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

Vol. 142 WASHINGTON, WEDNESDAY, JUNE 26, 1996 No. 96—Part II Senate

NATIONAL DEFENSE AUTHORIZA- tentioned, could not possibly be offered We believe that the amendment could not TION ACT FOR FISCAL YEAR 1997 at a worse time, as it would adversely come at a worse time. The States that are negotiating in the CTBT negotiations in the (Continued) affect the nuclear test ban treaty that, right now, is being negotiated in very Conference on Disarmament (CD) in Geneva AMENDMENT NO. 4049 have set a deadline of June 28—next Friday— tense, tedious negotiations in Geneva. to complete this historic treaty. The amend- The PRESIDING OFFICER. The The nations of the world have set June pending question is amendment No. ment could be interpreted by some CD states 28, which is Friday, as the deadline to as signaling a possible U.S. intent to conduct 4049 offered by the Senator from Ari- come to some kind of an understand- a round of nuclear testing after the CTBT is zona, [Mr. KYL]. There are to be 90 min- ing. completed but before it enters into force. utes of debate, equally divided, on the The President has left, or is about to The Administration has no such plans or in- amendment. leave, for a meeting of some of the tentions, nor has it requested funding for any such tests. Moreover, the amendment Mr. COHEN addressed the Chair. heads of state of the important nations The PRESIDING OFFICER. The Sen- would relax the existing legislative morato- of the world. I would not be surprised ator from Maine. rium on U.S. testing just at the time the at all if that would come up there. Mr. COHEN. Mr. President, I ask only remaining state still conducting nu- Here, back at the ranch, the U.S. Sen- clear tests, China, has announced that it will unanimous consent that I and Senator ate is trying to pass an amendment join the global moratorium in September. MCCAIN be allowed to proceed as in that is opposed by the President of the I ask that the letter in its entirety be morning business for a total of 10 min- United States to give, supposedly, the printed in the RECORD. It is signed by utes, 5 minutes each. William C. Danvers, Special Assistant Mr. EXON. I object. President of the United States more The PRESIDING OFFICER. Objec- power, if you will, more influence, if to the President for Legislative Affairs. There being no objection, the mate- tion is heard. you will, with regard to resuming nu- rial was ordered to be printed in the Who yields time? clear testing. Mr. EXON. Mr. President, the reason After the end of the negotiations in RECORD, as follows: I am objecting to the other time is that Geneva, which we hope and pray, for NATIONAL SECURITY COUNCIL, we have tried to put this vote off until the good of mankind, will be successful Washington, DC, June 19, 1996. Hon. J. JAMES EXON, tomorrow, but that was not possible. and, hopefully, eliminate nuclear tests underground or otherwise, because if U.S. Senate, Washington, DC. We are going to have a vote, and I DEAR SENATOR EXON: You have requested think we have an obligation to use up the world continues to rely primarily, the Administration’s views on the amend- the hour and a half equally divided on as far as we can see into the future, on ment offered by Senators Kyl and Reid con- this very, very important amendment, more and more nuclear tests, then I cerning nuclear testing and the Comprehen- and then have a vote. Then there will say that mankind will be living under sive Test Ban Treaty (CTBT). The Adminis- be ample time after that, as I under- a shadow of ever-increasing numbers of tration is strongly opposed to this amend- nations becoming nuclear powers. That ment. stand it, for all the morning business We believe that the amendment could not that anybody wants. I think we have is what the nuclear test ban treaty come at a worse time. The states that are an obligation to this body to move that is being renegotiated right now is negotiating in the CTBT negotiations in the ahead in an orderly fashion. all about. Conference on Disarmament (CD) in Geneva So, at this time, I will begin the de- So I simply say that regardless of have set a deadline of June 28—next Friday— bate. I yield myself what time I might how well-intentioned the amendment to complete this historic treaty. The amend- need to begin the debate in opposi- of the Senator from Arizona is, it could ment could be interpreted by some CD states as signaling a possible U.S. intent to conduct tion—and strong opposition, I might not possibly come at a worse time. Mr. President, I reference a letter a round of nuclear testing after the CTBT is say—to the amendment offered by the completed but before it enters into force. Senator from Arizona. from the National Security Council of The Administration has no such plans or in- Mr. President, I wish to submit for June 19. In that letter the National Se- tentions, nor has it requested funding for the RECORD three letters that I have curity Council said: any such tests. Moreover, the amendment from various important people rep- DEAR SENATOR EXON: You have requested would relax the existing legislative morato- resenting important organizations in the Administration’s views on the amend- rium on U.S. testing just at the time the ment offered by Senators Kyl and Reid con- strong opposition to the amendment only remaining state still conducting nu- cerning nuclear testing and the Comprehen- clear tests, China, has announced that it will offered. Mr. President, the basic situa- sive Test Ban Treaty (CTBT). The Adminis- join the global moratorium in September. tion that confronts us is that the Kyl tration is strongly opposed to this amend- As you know, we are confident that our amendment, regardless of how well-in- ment. Science-Based Stockpile Stewardship will

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

S6971 S6972 CONGRESSIONAL RECORD — SENATE June 26, 1996 ensure that we can meet the challenge of Mr. President, I also have a very liam C. Danvers, has provided you the Ad- maintaining the reliability and safety of our short letter that I am going to read ministration’s reasons for opposing the Kyl/ nuclear inventory absent nuclear testing. from the U.S. Arms Control and Disar- Reid amendment to the FY 1997 Defense Au- Nonetheless, because he considers this to be mament Agency, dated June 19: thorization Bill. a supreme national interest of the United As I represent the lead agency in the Com- States, the President has pledged that after DEAR SENATOR EXON: Special Assistant to prehensive Test Ban Treaty (CTBT) negotia- the CTBT enters into force, he would be pre- the President for Legislative Affairs, Wil- tions in Geneva, I want to emphasize our be- pared to withdraw from the Treaty in the liam C. Danvers, has provided you the Ad- lief that this amendment could undermine event, however unlikely, that he was in- ministration’s reasons for opposing the Kyl/ our efforts to negotiate a Treaty that would formed by the Secretaries of Defense and En- Reid amendment to the FY 1997 Defense Au- end nuclear testing for all time by suggest- ergy that a high level of confidence in the thorization Bill. ing a possible U.S. interest in resuming test- As I represent the lead agency in the Com- safety or reliability of a nuclear weapon type ing before a CTBT enters into force, that prehensive Test Ban Treaty (CTBT) negotia- critical to our nuclear deterrent could no does not, in fact, exist. tions in Geneva, I want to emphasize our be- longer be certified. There is concern on the Since the end of President Eisenhower’s lief that this amendment could undermine part of the amendment’s co-sponsors that if tenure, the United States has pursued a our efforts to negotiate a Treaty that would such a problem arose after September 30 but CTBT as a long-term goal. Now, when such a end nuclear testing for all time by suggest- before the CTBT entered into force, current treaty is in hand, we urge the members of ing