 U.S.C. 637(d)) the Department of Defense may acquire the waive the requirements of this section in the shall be given credit toward meeting that modification, depot maintenance and repair interest of national security. subcontracting goal for any purchases made of aircraft, vehicles and vessels as well as the SEC. 8035. During the current fiscal year, from qualified nonprofit agencies for the production of components and other Defense- funds appropriated or otherwise available for blind or other severely handicapped. related articles, through competition be- any Federal agency, the Congress, the judi- (c) For the purpose of this section, the tween Department of Defense depot mainte- cial branch, or the District of Columbia may phrase ‘‘qualified nonprofit agency for the nance activities and private firms: Provided, be used for the pay, allowances, and benefits blind or other severely handicapped’’ means That the Senior Acquisition Executive of the

VerDate Aug 31 2005 06:53 May 28, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05SE5.REC S05SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 5, 1995 CONGRESSIONAL RECORD — SENATE S12575 military department or defense agency con- el and transportation allowances and who oc- the Johnston Atoll for the purpose of storing cerned, with power of delegation, shall cer- cupies transient government housing while or demilitarizing such munitions. tify that successful bids include comparable performing active duty for training or inac- (b) The prohibition in subsection (a) shall estimates of all direct and indirect costs for tive duty training: Provided, That such mem- not apply to any obsolete World War II both public and private bids: Provided further, bers may be provided lodging in kind if tran- chemical munition of the United States That Office of Management and Budget Cir- sient government quarters are unavailable as found in the World War II Pacific Theater of cular A–76 shall not apply to competitions if the member was entitled to such allow- Operations. conducted under this section. ances under subsection (a) of section 404 of (c) The President may suspend the applica- SEC. 8048. None of the funds appropriated title 37, United States Code: Provided further, tion of subsection (a) during a period of war by this Act shall be used for the support of That if lodging in kind is provided, any au- in which the United States is a party. any nonappropriated funds activity of the thorized service charge or cost of such lodg- SEC. 8063. Amounts collected for the use of Department of Defense that procures malt ing may be paid directly from funds appro- the facilities of the National Science Center beverages and wine with nonappropriated priated for operation and maintenance of the for Communications and Electronics during funds for resale (including such alcoholic reserve component of the member concerned. the current fiscal year pursuant to section beverages sold by the drink) on a military SEC. 8054. For fiscal year 1996, the total 1459(g) of the Department of Defense Author- installation located in the United States un- amount appropriated to fund the Uniformed ization Act, 1986 and deposited to the special less such malt beverages and wine are pro- Services Treatment Facilities program, op- account established under subsection cured within that State, or in the case of the erated pursuant to section 911 of Public Law 1459(g)(2) of that Act are appropriated and District of Columbia, within the District of 97–99 (42 U.S.C. 248c), is limited to shall be available until expended for the op- Columbia, in which the military installation $329,000,000, of which not more than eration and maintenance of the Center as is located: Provided, That in a case in which $300,000,000 may be provided by the funds ap- provided for in subsection 1459(g)(2). the military installation is located in more propriated by this Act. SEC. 8064. None of the funds appropriated in than one State, purchases may be made in SEC. 8055. Notwithstanding any other pro- this Act may be expended by an entity of the any State in which the installation is lo- vision of law, the Naval shipyards of the Department of Defense unless the entity, in cated: Provided further, That such local pro- United States shall be eligible to participate expending the funds, complies with the Buy curement requirements for malt beverages in any manufacturing extension program fi- American Act. For purposes of this sub- and wine shall apply to all alcoholic bev- nanced by funds appropriated in this or any section, the term ‘‘Buy American Act’’ erages only for military installations in other Act. means title III of the Act entitled ‘‘An Act States which are not contiguous with an- SEC. 8056. During the current fiscal year, making appropriations for the Treasury and other State: Provided further, That alcoholic amounts contained in the Department of De- Post Office Departments for the fiscal year beverages other than wine and malt bev- fense Overseas Military Facility Investment ending June 30, 1934, and for other purposes’’, erages, in contiguous States and the District Recovery Account established by section approved March 3, 1933 (41 U.S.C. 10a et seq.). SEC. 8065. Of the funds appropriated to the of Columbia shall be procured from the most 2921(c)(1) of the National Defense Authoriza- Department of Defense under the heading competitive source, price and other factors tion Act of 1991 (Public Law 101–510; 10 U.S.C. ‘‘Operation and Maintenance, Defense- considered. 2687 note) shall be available until expended Wide’’, not less than $8,000,000 shall be made SEC. 8049. Appropriations contained in this for the payments specified by section Act that remain available at the end of the 2921(c)(2) of that Act. available only for the mitigation of environ- current fiscal year as a result of energy cost SEC. 8057. During the current fiscal year, mental impacts, including training and tech- savings realized by the Department of De- annual payments granted under the provi- nical assistance to tribes, related adminis- fense shall remain available for obligation sions of section 4416 of the National Defense trative support, the gathering of informa- for the next fiscal year to the extent, and for Authorization Act for Fiscal Year 1993 (Pub- tion, documenting of environmental damage, the purposes, provided in section 2865 of title lic Law 102–428; 106 Stat. 2714) shall be made and developing a system for prioritization of 10, United States Code. from appropriations in this Act which are mitigation, on Indian lands resulting from Department of Defense activities. SEC. 8050. During the current fiscal year, available for the pay of reserve component SEC. 8066. None of the funds appropriated voluntary separation incentives payable personnel. by this Act shall be available for a contract under 10 U.S.C. 1175 may be paid in such SEC. 8058. During the current fiscal year, for studies, analyses, or consulting services amounts as are necessary from the assets of appropriations available for the pay and al- entered into without competition on the the Voluntary Separation Incentive Fund es- lowances of active duty members of the basis of an unsolicited proposal unless the tablished by section 1175(h)(1). Armed Forces shall be available to pay the retired pay which is payable pursuant to sec- head of the activity responsible for the pro- (INCLUDING TRANSFER OF FUNDS) tion 4403 of Public Law 102–484 (10 U.S.C. 1293 curement determines— SEC. 8051. Amounts deposited during the note) under the terms and conditions pro- (1) as a result of thorough technical eval- current fiscal year and hereafter to the spe- vided in section 4403. uation, only one source is found fully quali- cial account established under 40 U.S.C. SEC. 8059. None of the funds provided in fied to perform the proposed work, 485(h)(2) and to the special account estab- this Act shall be available for use by a Mili- (2) the purpose of the contract is to explore lished under 10 U.S.C. 2667(d)(1) are appro- tary Department to modify an aircraft, an unsolicited proposal which offers signifi- priated and shall be available until trans- weapon, ship or other item of equipment, cant scientific or technological promise, rep- ferred by the Secretary of Defense to current that the Military Department concerned resents the product of original thinking, and applicable appropriations or funds of the De- plans to retire or otherwise dispose of within was submitted in confidence by one source, partment of Defense under the terms and five years after completion of the modifica- or conditions specified by 40 U.S.C. 485(h)(2) (A) tion: Provided, That this prohibition shall (3) the purpose of the contract is to take and (B) and 10 U.S.C. 2667(d)(1)(B), to be not apply to safety modifications: Provided advantage of unique and significant indus- merged with and to be available for the same further, That this prohibition may be waived trial accomplishment by a specific concern, time period and the same purposes as the ap- by the Secretary of a Military Department if or to insure that a new product or idea of a propriation to which transferred. the Secretary determines it is in the best na- specific concern is given financial support: SEC. 8052. None of the funds in this or any tional security interest of the United States Provided, That this limitation shall not other Act shall be available for the prepara- to provide such waiver and so notifies the apply to contracts in an amount of less than tion of studies on— congressional defense committees in writing. $25,000, contracts related to improvements of (a) the feasibility of removal and transpor- SEC. 8060. None of the funds appropriated equipment that is in development or produc- tation of unitary chemical weapons from the by this Act for programs of the Central In- tion, or contracts as to which a civilian offi- eight chemical storage sites within the con- telligence Agency shall remain available for cial of the Department of Defense, who has tinental United States to Johnston Atoll: obligation beyond the current fiscal year, ex- been confirmed by the Senate, determines Provided, That this prohibition shall not cept for funds appropriated for the Reserve that the award of such contract is in the in- apply to General Accounting Office studies for Contingencies, which shall remain avail- terest of the national defense. requested by a Member of Congress or a Con- able until September 30, 1997. SEC. 8067. To the extent authorized in law, gressional Committee; and SEC. 8061. Notwithstanding any other pro- the Secretary of Defense shall issue loan (b) the potential future uses of the nine vision of law, funds made available in this guarantees in support of U.S. defense exports chemical disposal facilities other than for Act for the Defense Intelligence Agency may not otherwise provided for: Provided, That the destruction of stockpile chemical muni- be used for the design, development, and de- the total contingent liability of the United tions and as limited by section 1412(c)(2), ployment of General Defense Intelligence States for guarantees issues under the au- Public Law 99–145: Provided, That this prohi- Program intelligence communications and thority of this section may not exceed bition does not apply to future use studies intelligence information systems for the $15,000,000,000: Provided further, That the ex- for the CAMDS facility at Tooele, Utah. Services, the Unified and Specified Com- posure fees charged and collected by the Sec- SEC. 8053. During the current fiscal year, mands, and the component commands. retary for each guarantee, shall be paid by appropriations available to the Department SEC. 8062. (a) None of the funds appro- the country involved and shall not be fi- of Defense may be used to reimburse a mem- priated or otherwise made available in this nanced as part of a loan guaranteed by the ber of a reserve component of the Armed Act may be used to transport or provide for United States: Provided further, That the Forces who is not otherwise entitled to trav- the transportation of chemical munitions to Secretary shall provide quarterly reports to