a possible U.S. interest in resuming test- law would prohibit remedial testing. the Senate to oppose this amendment and to ing before a CTBT enters into force, that If that were to occur, it is important to reaffirm our country’s longstanding biparti- does not, in fact, exist. san efforts to achieve a CTBT. recognize that one or more years would be Since the end of President Eisenhower’s Sincerely, required to prepare for any resumption of tenure, the United States has pursued a JOHN D. HOLUM, nuclear testing at the Nevada Test Site. Dur- CTBT as a long-term goal. Now, when such a Director. ing this time, we would be able to obtain the treaty is in hand, we urge the members of necessary funding and legislative relief to the Senate to oppose this amendment and to Mr. EXON. Mr. President, I yield 5 carry out the necessary tests. reaffirm our country’s longstanding biparti- minutes to the Senator from Washing- In short, the Administration believes that san efforts to achieve a CTBT. the Kyl-Reid Amendment is not only not ton. necessary, but it also entails a genuine risk Mr. President, I ask unanimous con- Mrs. MURRAY. Mr. President, I rise of delaying or derailing the CTBT negotia- sent that the letters I have referenced to join the Senator from Nebraska in tions just as we may well be poised to be printed in the RECORD. opposing the Kyl amendment. This achieve a global ban on nuclear testing. There being no objection, the mate- amendment seeks to impede years of Sincerely, rial was ordered to be printed in the work to curb nuclear weapons pro- WILLIAM C. DANVERS, RECORD, as follows: liferation and to ultimately resume the Special Assistant to STATEMENT OF SECRETARY OF ENERGY HAZEL U.S. nuclear weapons testing program. the President for Legislative Affairs. O’LEARY The United States has not tested a nu- Mr. EXON. In addition to that, Mr. The nuclear weapons testing moratorium clear weapon in the Nevada desert President, I have a statement from the instituted by the Hatfield-Exon-Mitchell since late 1992; a nuclear silence of Secretary of Energy, Hazel O’Leary, amendment has made a significant contribu- nearly 4 years. Thanks to the biparti- tion to U.S. nuclear non-proliferation ef- who has the immediate responsibility san leadership of Senator HATFIELD and in the whole area of nuclear testing forts. During the duration of the morato- rium, the US stockpile of nuclear weapons Senator EXON, the United States has and nuclear weapons. been able to play a leadership role in I quote from her statement: has remained safe and reliable. There is no requirement to resuming testing or even to the international drive to negotiate a The nuclear weapons testing moratorium plan to resume testing for safety or reliabil- comprehensive nuclear test ban treaty instituted by the Hatfield-Exon-Mitchell ity or any other purpose, at this time. The at the Conference on Disarmament. amendment has made a significant contribu- Department of Energy, with the full support I want to commend Senator EXON for tion to U.S. nuclear non-proliferation ef- of the Department of Defense, has embarked forts. During the duration of the morato- his statesmanship on this issue. Some- on an ambitious stockpile stewardship pro- times known as a defense hawk, the rium, the US stockpile of nuclear weapons gram to ensure that the safety and reliabil- has remained safe and reliable. There is no ity of the stockpile is maintained into the Senator from Nebraska took this issue requirement to resuming testing or even to foreseeable future, without nuclear testing. on after careful study several years plan to resume testing for safety or reliabil- One of the elements of stockpile stewardship ago. As far as I know, Senator EXON is ity or any other purpose, at this time. The is maintaining the readiness of the Nevada one of the few Senators to actually Department of Energy, with the full support Test Site to resume testing if it is in the su- visit the Nevada test site. Few in this of the Department of Defense, has embarked preme national interest of the United States body known as much about our nuclear on an ambitious stockpile stewardship pro- to do so. DOE is committed to maintaining gram to ensure that the safety and reliabil- weapons program and the arguments this readiness, consistent with Presidential for and against nuclear testing as Sen- ity of the stockpile is maintained into the direction. DOE has confidence in the stock- foreseeable future, without nuclear testing. pile stewardship program and does not need ator EXON. One of the elements of stockpile stewardship the authority that this amendment would Strangely, as the July 28 deadline for is maintaining the readiness of the Nevada provide. reaching agreement on a comprehen- Test Site to resume testing if it is in the su- President Clinton has already outlined his sive test ban treaty approaches, the preme national interest of the United States commitment to maintain the safety and reli- U.S. Senate is considering an amend- to do so. DOE is committed to maintaining ability of the nuclear stockpile under the ex- ment to undo years of work to combat this readiness, consistent with Presidential isting moratorium and under a comprehen- nuclear proliferation. Strangely, as direction. DOE has confidence in the stock- sive test ban treaty. It is premature to make pile stewardship program and does not need any statutory changes to the existing mora- President Clinton travels to the G–7 the authority that this amendment would torium legislation. Any changes should be meeting in France to increase the pres- provide. made only in the context of a negotiated and sure on our allies to reach agreement President Clinton has already outlined his signed comprehensive test ban treaty. Any on a CTBT, the Senate is considering commitment to maintain the safety and reli- changes in the current statutory prohibition an amendment to undermine the Presi- ability of the nuclear stockpile under the ex- on underground nuclear weapons testing at dent of the United States. isting moratorium and under a comprehen- this time certainly does not help the nego- The proponents argue that their sive test ban treaty. It is premature to make tiation process, and could very well set it amendment will not interfere with ne- any statutory changes to the existing mora- back. Achieving a comprehensive test ban torium legislation. Any changes should be treaty is a key to reducing the global nu- gotiations. With all due respect, I made only in the context of a negotiated and clear danger including proliferation of nu- strongly disagree with my colleagues signed comprehensive test ban treaty. Any clear weapons and the spread of nuclear ter- claims regarding this amendment. The changes in the current statutory prohibition rorism. mere fact that the Senate is having on underground nuclear weapons testing at this debate threatens the delicate talks this time certainly does not help the nego- U.S. ARMS CONTROL now in the crucial final stages at the tiation process, and could very well set it AND DISARMAMENT AGENCY, Conference on Disarmament. The pro- back. Achieving a comprehensive test ban Washington, DC, June 19, 1996. ponents of this amendment did not sup- treaty is a key to reducing the global nu- Hon. J. JAMES EXON, clear danger including proliferation of nu- U.S. Senate. port the Hatfield-Mitchell-Exon test clear weapons and the spread of nuclear ter- DEAR SENATOR EXON: Special Assistant to ban moratorium legislation and I am rorism. the President for Legislative Affairs, Wil- sure they will lead the fight on the June 26, 1996 CONGRESSIONAL RECORD — SENATE S6973 Senate floor against Senate ratifica- Mrs. MURRAY. I continue the quote. not guarantee the safety and reliabil- tion of a comprehensive test ban trea- Since then, thousands of women and men ity of our nuclear deterrent forces. ty. of good will and intellect have pursued—pas- Once again, I support the amendment The Senate has debated this issue at sionately, painstakingly—the compelling offered by the distinguished Senator length on numerous occasions. The ar- mission of our age. Working together, let us from Arizona and urge my colleagues guments against resuming nuclear rededicate ourselves to this mission: To to adopt the amendment. weapons testing are as valid today as shepherd this beast back into its cage—to I yield the floor, Mr. President. bring what was unleashed in a blinding blast they were when 57 Senators voted to of heat in the New Mexico desert to a fitting The PRESIDING OFFICER. Who impose the nuclear weapons testing end in the cool atmosphere of reason in Ge- yields time? moratorium. neva—to ensure that the first half century of Mr. KYL. Mr. President, let me take The administration has sent clear nuclear explosions is the last. a moment. messages to the Senate in opposition Mr. President, in the next few days, The PRESIDING OFFICER. The Sen- to the Kyl amendment. John Holum, this country may be in a position to ator from Arizona. the Director of the Arms Control and celebrate the successful completion of Mr. KYL. I thank the Chair. Disarmament Agency in a letter ad- more than 30 years of work to end nu- I thank the distinguished chairman dressing the Kyl amendment states: clear testing worldwide. To do this, we of the Armed Services Committee for I want to emphasize our belief that this must defeat the Kyl amendment. We that strong statement in support of our amendment could undermine our efforts to must turn back the few in this country amendment. The chairman spoke in negotiate a Treaty that would end nuclear who continue to believe this Nation support of our amendment when we testing for all time by suggesting a possible must go down the path of nuclear ex- first laid it down a week ago, and his U.S. interest in resuming testing before the pansion and exploration. I strongly arguments, I thought, were very per- CTBT enters into force, that does not, in fact suasive at that time. I very much ap- exist. urge my colleagues to support the Hat- field motion to table the Kyl amend- preciate his support, and I join him in Hazel O’Leary, the Secretary of En- ment. hoping that our colleagues will defeat ergy, issued the following statement: Mr. President, I yield the remainder this motion to table. The nuclear weapons testing moratorium of my time to the Senator from Ne- The PRESIDING OFFICER. Who instituted by the Hatfield-Exon-Mitchell braska. yields time? If neither side yields time, amendment has made a significant contribu- time runs equally off both sides. tion to the U.S. nuclear nonproliferation ef- The PRESIDING OFFICER. Who yields time? Mr. EXON addressed the Chair. forts. During the duration of the morato- The PRESIDING OFFICER. Who rium, the U.S. stockpile of nuclear weapons Mr. THURMOND addressed the Chair. has remained safe and reliable. There is no The PRESIDING OFFICER. Who yields time? requirement to resuming testing or even to yields time? The Senator from Nebraska. plan to resume testing for safety or reliabil- Mr. THURMOND. I would just like Mr. EXON. Mr. President, I yield 6 ity or any other purpose, at this time. about 21⁄2 minutes. minutes to the Senator from Michigan. Finally, let me share with my col- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- leagues a quote from another letter on ator from Arizona. ator from Michigan is recognized for 6 the Kyl amendment from the National Mr. THURMOND. I yield myself 21⁄2 minutes. Security Council. The NSC letter minutes. Mr. LEVIN. I thank the Chair. I states: Mr. KYL. I yield time to the chair- thank my friend from Nebraska. The Administration believes that the Kyl- man of the Armed Services Committee. Mr. President, the 37-member-nation Reid amendment is not only not necessary, The PRESIDING OFFICER. The Sen- conference on disarmament has been but it also entails a genuine risk of delaying ator from South Carolina is recognized meeting in Geneva for 3 years to nego- or derailing the CTBT negotiations just as for 3 minutes. tiate a verifiable comprehensive test we may well be poised to achieve a global Mr. THURMOND. Mr. President, last ban treaty. This has long been the ex- ban on nuclear testing. week the Senator from Arizona pro- pressed goal of the United States and The United States has conducted posed an amendment that would au- the world community as a whole. more than 1,000 nuclear weapons tests. thorize the President to conduct under- The reason it is so important relates Our nuclear weapons program and ground nuclear weapons tests after Oc- to the issue of proliferation of nuclear technological superiority is unequaled tober 1, 1996, if the Comprehensive Test weapons. If we can stop nuclear test- anywhere in the world. There simply is Ban Treaty has not been ratified by the ing, we will have struck a major blow no sound argument in my mind to ap- United States. against additional nations gaining nu- prove the Kyl legislation and repeal I want to emphasize once again, this clear weapons because they will be de- important provisions of the existing amendment does not promote nuclear nied the ability to test and to verify nuclear testing moratorium legisla- weapons testing. The amendment does the performance and capability of new tion. It is a giant step backward into not advocate opposition to concluding weapons. an era of nuclear expansion and nu- a comprehensive test ban. In order to We have already tested the safety clear uncertainty. conduct an underground nuclear test, and the reliability and the performance Mr. President, we should listen to the the President would have to submit a and the capability of our weapons. But words of ACDA Director John Holum, report to the Congress detailing jus- additional nations seeking to become chief U.S. negotiator at the Conference tification for the test and the Congress nuclear weapons powers will be denied on Disarmament. Some time ago, while could take actions to stop any test. the weapons testing which we have addressing the Conference on Disar- Mr. President, at some future date, if had, and that will make it more dif- mament, Director Holum eloquently the President were to determine some- ficult for other nations to become nu- stated: time that he needed to conduct an un- clear weapons States. That is a major From the very first atomic blast at derground nuclear test for reason of blow against proliferation of nuclear Alamagordo, mankind has been struggling to safety and reliability of the stockpile weapons. recapture the ferocious beast unleashed and withdrew from a comprehensive The signing of a comprehensive test there. Since then, thousands of women and test ban treaty, he would not be able to ban treaty will be one of the most sig- men of good will and intellect—— conduct a test. I do not believe we nificant steps that we can take against The PRESIDING OFFICER. The Sen- should wait for a situation of that na- a major threat which is emerging in ator’s time has expired. ture to arise and then try to pass legis- this world, which is terrorist States Mrs. MURRAY. I ask the Senator lation in the Congress. gaining possession and control of weap- from Nebraska for 2 additional minutes Mr. President, I voted against the ons of mass destruction. to finish my statement. Exon-Hatfield-Mitchell legislation in We are right on the verge of achiev- Mr. EXON. I yield 2 more minutes. August 1992. We must ensure that our ing this goal, and I think it is unthink- The PRESIDING OFFICER. The Sen- aging nuclear weapons are safe and re- able for the Senate to take an action ator is recognized for 2 additional min- liable. A moratorium on testing and here tonight or any other time which utes. certainly a comprehensive test ban will would pull the rug out from under our S6974 CONGRESSIONAL RECORD — SENATE June 26, 1996 negotiators in Geneva, undermining and security of the United States and The United States, Great Britain and our efforts to obtain something which the world. France agreed last fall a ‘‘zero yield’’ treaty, has been long sought by this Nation, I congratulate Senator EXON on the prohibiting nuclear weapons tests of any which is that comprehensive test ban. effort which he has put forth, Senator size, should be the goal. Russia added its agreement at the G–8 summit meeting in How does this language do that? It HATFIELD, and a number of other Sen- Moscow last month. Only China, of the five does it because it says that between ators, Senator MURRAY and others, who declared nuclear states, wants to continue to the signing of the agreement and the have so strongly and forcefully argued allow ‘‘peaceful nuclear explosions,’’ but is agreement entering into force, the against the Kyl amendment. I hope it expected ultimately to yield on the point. President can submit a report to the will be tabled. If the delegates can be persuaded to stick Congress, and unless the Congress dis- Mr. President, I ask unanimous con- close to the Ramaker text, making major approves, then the President can un- sent that editorials from a number of changes only as they feel compelled, a con- dertake testing. What that does is put papers across the country be printed in sensus draft can be concluded over the next seven weeks. If that were submitted to the into place in American law an effort to the RECORD, including an editorial from the Portland Press Herald enti- U.N. General Assembly for initialing in Sep- test during the critical period between tember, a treaty could be signed shortly signing of the treaty and the treaty en- tled ‘‘Chance for Test Ban May Be Now after. tering into force. or Never,’’ an editorial from the San Beginning today, let the world resolve this That action of looking for a possible Francisco Chronicle, May 14, entitled is an opportunity it will not let fail. way to undermine a treaty which has ‘‘Nuclear Test Ban Talks Enter the been signed violates article XVIII of Home Stretch,’’ an editorial from the [From the San Francisco Chronicle, May 14, the Vienna Convention of the law of Boston Globe entitled ‘‘Toward the 1996] treaties, which is that once a treaty is Test Ban,’’ and editorials from the New NUCLEAR TEST BAN TALKS ENTER THE HOME signed, nations are obligated to refrain York Times and the Washington Post STRETCH from actions which would defeat the entitled ‘‘A Nuclear Test Ban Within One of the oldest, most ambitious goals of object and the purpose of the treaty Reach’’ and ‘‘40 Years Later.’’ nuclear arms controllers, the 40-year-old dream of a comprehensive nuclear test ban prior to its entry into force. These editorials and many others across the country are urging us to treaty, is tantalizingly close to realization. That is article XVIII. We adhere to After two years of negotiation, representa- the provisions of the Vienna Conven- stay on the course we are on to get a tives of the 38-nation Conference on Disar- tion. We adhere to that convention. comprehensive test ban treaty signed. mament regrouped in Geneva yesterday for And I want to repeat it because this is This amendment which is pending and the final six-week round of talks aimed at the nub of the issue. This language which will hopefully be tabled, will un- banning all nuclear tests, which would effec- which is being offered puts us in the dermine the effort that has been so tively halt the development and deployment position of trying to find a way out brilliantly made over the years to try of new, advanced nuclear weapons. from an agreement which we are about to reduce the threat of nuclear weap- If approved and ratified by all nations, the 50-year-old race to build bigger and better to sign, an agreement which has long ons. There being no objection, the articles nuclear weapons would be over; and member- been sought by the nations of the ship in the nuclear weapons club would be world, an effort to reduce the number were ordered to be printed in the closed. of nuclear weapons in the world and RECORD, as follows: Never before have so many nations been so particularly the number of new States [From the Portland (ME) Press Herald, May close to agreement. Yet for the effort to suc- having nuclear weapons. 13, 1996] ceed, the United States and the other nu- We are obligated by international TODAY IN GENEVA—CHANCE FOR TEST BAN clear weapons states—France, Britain, Rus- law once we sign that treaty, which we MAY BE NOW OR NEVER sia and China—and several key ‘‘threshold’’ It may be now or never for a Comprehen- states, especially India, must focus extraor- intend to do, to refrain from action— dinary attention on resolving the final stick- and I repeat, to refrain from action— sive Test Ban Treaty. The latest round of ne- gotiations, beginning today in Geneva, is ing points. Should they fail, this narrow win- which would defeat the object and the just that important. The 37-nation Con- dow of opportunity could be lost for years to purpose of the treaty prior to its entry ference on Disarmament no longer has the come—and lost with it would be the world’s into force. luxury of time in concluding what could be best hope for ending the global spread of nu- So here is the Senate being offered the most important arms control agreement clear weapons. At this point, four of the five language which goes exactly in the op- of the past 50 years. Unless a consensus draft declared nuclear powers (and virtually all posite direction, which will make it treaty is concluded by the time this session the other states) support the Clinton admin- easier for us to defeat the object of a ends on June 28, the cruel reality is there istration’s position on the question of what, exactly, the treaty would ban: all nuclear ex- treaty which we are about to sign. We may never be one. The world will have stepped away from the plosions of any size. The holdout is China, are pleading with nations of the world nuclear brink with the end of the Cold War, which insists on the right to conduct so- to sign this agreement. We are pleading then edged back up to the abyss. That would called peaceful nuclear explosions (PNEs), with India to sign this agreement. We be tragic, with the negotiating nations so which are indistinguishable from weapons have just persuaded China to sign this near agreement. tests. agreement. And now the Senate is The delegates have only a narrow opening China has won no support from any quarter being offered language which says, oh, in which to complete their monumental on the non-weapons-related tests and is thus but the United States is looking to find work, putting an end to nuclear weapons considered likely to drop this condition. But testing in the air, under ground and in the China and some other states have also tied away around an agreement which we sea. The support Russia now shows for end- the question of when, and if, the treaty are trying to get other nations to sign. ing ‘‘all nuclear explosions,’’ under President would enter into force to whether the thresh- That is the problem with this amend- Boris Yeltsin, may not be there after the old states—India, Pakistan and Israel—sign ment. That is why this amendment June presidential election. Fall elections in on. And India is stubbornly holding out on pulls the rug out from under our nego- the United States and the current elections an unrealistic insistence that the treaty in- tiators. It is why this amendment un- in India further complicate matters. China, clude a time-bound pledge of complete nu- dermines the effort of this administra- meanwhile, is expected to detonate two or clear disarmament. There are a handful of tion and others to gain a comprehen- three nuclear devices sometime this year. (It other hurdles, but they are relatively minor says it will stop testing when the treaty is compared to the Indian disarmament de- sive test ban which will strike a major concluded.) mand and the question of entry into force. blow against the proliferation of nu- Two fortuitous developments may make Over the next six weeks, it is essential that clear