VerDate Aug 31 2005 06:53 May 28, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05SE5.REC S05SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S12576 CONGRESSIONAL RECORD — SENATE September 5, 1995 the Committees on Appropriations, Armed plan to reorganize the regional headquarters of cost sharing for projects funded by govern- Services and Foreign Relations of the Senate and basic camps structure of the Reserve Of- ment grants, or for absorption of contract and the Committees of Appropriations, Na- ficer Training Corps program of the Army overruns. tional Security and International Relations until the Comptroller General of the United (d) Notwithstanding any other provision of in the House of Representatives on the im- States has certified to the congressional de- law, of the amounts available to the Depart- plementation of this program. fense committees that the methodology and ment of Defense during fiscal year 1996, not SEC. 8068. Funds appropriated by this Act evaluation of the potential sites were con- more than $1,162,650,000 may be obligated for for intelligence activities are deemed to be sistent with the established criteria for the financing activities of defense FFRDCs: Pro- specifically authorized by the Congress for consolidation, that all data used by the vided, That the total amounts appropriated purposes of section 504 of the National Secu- Army in the evaluation was accurate and in titles II, III, and IV of this Act are hereby rity Act of 1947 (50 U.S.C. 414) during fiscal complete, and that the conclusions reached reduced by $90,000,000 to reflect the funding year 1996 until the enactment of the Intel- are based upon the total costs of the Army’s ceiling contained in this subsection. ligence Authorization Act for fiscal year final plan to establish the Eastern Reserve SEC. 8078. During the current fiscal year, 1996. Officer Training Corps Headquarters at Fort none of the funds appropriated in this Act SEC. 8069. None of the funds provided in Benning, Georgia: Provided, That all cost, in- may be used to reduce the civilian medical this Act may be obligated or expended for cluding Military Construction, shall be con- and medical support personnel assigned to the sale of zinc in the National Defense sidered as well as an analysis of the impact military treatment facilities below the Sep- Stockpile if zinc commodity prices decline of the consolidation on the surrounding com- tember 30, 1995 level. more than five percent below the London munities for all affected installations. (TRANSFER OF FUNDS) Metals Exchange market price reported on SEC. 8075. During the current fiscal year, the date of enactment of this Act. the minimum number of personnel employed SEC. 8079. Upon enactment of this Act, the SEC. 8070. During the current fiscal year, as military reserve technicians (as defined in Secretary of Defense shall make the fol- funds appropriated in this Act are available section 8401(30) of title 5, United States Code) lowing transfers of funds: Provided, That the to compensate members of the National for reserve components as of the last day of amounts transferred shall be available for Guard for duty performed pursuant to a plan the fiscal year shall be as follows: the same purposes as the appropriations to submitted by a Governor of a State and ap- For the Army National Guard, 25,750; which transferred, and for the same time pe- proved by the Secretary of Defense under For the Army Reserve, 7,000; riod as the appropriation from which trans- section 112 of title 32, United States Code: For the Air National Guard, 23,250; and ferred: Provided further, That the amounts Provided, That during the performance of For the Air Force Reserve, 10,000: shall be transferred between the following such duty, the members of the National Provided, That in addition to funds provided appropriations in the amount specified: Guard shall be under State command and elsewhere in this Act, the following amounts From: control: Provided further, That such duty are appropriated to the following accounts Under the heading, ‘‘Shipbuilding and Con- shall be treated as full-time National Guard only for the pay of military reserve techni- version, Navy, 1986/1990’’: duty for purposes of sections 3686(2) and cians (as defined in section 8401(30) of title 5, SSN–688 attack submarine program, 8686(2) of title 10, United States Code. United States Code): $5,051,000; SEC. 8071. Funds appropriated in this Act Operation and Maintenance, Army Re- CG–47 cruiser program, $2,500,000; for operation and maintenance of the Mili- serve, $24,822,000; BB battleship reactivation, $4,000,000; tary Departments, Unified and Specified Operation and Maintenance, Air Force Re- T–AGOS SURTASS ship program, Commands and Defense Agencies shall be serve, $12,800,000; $2,135,000; available for reimbursement of pay, allow- Operation and Maintenance, Army Na- LCAC landing craft air cushion program, ances, and other expenses which would oth- tional Guard, $27,628,000; and $4,800,000; erwise be incurred against appropriations of Operation and Maintenance, Air National For craft, outfitting, post delivery, and the National Guard and Reserve when mem- Guard, $30,800,000. cost growth, $8,660,000; bers of the National Guard and Reserve pro- SEC. 8076. None of the funds appropriated Weapons Procurement, Navy, 1994/1996, vide intelligence support to Unified Com- or otherwise made available in this Act may $30,900,000; mands, Defense Agencies and Joint Intel- be obligated or expended for assistance to or Other Procurement, Navy, 1994/1996, ligence Activities, including the activities programs in the Democratic People’s Repub- $9,200,000; and programs included within the General lic of North Korea unless specifically appro- Aircraft procurement, Navy, 1994/1996, Defense Intelligence Program and the Con- priated for that purpose: Provided, That the $2,056,000; solidated Cryptologic Program: Provided, Secretary of Defense and the Secretaries of To: That nothing in this section authorizes devi- the military services must notify the con- Under the heading, ‘‘Shipbuilding and Con- ation from established Reserve and National gressional defense committees within 24 version, Navy, 1986/1990’’: Guard personnel and training procedures. hours of any obligation, transfer, or expendi- MSH coastal mine hunter program, SEC. 8072. All refunds or other amounts col- ture of funds in excess of $500,000 pursuant to $69,302,000; lected in the administration of the Civilian authorities granted for emergency and ex- From: Health and Medical Program of the Uni- traordinary requirements provided in title II Under the heading, ‘‘Shipbuilding and Con- formed Services (CHAMPUS) shall be cred- of this Act. version, Navy, 1988/1992’’: ited to current year appropriations. SEC. 8077. (a) None of the funds appro- SSN–688 attack submarine program, (RESCISSION) priated in this Act are available to establish $1,500,000; SEC. 8073. Of the funds provided in Depart- a new FFRDC, either as a new entity, or as To: ment of Defense Appropriations Acts, the a separate entity administered by an organi- Under the heading, ‘‘Shipbuilding and Con- following funds are hereby rescinded from zation managing another FFRDC, or as a version, Navy, 1988/1992’’: the following accounts in the specified nonprofit membership corporation con- T–ACS auxilary crane ship program, amounts: sisting of a consortium of other FFRDCs and $1,500,000; ‘‘Procurement of Ammunition, Army, 1993/ other nonprofit entities. From: 1995’’, $15,000,000; (b) LIMITATION ON COMPENSATION.