weapons. concluding a treaty simpler that it might President Clinton, personally, make resolu- So let us not do that. Let us, instead, have been at the beginning of the year. First, tion of these disputes a top policy priority. table this language and stay on the the Australian government tried to cut The key is to persuade the holdouts that a course we are on, which is to sign a through all the minor differences among the complete nuclear test ban is in their self-in- comprehensive and verifiable test ban negotiating nations and present a model terest because it constrains their neighbors agreement and then to get other na- draft treaty to the session that ended March as much as themselves and blocks the costly 29. Now, Jaap Ramaker of the Netherlands, dynamic of regional nuclear arms races. tions to sign the same agreement and, Conference on Disarmament president, has Even Iran has bowed to this logic and be- finally, to reduce the threat of nuclear composed a ‘‘chairman’s text’’ for the cur- come a key backer of the treaty. weapons falling into the hands of rent session intended to move delegates to- Time is of the essence. When the con- States which would endanger the peace ward common positions. ference chair tables a new draft text later June 26, 1996 CONGRESSIONAL RECORD — SENATE S6975 this month, everyone must give a little, take treaty limiting the spread of nuclear weap- the equal-opportunity bruises he thus in- a little and climb on board. ons and technology. In exchange for perma- flicted. The aim is to complete a treaty by nently renouncing their own nuclear ambi- the end of June. [From the Boston Globe, June 6, 1996] tions, nations without nuclear weapons China did well to abandon its insistence on TOWARD THE TEST BAN wanted the nuclear powers to agree to cut a loophole for ‘‘peaceful’’ tests. But China The sword of Damocles invoked by John back their weapons research. Accordingly, stood alone for that dodge, and it is making Kennedy remained suspended throughout the Washington and the other nuclear powers trouble by brazenly continuing underground Cold War. But since the superpower balance committed themselves to completing a total tests even now and raising obstacles to fu- of nuclear terror has vanished, the first lines nuclear test ban treaty this year. If a text is ture one-site inspections. Its readiness to of defense against nuclear war have become agreed on in Geneva this month, it will be blunt the vital enforcement edge of non- the Nuclear Non-Proliferation Treaty and ready for signing at the United Nations Gen- proliferation can only stir doubts about its the Comprehensive Test Ban Treaty being eral Assembly in September. purposes. drafted this month in Geneva. While the five nuclear powers agree on a An even more difficult negotiating hurdle After four decades of Herculean labors, a complete ban, they differ on what kind of in- is the provision on the treaty’s entering into test ban treaty is on the verge of completion. telligence information should trigger a de- force. The United States, eager to constrain A promising text drawn up by the chairman mand for on-site inspection and who should the nuclear states’ weapons, would have it go of the Ad Hoc Committee to negotiate a have the power to dispatch inspectors. into effect once the five declared states and treaty, Dutch Ambassador Jaap Ramaker, China and other third-world countries are a good group of others are on board. But the effaces Beijing’s disingenuous efforts to pre- uneasy about using satellite intelligence sys- other four declared states support the chair- serve the possibility of ‘‘peaceful’’ nuclear tems they have not yet developed, and want man’s demand that India, Pakistan and Is- tests. The Ramaker draft also discards In- to rely on an international network of more rael sign up right away. This proposal is wor- dia’s equally disingenuous attempt to make common seismic, sound and radiation detec- thy but impractical. The treaty can’t do ev- a test ban conditional on the prior achieve- tors. It may be possible to employ both types erything for everybody; it can’t for instance, ment of complete nuclear disarmament by a of intelligence. by itself ease the anxieties that animate given date. Both these loopholes would have The United States also would like inspec- those three undeclared nuclear states. had the effect of sabotaging a comprehensive tors to be dispatched as soon as treaty offi- Testing was once widely thought of as the test ban. cials detect a possible violation, while China live fuse of an ‘‘arms race’’ that had to be In the Ramaker test, however, there is one would prefer requiring that such decisions be slowed to ensure the planet’s survival. Later, article that looms as a deal-breaker. It is approved by two-thirds of the countries mon- the idea of a test ban was set aside in a mu- called the entry-into-force provision, and it itoring the treaty. A compromise requiring a tual Soviet-American reliance for safety on requires that 37 countries hosting key ver- simple majority vote within 72 hours of an nuclear deterrence. The political agreements ification stations or laboratories must ratify official request seems within reach. of the Reagan period finally diminished the the test ban treaty before it can enter into The other remaining disagreement con- great-power nuclear risks. But a test ban re- force. cerns when the treaty will become effective. mains a useful tool for reducing the linger- This is a formula for granting veto power After the 38-nation negotiating conference ing risks, especially of those nuclear weap- to at least 37 states. It would also create an completes its work, the treaty will be offered ons in or potentially in irresponsible hands. incentive for those states to demand a price to all nations for signature and ratification. The five nuclear powers, along with scores of The PRESIDING OFFICER. Who for ratification. In particular, it would be- yields time? stow on India—the ‘‘threshold’’ country ex- other countries, are likely to sign on. But pected to balk at ratifying the treaty—an some countries considered capable of making Mr. KYL. Mr. President, I advise my ability to prevent the test ban from ever a nuclear weapon may not. India strongly re- friend from Nebraska we only have two being implemented. sists agreements, and if India stays out, speakers on our side. We prefer to see A preferred solution would be to require a Pakistan may also refuse to sign. It would be what arguments are posited against set number of ratifications—on the order of better if the two countries approved the the amendment and then respond to 60 or 65 as in the Chemical Weapons Conven- treaty, but if they decline, other nations should proceed without them. The treaty and them at that time. tion—before the treaty enters into force. In Mr. EXON. I thank my colleague. I this way, the possibilities for delay and its verification provisions can be used to de- blackmail would be removed, and instead of tect and publicize any violations by these was just trying to divide the time to go having veto power, India would come under and other holdout countries. back and forth. international pressure to join a treaty that With China’s important concession and I yield 5 minutes to the Senator from had already entered into force. other moves toward compromise, there is Ohio. President Clinton, who has fought admira- now a good chance for agreement by June 28. The PRESIDING OFFICER. The Sen- bly for a test ban, should make an all-out ef- Washington should continue to fight for im- proved verification and inspection provi- ator from Ohio is recognized for 5 min- fort to persuade the nuclear powers to clear utes. the final hurdle. sions, while preparing for reasonable com- promises that may be necessary to secure Mr. GLENN. Mr. President, we have [From the New York Times, June 7, 1996] this long-sought barrier to the nuclear arms been dealing with this subject here in A NUCLEAR TEST BAN WITHIN REACH race. the Senate for a long time. We started For the past 40 years, diplomats have to get some agreement on these mat- [From the Washington Post, June 14, 1996] dreamed of negotiating a treaty that would ters back as far as 1972 with the Anti- ban all nuclear weapons tests. Such an ac- 40 YEARS LATER Ballistic Missile Treaty, the SALT I in- cord could significantly slow the nuclear Forty years after the effort to halt nuclear terim agreements, START I and the arms race, which has diverted hundreds of testing began, a comprehensive test ban out- START II Treaties, which came along a billions of dollars from civilian needs and lawing tests in the last permitted environ- little bit later. These treaties first put heightened the risk of nuclear warfare. ment, underground, is at last coming into a cap on the nuclear arms race. That dream is now closer to realization sight. The idea was so long in becoming re- than ever before. Yesterday China dropped ality because the five declared nuclear pow- These were followed by some other its insistence on making an exception for so- ers found it more urgent to improve than cap agreements. In 1974 President Nixon called ‘‘peaceful nuclear explosions.’’ That their arsenals, while others wanted to keep a got the Threshold Test Ban Treaty means all five officially recognized nuclear nuclear option open. Only when the Cold War through and President Ford accom- powers—the United States, Russia, Britain, ended and the anxieties, alarms and ambi- plished the Peaceful Nuclear Explo- France and China—now support a complete tions feeding big-country bomb programs di- sives Treaty in 1976. test ban. minished did a test ban become possible. These were all great steps along the Other differences remain among the 38 na- For nuclear powers, a treaty—a prime tions negotiating in Geneva. They involve American goal—amounts to restraint on way. Many people thought, along the verification procedures, test site inspections qualitative weapons improvements: arms way, we would never get to a day when and how many countries must ratify the control. For undeclared nuclear powers we would have a Comprehensive Test treaty before it goes into effect. But accept- (there are three: India, Pakistan and Israel) Ban Treaty, where all nuclear explo- able compromises seem within reach before and for nuclear aspirants, a duly ratified and sives would not be tested anymore, the June 28 negotiating deadline. The next enforced ban will bottle up programs of their that we would cap things at that point. three weeks will require an intensive push by own: nonproliferation. But here we are, about to achieve it, the Clinton Administration, which deserves In the latest phase, the parties at Geneva just about to achieve it. Will we be able credit for pressing for completion of a trea- found themselves with an unworkable text ty. containing more than 1,000 national objec- to make it? I do not really know at The move toward a test ban is part of a tions. Chairman Iaap Ramaker of the Neth- this point. But I do know this, the final broader global bargaining process that last erlands broke the stalemate with his own stages of negotiating are underway year produced an indefinite renewal of the text. The talks now going on are focused on right now with the CTBT. S6976 CONGRESSIONAL RECORD — SENATE June 26, 1996 The administration has come out and Mr. EXON. I yield 1 more minute. Test Ban would serve their security in- given a very strong statement in a let- The PRESIDING OFFICER. The Sen- terests. Britain, Russia, France, and ter to Senator EXON that opposes this ator is recognized for 1 additional China have all agreed in principle to a amendment because they feel, and I minute. CTB that will ban all nuclear explo- agree with them, that this amendment Mr. GLENN. ‘‘* * * meet the chal- sions, no matter how small. could not come at a worse time in lenge of maintaining the reliability This amendment would make a these negotiations. The CTBT negotia- and safety of our nuclear inventory ab- mockery of this unanimous commit- tions in the Conference on Disar- sent nuclear testing.’’ They are con- ment. The United States and many mament in Geneva have a deadline of vinced of that. These are our highest other nations are now poised to cross this Friday, the day after tomorrow, in level people who deal with this. the threshold into a world free from which, by that time, we may be able to But the President has also assured us nuclear testing. This amendment have a Comprehensive Test Ban Treaty if there was any doubt of this, and it would be a classic case of snatching de- for the first time since entering the nu- was brought to his attention, what he feat from the jaws of victory at this clear age. It will, indeed, be a historic would do is say we have to come out of critical moment in the nuclear era. time if we accomplish that. the treaty if there was any doubt about The proponents of the amendment This amendment we are considering the safety of our stockpile or the reli- claim that it gives the President the here this evening could be interpreted ability of it. ability to ensure the safety and reli- by some of those States that are nego- With that kind of assurance, it seems ability of the U.S. nuclear stockpile. tiating over there now as maybe a lit- to me the least we should do to show But the nuclear stockpile is already tle subterfuge, as maybe we are not faith with our negotiators at Geneva is safe and reliable. The JASON panel, a quite meaning what we are negotiating to make very, very certain we defeat group of our most eminent nuclear ex- in Geneva. In fact, they may believe this amendment tonight. perts, states this fact in its March 1995 that we are pulling the rug out from Continuing the letter: report to the Secretary of Energy. The under our negotiators at Geneva by There is a concern on the part of the co- panel concluded that the United States even bringing this up for a vote. If this sponsors of the amendment that, if such a can rely on the Clinton administra- would happen to be agreed to, it would problem arose after September 30 but before tion’s stockpile stewardship program— really be a tragic thing for our nego- the CTBT entered into force, current law would prohibit remedial testing. developed by the Secretary of Defense tiators over there, because it would and the Chairman of the Joint Chiefs of Mr. President, I do not accept such call into real doubt our intentions for Staff—to maintain high confidence in reasoning. We have quite a legacy of the long-term future. the reliability and safety of our nu- testing that gives us high confidence in The administration has no such plans clear stockpile. No further testing is our nuclear arsenal, a legacy backed up or intentions to circumvent the provi- needed. sions that they are negotiating over today and tomorrow by the Stockpile Thirty-three years ago, in his famous there. So I hope the people with whom Stewardship program. And if we sup- address at American University, Presi- we are negotiating are under no illu- port our negotiators, rather than un- dent Kennedy called for the negotia- sions about this and are not led astray dercut them with initiatives that cast tion of a Comprehensive Test Ban, and in their thinking because of any pro- doubt on America’s resolve to proceed ever since, Republicans and Democrats posal such as this amendment on the with its commitment to a complete alike have worked to meet that great floor. and total ban on all nuclear tests, our goal. Today, we are on the verge of suc- The administration also has not re- country’s security will be all the better cess. Supporting the Comprehensive quested any funding for any additional served. Test Ban is the single most important tests, so their intent is very clear. It is If that were to occur, it is important to to go along with the way they have recognize that one or more years would be step the Senate can take to achieve a been negotiating in Geneva in