—No Under the heading, ‘‘Shipbuilding and Con- ‘‘Aircraft Procurement, Air Force, 1994/ member of a Board of Directors, Trustees, version, Navy, 1989/1993’’: 1996’’, $53,654,000; Overseers, Advisory Group, Special Issues SSN–688 attack submarine program, ‘‘Aircraft Procurement, Air Force, 1995/ Panel, Visiting Committee, or any similar $23,535,000; 1997’’, $53,100,000; entity of a defense FFRDC, and no paid con- DDG–51 destroyer program, $33,700,000; ‘‘Shipbuilding and Conversion, Navy, 1991/ sultant to any defense FFRDC, may be com- T–AO fleet oiler program, $38,969,000; 1995’’, $13,570,000; pensated for his or her services as a member To: ‘‘Other Procurement, Navy, 1995/1997’’, of such entity, or as a paid consultant, ex- Under the heading, ‘‘Shipbuilding and Con- $8,600,000; cept under the same conditions, and to the version, Navy, 1989/1993’’: ‘‘Research, Development, Test and Evalua- same extent, as members of the Defense SSN–21 attack submarine program, tion, Army, 1994/1995’’, $242,000; Science Board: Provided, That a member of $65,886,000; ‘‘Research, Development, Test and Evalua- any such entity referred to previously in this MHC coastal mine hunter program, tion, Army, 1995/1996’’, $11,156,000; subsection shall be allowed travel expenses $30,318,000; ‘‘Research, Development, Test and Evalua- and per diem as authorized under the Federal From: tion, Navy, 1994/1995’’, $4,416,000; Joint Travel Regulations, when engaged in Under the heading, ‘‘Shipbuilding and Con- ‘‘Research, Development, Test and Evalua- the performance of membership duties. version, Navy, 1990/1994’’: tion, Navy, 1995/1996’’, $10,150,000; (c) Notwithstanding any other provision of SSN–688 attack submarine program, ‘‘Research, Development, Test and Evalua- law, none of the funds available to the De- $1,907,000; tion, Air Force, 1994/1995’’, $46,589,000; and partment of Defense from any source during DDG–51 destroyer program, $22,669,000; ‘‘Research, Development, Test and Evalua- fiscal year 1996 may be used by a defense For craft, outfitting and post delivery, tion, Air Force, 1995/1996’’, $15,767,000. FFRDC, through a fee or other payment $3,900,000; SEC. 8074. None of the funds in this or any mechanism, for charitable contributions, for Aircraft Procurement, Navy, 1994/1996, other Act may be used to implement the construction of new buildings, for payment $17,944,000;

VerDate Aug 31 2005 06:53 May 28, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05SE5.REC S05SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 5, 1995 CONGRESSIONAL RECORD — SENATE S12577 Procurement of Ammunition, Navy and shall execute payment in not more than 24 into multiple disbursements of less than that Marine Corps, 1995/1997, $5,116,000; days after receipt of a proper invoice. amount for the purpose of avoiding the appli- To: SEC. 8083. Funds provided in title II of this cability of such subsection to that disburse- Under the heading, ‘‘Shipbuilding and Con- Act for real Property Maintenance may be ment. version, Navy, 1990/1994’’: obligated and expended for the renovation, (c) The Secretary of Defense may waive a MHC coastal mine hunter, $9,536,000; refurbishment and modernization of bachelor requirement for advance matching of a dis- T–AGOS surveillance ship program, enlisted living quarters up to a level of bursement of the Department of Defense $42,000,000; $1,000,000 per facility project. with a particular obligation in the case of (1) From: SEC. 8084. None of the funds appropriated a disbursement involving deployed forces, (2) Under the heading, ‘‘Shipbuilding and Con- by this Act may be used to carry out the ship a disbursement for an operation in a war de- version, Navy, 1991/1995’’: depot maintenance solicitation policy issued clared by Congress or a national emergency SSN–21 attack submarine program, by the Secretary of the Navy in a memo- declared by the President or Congress, or (3) $18,330,000; randum dated 16 June 1995. a disbursement under any other cir- To: SEC. 8085. None of the funds appropriated cumstances for which the waiver is nec- Under the heading, ‘‘Shipbuilding and Con- by this Act may be used for the procurement essary in the national security interests of version, Navy, 1991/1995’’: of ball and roller bearings other than those the United States, as determined by the Sec- LHD–1 amphibious assault ship program, produced by a domestic source and of domes- retary and certified by the Secretary to the $6,178,000; tic origin. congressional defense committees. MHC coastal mine hunter program, SEC. 8086. None of the funds appropriated (d) This section shall not be construed to $12,152,000; or otherwise made available under this Act limit the authority of the Secretary of De- From: may be used for the destruction of fense to require that a disbursement not in Under the heading, ‘‘Shipbuilding and Con- pentaborane currently stored at Edwards Air excess of the amount applicable under sub- version, Navy, 1992/1996’’: Force Base, California, until the Secretary section (a) be matched to a particular obliga- DDG–51 destroyer program, $5,315,000; of Energy certifies to the congressional de- tion before the disbursement is made. For craft, outfitting, post delivery, and fense committees that the Secretary does SEC. 8089. (a) Except as provided in sub- DBOF transfer, $9,675,000; not intend to use the pentaborane or the by- section (b), the total amount obligated or ex- For escalation, $3,347,000; products of such destruction at the Idaho pended for procurement of the SSN–21, SSN– Weapons Procurement, Navy, 1995/1997, National Engineering Laboratory for— 22, and SSN–23 Seawolf class submarines $7,500,000; (1) environmental remediation of high may not exceed $7,223,695,000. (b) The amount of the limitation set forth Procurement, Marine Corps, 1995/1997, level, liquid radioactive waste; or in subsection (a) is increased after fiscal $378,000; (2) as a source of raw materials for boron year 1995 by the following amounts: Other Procurement, Navy, 1995/1997, drugs for Boron Neutron Capture Therapy. (1) The amounts of outfitting costs and $355,000; SEC. 8087. (a) ENERGY SAVINGS AT FEDERAL post-delivery costs incurred for the sub- Aircraft Procurement, Navy, 1995/1997, FACILITIES.—The head of each agency for marines referred to in such subsection. $3,600,000; which funds are made available under this (2) The amounts of increases in costs at- Research, Development, Test and Evalua- Act shall take all actions necessary to tributable to economic inflation after fiscal tion, Navy, 1995/1996, $5,600,000; achieve during fiscal year 1996 a 5 percent re- To: duction, from fiscal year 1995 levels, in the year 1995. Under the heading, ‘‘Shipbuilding and Con- energy costs of the facilities used by the (3) The amounts of increases in costs at- version, Navy, 1992/1996’’: agency. tributable to compliance with changes in MHC coastal mine hunter program, (b) USE OF COST SAVINGS.—An amount Federal, State, or local laws enacted after $35,770,000; equal to the amount of cost savings realized fiscal year 1995. From: by an agency under subsection (a) shall re- SEC. 8090. RESTRICTION ON REIMBURSEMENT OF Under the heading, ‘‘Shipbuilding and Con- main available for obligation through the COSTS. None of the funds provided in this Act may version, Navy, 1993/1997’’: end of fiscal year 1997, without further au- be obligated for payment on new contracts LSD–41 cargo variant ship program, thorization or appropriation, as follows: on which allowable costs charged to the gov- $1,600,000; (1) CONSERVATION MEASURES.—Fifty per- ernment include payments for individual For craft, outfitting, post delivery, and cent of the amount shall remain available compensation at a rate in excess of $250,000 first destination transportation, and infla- for the implementation of additional energy per year. tion adjustments, $5,627,000; conservation measures and for water con- SEC. 8091. None of the funds available to servation measures at such facilities used by Procurement of Ammunition, Navy and the Department of Defense during fiscal year the agency as are designated by the head of Marine Corps, 1995/1997, $1,784,000; 1996 may be obligated or expended to support Other Procurement, Navy, 1995/1997, the agency. or finance the activities of the Defense Pol- $645,000. (2) OTHER PURPOSES.—Fifty percent of the icy Advisory Committee on Trade. To: amount shall remain available for use by the SEC. 8092. PROHIBITION OF PAY AND ALLOW- Under the heading, ‘‘Shipbuilding and Con- agency for such purposes as are designated ANCES FOR MILITARY PERSONNEL version, Navy, 1993/1997’’: by the head of the agency, consistent with CONVICTED OF SERIOUS CRIMES. DDG–51 destroyer program, $7,356,000; applicable law. (a) Notwithstanding any other provision of AOE combat support ship program, (c) REPORT.— law, none of the funds appropriated by this $2,300,000; (1) IN GENERAL.—Not later than December Act shall be obligated for the pay or allow- From: 31, 1996, the head of each agency described in ances of any member of the Armed Forces Under the heading, ‘‘Shipbuilding and Con- subsection (a) shall submit a report to Con- who has been sentenced by a court-martial version, Navy, 1994/1998’’: gress specifying the results of the actions to any sentence that includes confinement MCS(C) program, $5,300,000; taken under subsection (a) and providing any for one year or more, death, dishonorable Under the heading, ‘‘Shipbuilding and Con- recommendations concerning how to further discharge, bad-conduct discharge, or dis- version, Navy, 1995/1999’’: reduce energy costs and energy consumption missal during any period of confinement or Nuclear submarine main steam condensor in the future. parole. industrial base, $900,000; (2) CONTENTS.—Each report shall— (b) In a case involving an accused who has To: (A) specify the total energy costs of the fa- dependents, the convening authority or Under the heading, ‘‘Shipbuilding and Con- cilities used by the agency; other person acting under title 10, section version, Navy, 1994/1998’’: (B) identify the reductions achieved; and 860, may waive any or all of the forfeitures of LHD program, $6,200,000. (C) specify the actions that resulted in the pay and allowances required by subsection SEC. 8080. The Department shall include, in reductions. (a) for a period not to exceed six months. the operation of TRICARE Regions 7/8, a re- SEC. 8088. (a)(1) Not later than October 1, Any amount of pay or allowances that, ex- gion-wide wraparound care package that re- 1995, the Secretary of Defense shall require cept for a waiver under this subsection, quires providers of residential treatment that each disbursement by the Department would be forfeited shall be paid, as the con- services to share financial risk through case of Defense in an amount in excess of vening authority or other person taking ac- rate reimbursement, to include planning and $1,000,000 be matched to a particular obliga- tion directs, to the dependents of the ac- individualized wraparound services to pre- tion before the disbursement is made. cused. vent recidivism. (2) Not later than September 30, 1996, the (c) If the sentence of a member who for- SEC. 8081. None of the funds available to Secretary of Defense shall require that each feits pay and allowances under subsection (a) the Department of Defense shall be available disbursement by the Department of Defense is set aside or disapproved or, as finally ap- to make progress payments based on costs to in an amount in excess of $500,000 be matched proved, does not provide for a punishment re- large business concerns at rates lower than to a particular obligation before the dis- ferred to in subsection (a), the member shall 85 percent on contract solicitations issued bursement is made. be paid the pay and allowances which the after enactment of this Act. (b) The Secretary shall ensure that a dis- member would have been paid, except for the SEC. 8082. Notwithstanding any other pro- bursement in excess of the threshold amount forfeiture, for the period during which the vision of law, the Department of Defense applicable under subsection (a) is not divided forfeiture was in effect