good required to prepare for any resumption of non-nuclear future. I urge my collegues faith. Our allies and the people nego- nuclear testing at the Nevada Test Site. Dur- to oppose the Kyl amendment. tiating there should be assured of that. ing this time, we would be able to obtain the The PRESIDING OFFICER. Who necessary funding and legislative relief to This has been in good faith. yields time? Time is running against carry out the necessary test. both sides. This amendment would, in effect, In short, the Administration believes that also relax the existing legislative mor- The Senator from Nebraska. the Kyl-Reid Amendment is not only not Mr. EXON. Mr. President, I have just atorium just at the time when the only necessary, but it also entails a genuine risk remaining state still conducting nu- of delaying or derailing the CTBT negotia- checked with the Parliamentarian. I clear tests, China, has announced it tions just as we may well be poised to believe there are 40 minutes left on will join the global moratorium in Sep- achieve a global ban on nuclear testing. that side. I have a net of 3 minutes left tember. Sincerely, because I am reserving 10 minutes for Three of us, Senator FEINSTEIN, Sen- WILLIAM C. DANVERS, Senator HATFIELD under a previous ar- Special Assistant to the ator NUNN, and myself, were in Beijing rangement. President for Legislative Affairs. in January of this year. We brought I guess I have been in debates in the this up to President Jiang Zemin, Mr. KENNEDY. Mr. President, I op- U.S. Senate for a long, long time, but President of the People’s Republic of pose the amendment offered by the the other side, who are proposing the China. We talked to him about what Senator from Arizona. Today, in Gene- amendment, do not seem to want to their view was on the CTBT. He said va, delegations from 60 countries are talk. I do not quite understand. It cer- they are still negotiating on it, but if assembled to negotiate an agreement tainly is not fair, under the usual pro- it was negotiated and went into effect that leaders from around the world cedures that we follow here, for one by the end of the year, China would—in have dreamed of and worked toward for side to use up its time and then the effect, they would make it a point to nearly 40 years. The goal is a Com- other side sit in deafening silence when have all of their nuclear tests done by prehensive Test Ban Treaty to outlaw their time comes to talk. that time. That is exactly what they nuclear testing around the world, and I suggest to the Chair, it would not are planning to do. Because China has it is well within reach at long last. be fair for the other side not to make announced it will join the global mora- This amendment would clearly under- their arguments for the proposition torium in September. mine that all-important strategy, and that they are trying to force on the As to reliability of our stockpile, we it ought to be defeated. United States of America. are confident that, as they say in the The Kyl amendment also seeks to re- When you enter into time agree- letter from the White House, ‘‘The verse the current U.S. moratorium on ments, you expect some fair assump- Science-Based Stockpile Stewardship nuclear testing, which formed a solid tion of the responsibilities of the man- will ensure we can * * *’’ basis for American leadership in the agers of the bill on both sides. This The PRESIDING OFFICER. The time international effort to achieve a CTB. Senator has been here on the floor. of the Senator has expired. Our adoption of a moratorium con- I reserve the remainder of my time. Mr. GLENN. Might I have 1 more vinced the four other declared nuclear The PRESIDING OFFICER. Who minute? weapons states that a Comprehensive yields time? June 26, 1996 CONGRESSIONAL RECORD — SENATE S6977 Mr. KYL addressed the Chair. tests. Over the last 12 months or so, we arming of a terrorist device, providing The PRESIDING OFFICER. The Sen- have seen France test, Russia may for total safety so no device would ever ator from Arizona. have tested—the intelligence is not go off. These are defensive measures, if Mr. KYL. Mr. President, I am de- clear on that—and China has conducted you will. We are not developing new lighted to take some time. As I in- a test, and China has said it is going to nuclear weapons, and nobody is propos- formed the Senator from Nebraska ear- conduct at least one more test. ing to do that. lier, we had only two speakers remain- So those tests would give the Presi- But, effectively, after September 30, ing on our side. I knew the Senator dent of the United States the authority our ability to test, unless another from Nebraska had several speakers. I, to conduct nuclear tests until such country tests, will have been elimi- therefore, wanted to give those speak- time as the Comprehensive Test Ban nated, terminated by the law, and that ers an opportunity to present the argu- Treaty [CTBT] goes into force. That is is what we are trying to prevent. ments against our amendment, which I what we have showing here. We do not What we are saying in our amend- had already explained in great detail know when that will be, if ever, but we ment is really very simple, and if you when we first laid it down a week ago. presume it will occur, and so we just go below the line that says ‘‘Kyl-Reid I have been on the floor twice explain- entered it on this line here. amendment,’’ you will see what our ing it. I will do it again. I am happy to At that point, as the Senator from amendment will do. do it, because we are asking for some- Nebraska said, there will not be any We simply extend this September 30 thing that is very modest, yet very im- nuclear test, except in the extraor- deadline until such time as a CTBT portant. I hope all the Senators who dinary event of what is called the su- goes into effect. At that point, you are watching will appreciate the fact it preme national interest, which is an have an entirely different set of rules, is important to defeat the motion to event very unlikely, if at all likely, to but until that time, we continue to table that will be laid down. occur. have the option of testing for stockpile I think the easiest way to describe So, in effect, the only thing that can safety and reliability purposes. We what this amendment does is to use cause the President to test after Sep- would not have to wait for another na- this chart. If you go to the line above tember 30 is if another nation tests. tion to test to have the ability to test. Kyl-Reid amendment, you see where we Now, is that a logical basis upon But importantly, we also added some are today: the status quo, what the law which the United States would conduct other safeguards in our amendment. provides with respect to nuclear test- nuclear testing? The answer, of course, We provide in our amendment that the ing. And that is what we are talking is no. Because France tested, does that President will continue to report to the about today: the President’s authority therefore provide a reason for the Unit- Congress on the stockpile and will pro- to conduct an underground nuclear test ed States to test? No. Even China’s vide a report on the necessity for any in the event that he should deem it tests do not provide a reason for the testing. Now, those reports are not re- necessary to do so. United States to test. quired after September 30. And we pro- That authority expires, Mr. Presi- We have developed our nuclear arse- vide that the President’s authority to dent, on September 30 of this year. nal. We have really only three reasons test after September 30 is subject to a When some say, ‘‘Well, we may not to test, Mr. President. The first is for veto by the Congress. If a majority of have that big of a problem with the the safety of our stockpile, to ensure the Congress says ‘‘no’’ to a testing amendment, but we’re concerned about that as weapons become 20 or 30 years message by the President, then the the timing because we’re engaged in