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SEC. 8093. None of the funds made available are entered into after competition between (2) The term ‘‘1990 Bilateral Destruction in this Act under the heading ‘‘Procurement Electric Boat Division and Newport News Agreement’’ means the Agreement between of Ammunition, Army’’ may be obligated or Shipbuilding and Drydock Company for the United States of America and the Union expended for the procurement of munitions which the Secretary shall solicit competitive of Soviet Socialist Republics on destruction unless such acquisition fully complies with proposals and award the contract or con- and non-production of chemical weapons and the Competition in Contracting Act. tracts on the basis of price, and on measures to facilitate the multilateral SEC. 8094. Six months after the date of en- (2) the Secretary has directed, as set forth convention on banning chemical weapons actment of this Act the General Accounting in detail in such certification that— signed on June 1, 1990. Office shall report to the Committees on Ap- (A) no action is to be taken to terminate SEC. 8100. SENSE OF SENATE REGARDING UN- propriations of the Senate and the House of or to fail to extend either the existing Plan- DERGROUND NUCLEAR TESTING. Representatives on any changes in Depart- ning Yard contract for the Trident class sub- (a) FINDINGS.—The Senate makes the fol- ment of Defense commissary access policy, marines or the existing Planning Yard con- lowing findings: including providing reservists additional or tract for the SSN–688 Los Angeles class sub- (1) The President of France stated on June new privileges, and addressing the financial marines except by reason of a breach of con- 13, 1995, that the Republic of France plans to impact on the commissaries as a result of tract by the contractor or an insufficiency of conduct eight nuclear test explosions over any policy changes. appropriations, the next several months. SEC. 8095. The Secretary of Defense shall (B) no action is to be taken to terminate (2) The People’s Republic of China con- develop and provide to the congressional de- any existing Lead Design Yard contract for tinues to conduct underground nuclear weap- fense committees an Electronic Combat Mas- the SSN–21 Seawolf class submarines or for ons tests. ter Plan to establish an optimum infrastruc- the SSN–688 Los Angeles class submarines, (3) The United States, France, Russia, and ture for electronic combat assets no later except by reason of a breach of contract by Great Britain have observed a moratorium than March 31, 1996. the contractor or an insufficiency of appro- on nuclear testing since 1992. SEC. 8096. The Secretary of Defense and the priations, (4) A resumption of testing by the Republic Secretary of the Army shall reconsider the (C) both Electric Boat Division and New- of France could result in the disintegration decision not to include the infantry military port News Shipbuilding and Drydock Com- of the current testing moratorium and a re- occupational specialty among the military pany are to have access to sufficient infor- newal of underground testing by other nu- skills and specialties for which special pays mation concerning the design of the new at- clear weapon states. are provided under the Selected Reserve In- tack submarine to ensure that each is capa- (5) A resumption of nuclear testing by the centive Program. ble of constructing the new attack sub- Republic of France raises serious environ- SEC. 8097. INTERIM LEASES OF PROPERTY AP- marine, and mental and health concerns. PROVED FOR CLOSURE OR REALIGN- (D) no action is to be taken to impair the (6) The United Nations Conference on Dis- MENT. design, engineering, construction, and main- Section 2667(f) of title 10, United States armament presently is meeting in Geneva, tenance competencies of either Electric Boat Code, is amended by adding at the end the Switzerland, for the purpose of negotiating a Division or Newport News Shipbuilding and following: Comprehensive Nuclear Test Ban Treaty Drydock Company to construct the new at- ‘‘(4)(A) Notwithstanding the National En- (CTBT), which would halt permanently the tack submarine, vironmental Policy Act of 1969 (42 U.S.C. 4321 practice of conducting nuclear test explo- then, funds appropriated in title III under et seq.), the scope of any environmental im- sions. the heading ‘‘SHIPBUILDING AND CONVERSION, pact analysis necessary to support an in- (7) Continued underground weapons testing NAVY’’ may not be obligated for the SSN–21 terim lease of property under this subsection by the Republic of France and the People’s attack submarine program or for the new at- shall be limited to the environmental con- Republic of China undermines the efforts of tack submarine program (NSSN–1 and sequences of activities authorized under the the international community to conclude a NSSN–2). proposed lease and the cumulative impacts CTBT by 1996, a goal endorsed by 175 nations, of other past, present, and reasonably fore- (b) Funds referred to in subsection (a) for at the recently completed NPT Extension seeable future actions during the period of procurement of the lead and second vessels and Review Conference (the conference for the proposed lease. under the new attack submarine program the extension and review of the Nuclear Non- ‘‘(B) Interim leases entered into under this may not be expended during fiscal year 1996 Proliferation Treaty). subsection shall be deemed not to prejudice for the lead vessel under that program (other (b) SENSE OF THE SENATE.—It is the sense the final property disposal decision, even if than for class design) unless funds are obli- of the Senate that the Republic of France final property disposal may be delayed until gated or expended during such fiscal year for and the People’s Republic of China should completion of the interim lease term. An in- a contract in support of procurement of the abide by the current international morato- terim lease under this subsection shall not second vessel under the program. rium on nuclear test explosions and refrain be entered into without prior consultation SEC. 8099. LIMITATION ON USE OF FUNDS FOR from conducting underground nuclear tests with the redevelopment authority concerned. COOPERATIVE THREAT REDUCTION. in advance of a Comprehensive Test Ban ‘‘(C) The provisions of subparagraphs (A) (a) LIMITATION.—Of the funds available Treaty. and (B) shall not apply to an interim lease under title II under the heading ‘‘FORMER SEC. 8101. TESTING OF THEATER MISSILE DE- under this subsection if authorized activities SOVIET UNION THREAT REDUCTION’’ for dis- FENSE INTERCEPTORS. under the lease would— mantlement and destruction of chemical (a) APPROVAL BEYOND LOW-RATE INITIAL ‘‘(i) significantly effect the quality of the weapons, not more than $52,000,000 may be PRODUCTION.—The Secretary of Defense may human environment; or obligated or expended for that purpose until not approve a theater missile defense inter- ‘‘(ii) irreversibly alter the environment in the President certifies to Congress the fol- ceptor program beyond the low-rate initial a way that would preclude any reasonable lowing: production acquisition stage until the Sec- disposal alternative of the property con- (1) That the United States and Russia have retary certifies to the congressional defense cerned.’’. completed a joint laboratory study evalu- committees that the program— SEC. 8098. (a) If, on February 18, 1996, the ating the proposal of Russia to neutralize its (1) has successfully completed initial oper- Secretary of the Navy has not certified in chemical weapons and the United States ational test and evaluation; and writing to the Committees on Appropria- agrees with the proposal. (2) involves a suitable and effective sys- tions of the Senate and the House of Rep- (2) That Russia is in the process of pre- tem. resentatives that— paring, with the assistance of the United (b) CERTIFICATION REQUIREMENTS.—(1) In (1) the Secretary has restructured the new States as necessary, a comprehensive plan to order to be certified under subsection (a), the attack submarine program to provide for— manage the dismantlement and destruction initial operational test and evaluation con- (A) procurement of the lead vessel under of the Russia chemical weapons stockpile. ducted with respect to a program shall in- the program from General Dynamics Cor- (3) That the United States and Russia are clude flight tests— poration Electric Boat Division (hereafter in committed to resolving outstanding issues (A) that were conducted with multiple this section referred to as ‘‘Electric Boat Di- under the 1989 Wyoming Memorandum of Un- interceptors and multiple targets in the vision’’) beginning in fiscal year 1998 (subject derstanding and the 1990 Bilateral Destruc- presence of realistic countermeasures; and to the price offered by Electric Boat Division tion Agreement. (B) the results of which demonstrate the being determined fair and reasonable by the (b) DEFINITIONS.—In this section: achievement of baseline performance thresh- Secretary), (1) The term ‘‘1989 Wyoming Memorandum olds by such interceptors. (B) procurement of the second vessel under of Understanding’’ means the Memorandum (2) The Director of Operational Test and the program from Newport News Ship- of Understanding between the Government of Evaluation shall specify the number of flight building and Drydock Company beginning in the United States of America and the Gov- tests required with respect to a program fiscal year 1999 (subject to the price offered ernment of the Union of Soviet Socialist Re- under paragraph (1) in order to make a cer- by Newport News Shipbuilding and Drydock publics Regarding a Bilateral Verification tification referred to in subsection (a). Company being determined fair and reason- Experiment and Data Exchange Related to (3) The Secretary may utilize modeling and able by the Secretary), and Prohibition on Chemical Weapons, signed at simulation validated by ground and flight (C) procurement of other vessels under the Jackson Hole, Wyoming, on September 23, testing in order to augment flight testing to program under one or more contracts that 1989. demonstrate weapons system performance

VerDate Aug 31 2005 06:53 May 28, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 0637 Sfmt 0634 J:\ODA15\1995_F~1\S05SE5.REC S05SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 5, 1995 CONGRESSIONAL RECORD — SENATE S12579 for purposes of a certification under sub- maybe 3 hours, and there will be a ator from South Carolina, or the section (a). number of Members involved in that amendment of the Senator from Michi- (c) REPORTS.—(1) The Director of Oper- debate. In the meantime, unless there gan or anything in relation—a motion ational Test and Evaluation and the head of is some objection, if we could have that to table—if that requires a vote, that the Ballistic Missile Defense Organization shall include in the annual reports to Con- vote on that amendment and final pas- could be three votes and then on the gress of such officials plans to test ade- sage at 9:30 tomorrow morning, other amendment itself and final passage. quately theater missile defense interceptor Members would be free to leave. The PRESIDING OFFICER. Is there programs throughout the acquisition proc- Mr. LEVIN. If the majority leader objection? Without objection, it is so ess. will yield, I had an amendment left on ordered. (2) As each theater missile defense system the list which I do not believe has yet Mr. DOLE. So I announce to my col- progresses through the acquisition process, been cleared. We are still hoping to leagues there will be no more votes the officials referred to in paragraph (1) shall clear that amendment. this evening but there will be debate. include in the annual reports to Congress of There are a number of Members on such officials an assessment of the extent to Mr. DOLE. I will make it subject to which such programs satisfy the planned test that. each side interested in this issue, so I objectives for such programs. Mr. DASCHLE. Reserving the right assume the debate will probably take (d) DEFINITION.—For purposes of this sec- to object—— at least 2 hours, maybe 3 hours. tion, the baseline performance thresholds for Mr. DOLE. I have an amendment on So, I ask unanimous consent the vote a program are the weapon system perform- welfare that probably will not be rel- at 9:30 Wednesday be 15 minutes in ance thresholds specified in the baseline de- evant, but it will be tomorrow when we length, with second and subsequent scription for the weapon system established take up welfare. votes being limited to 10 minutes in pursuant to section 2435(a)(1) of title 10, Mr. DASCHLE. If the majority leader length. United States Code, before the program en- The PRESIDING OFFICER. Without tered into the engineering and manufac- will yield, I know that we have a list of turing development stage. amendments that may require rollcall objection, it is so ordered. SEC. 8102. ELIGIBILITY FOR DEFENSE DUAL-USE votes. Does this anticipate then that f ASSISTANCE EXTENSION PROGRAM. other amendments, which would be of- NATIONAL DEFENSE AUTHORIZA- Section 2524(e) of title 10, United States fered either tonight or tomorrow morn- TION ACT FOR FISCAL YEAR 1996 Code, is amended— ing, would still be in order and would The PRESIDING OFFICER. The (1) in paragraph (3), by striking out ‘‘at be subject to a vote following disposi- clerk will report. least 25 percent of the value of the bor- tion of the amendment? rower’s sales during the preceding year’’ in The legislative clerk read as follows: Mr. DOLE. It is my understanding the matter preceding subparagraph (A) and A bill (S. 1026) to authorize appropriations inserting in lieu thereof ‘‘at least 25 percent that there—I did not know about the for fiscal year 1996 for military activities of of the amount equal to the average value of amendment of the Senator from Michi- the Department of Defense, for military con- the borrower’s sales during the preceding 5 gan [Mr. LEVIN]. I have been told that, struction and for defense activities of the fiscal years’’; otherwise, everything had been dealt Department of Energy, to prescribe per- (2) by redesignating paragraph (4) as para- with. What we might do is suggest the sonnel strengths for such fiscal year for the graph (5); and absence of a quorum for a few minutes Armed Forces, and for other purposes. (3) by inserting after paragraph (3) the fol- and see if we can work it out. The Senate continued with the con- lowing new paragraph (4): ‘‘(4) A borrower that meets the selection I suggest the absence of a quorum. sideration of the bill. criteria set forth in paragraph (2) and sub- The PRESIDING OFFICER. The The PRESIDING OFFICER. The dis- section (f) is also eligible for a loan guar- clerk will call the roll. tinguished Senator from Georgia. antee under subsection (b)(3) if the borrower The legislative clerk called proceeded AMENDMENT NO. 2425 is a former defense worker whose employ- to call the roll. (Purpose: To amend subtitle C of title II of ment as such a worker was terminated as a Mr. DOLE. Mr. President, I ask unan- the National Defense Authorization Act for result of a reduction in expenditures by the imous consent that the order for the fiscal year 1996) United States for defense, the termination or quorum call be rescinded. Mr. NUNN. Mr. President, I believe cancellation of a defense contract, the fail- The PRESIDING OFFICER (Mr. there is an amendment, No. 2425, which ure to proceed with an approved major weap- is an amendment to the Missile De- on system, the merger or consolidation of BROWN). Without objection, it is so or- the operations of a defense contractor, or the dered. fense Act, pending at the desk. I ask closure or realignment of a military installa- f that amendment be reported. tion.’’. The PRESIDING OFFICER. The This Act may be cited as the ‘‘Department UNANIMOUS-CONSENT clerk will report the amendment. of Defense Appropriations Act, 1996’’. AGREEMENT—S. 1026 The legislative clerk read as follows: Mr. STEVENS. Mr. President, I move Mr. DOLE. Mr. President, I think we The Senator from Georgia [Mr. NUNN] for to reconsider the vote. have an agreement. It is cleared with himself, Mr. WARNER, Mr. LEVIN, and Mr. Mr. DOLE. I move to lay that motion the Democratic leader and also the two COHEN, proposes an amendment numbered 2425. on the table. managers, so I will make the request. The motion to lay on the table was I ask unanimous consent that the Mr. NUNN. Mr. President, I ask agreed to. only amendments remaining in order unanimous consent that reading of the amendment be dispensed with. f to S. 1026 be those amendments cleared by the two managers of the bill and one The PRESIDING OFFICER. Without ORDER OF PROCEDURE amendment to be offered by Senator objection, it is so ordered. The amendment is as follows: Mr. DOLE. Mr. President, I say to the THURMOND, relevant, and one amend- On page 49, strike out line 15 and all that Democratic leader, I thought I would ment to be offered by Senator NUNN, announce what I intend to propose. relevant; and if a vote is required on or follows through line 9 on page 69 and insert the following in lieu thereof: Maybe it is not doable. I would like to in relation to the Levin amendment, it SUBTITLE C—MISSILE DEFENSE propose that the only amendments re- occur first in the voting sequence be- maining in order to S. 1026 be those SEC. 231. SHORT TITLE. ginning at 9:30 Wednesday, a.m.; fur- This subtitle may be cited as the ‘‘Missile cleared by the two managers of the bill ther, that the vote occur on or in rela- Defense Act of 1995’’. and the missile defense amendment, tion to the missile defense amendment SEC. 232. FINDINGS. and that the vote occur on or in rela- second in the voting sequence, to im- Congress makes the following findings: tion to the missile defense amendment mediately be followed by a vote on the (1) The threat that is posed to the national begin at 9:30 a.m. Wednesday, imme- passage of the Defense authorization security of the United States by the pro- diately to be followed by a vote on pas- bill, H.R. 1530, pursuant to the agree- liferation of ballistic and cruise missiles is sage of the Defense authorization bill, ment of August 11. significant and growing, both quantitatively and qualitatively. pursuant to consent agreement of Au- So there could be as many as five (2) The deployment of effective Theater gust 11. votes; the votes could be as few as two Missile Defense systems can deny potential So what I am suggesting is that there votes. If the Senator from Georgia of- adversaries the option of escalating a con- is going to be a period of debate of two, fers a relevant amendment, or the Sen- flict by threatening or attacking United

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