old and begin to deteriorate—and they President would not be allowed to test. these delicate negotiations’’—I will do deteriorate—that the safety of the So we tighten up the law after Septem- come back to that in a minute—but the weapons is not compromised, that the ber 30, and I think that is a good thing reason we raised the amendment now is safety requirements of the people who for us to have done. because the distinguished chairman of handle the weapons is not com- Mr. LEVIN. Will the Senator yield the Armed Services Committee said if promised. I will return to that issue of for a brief question? you have amendments to the bill, lay safety in a moment. Mr. KYL. Quickly; yes, I will yield. them down now. Mine was the second The second reason is reliability. Will Mr. LEVIN. You said if a majority of amendment laid down, just following they still work, or, as a result of this Congress votes to disapprove the reso- the instructions of the chairman. deterioration, does there come a point lution—— Secondly, we have to do this before in time when we cannot assure the reli- Mr. KYL. That is correct. September 30. As you know, we are not ability of the stockpile? At that point, Mr. LEVIN. Is it not true the Presi- going to have that much in the way of we do not have an adequate return, ob- dent could then veto that resolution? legislative time. viously. Mr. KYL. Mr. President, I believe the But third, I have already offered to The third reason to test is to deal answer to the question is that a veto the Senator from Nebraska, who I see with a recent phenomenon: the prob- would lie in the event that a majority now leaves the Chamber, but I made lem of terrorism. We have just seen a of the Congress voted to disapprove the this offer before and I make it again. I terrible event occur in Saudi Arabia in- President’s action. am delighted to delay this vote until volving a bomb, and many people have Mr. LEVIN. And if the President, in the evening of the 28th—long after the suggested that perhaps the terrorist fact, submitted such a resolution, is it day in Geneva has expired—because I state’s worst weapon is a nuclear bomb not very likely he would veto a resolu- have no intention of having this delivered by a truck. Today, we do not tion that a majority of the Congress amendment have any effect whatsoever have a good way of dismantling that passed? on the negotiations. It does not, it can- bomb, and the experts at our national Mr. KYL. My guess is, if a majority not, there is no relationship whatso- laboratories believe that there may of Congress voted that way, it would ever, but for those who thought it come a point in time when we have to send a message to the President. This, might, I was perfectly willing to delay understand how to dismantle such a in any event, is a restriction that does the vote, and I am still willing to do weapon. We have to know how to do it, not exist under current law. Today, the that. obviously, in advance, because we may President can simply say, ‘‘I am going I will make that offer here again have very little warning when the time to test because France tested.’’ right now. Assuming we defeat the mo- comes. I just ask my friend from Michigan, tion to table, I will be happy to have Do you shoot a laser at it? Do you is it not better to have some way for this amendment be the very last one overpower it with electrical voltage? Congress to express itself in opposition, considered before final action on the What can you do to disarm that bomb? and if we adopt the resolution of dis- defense authorization bill, which I as- We may have to conduct some kind of approval, it does not happen, as op- sume will be on Friday. Now let us go low-level test to find that out. posed to the existing situation of which back to the explanation of the law. None of this, Mr. President, advances we have no ability to say to the Presi- On September 30, there is only one nuclear weapons in the world. As a dent, ‘‘No, you can’t do it’’? basis for the President to conduct a nu- matter of fact, it is all designed to re- Mr. LEVIN. For the reason I gave clear test, and that is if another nation duce their use: the dismantling or dis- you a few moments ago, this would be S6978 CONGRESSIONAL RECORD — SENATE June 26, 1996 a very unsettling decision for Congress President to do that, again, unless Con- maybe the United States is going to to make now that we are on the verge gress disapproves. begin conducting tests again, when of achieving that test ban. My good For the life of me, I cannot under- they have that very right? It does not friend from Arizona said a majority of stand why someone would want to tie seem to me that is a very sound argu- Congress could vote to disapprove the our hands in this regard particularly ment, Mr. President. resolution. I want to clarify, this is a where safety is concerned. We test ev- Finally, there was the suggestion joint resolution of disapproval, I be- erything else for safety, from the pistol that we have our stockpile stewardship lieve, that is in the language, and that that is issued to the troops to the air- program, it can handle the situation, means the President could veto it, and planes that fly, to the ships and every- we do not need to test, and that is what any President who submitted such a thing else. We test all of our other we are relying on. The problem is, this resolution would presumably veto it, so weapons all the time for safety and re- administration, while they say they do it would, indeed, as a practical matter, liability. But we are saying we want to not need to test, that we can rely upon take two-thirds of Congress to over- cover our eyes and not know whether this stockpile stewardship program— turn such a resolution; would my the most complex and devastating which is essentially trying to, through friend agree with that? weapons in the world are safe? computer analysis, determine if there Mr. KYL. I appreciate the point the Mr. President, what if we were talk- are any problems with the stockpile, Senator makes. My only point is, any ing about chemical weapons here, and examine them from time to time, and action by the Congress to disapprove there was a suggestion that a chemical otherwise try to take care of them in a the decision by the President to test in or biological warhead was beginning to way that they will not deteriorate, al- our amendment is more than the exist- leak. Would we have a statute here though they do deteriorate—but not- ing law, which is zero after September that says, no, we do not want to worry withstanding that being our policy, the 30. about that because we want to do away administration is not funding it ade- Mr. President, I say to my friend with all chemical weapons? That is the quately. As a result, one wonders from Michigan, we are trying to do same argument being made here. We whether or not these weapons really what we can to allay concerns that a want to do away with nuclear weapons, are going to continue to be safe and re- rogue President would simply decide to so we’re not even going to test them, liable. do something very foolish and Congress even if we conclude they might not be If you are going to use the stockpile would not have any ability to deal with safe. It does not make sense. This stewardship argument in opposition to it. amendment does not do anything to the possibility of ever testing, then you Let me go to some of the arguments the CTBT. It simply continues the ex- darn well better have a good stockpile that have been made. The first is the isting law until there is a CTBT. stewardship program. But this admin- one that questions our timing here. I There is a letter from one of the ad- istration is not doing that. must say that I am baffled by this be- ministration officials that says, well, Hazel O’Leary, the Secretary of En- ergy, is responsible for the program. In cause, as I said, I made the offer to this could signal a possible intent to testimony to the Strategic Forces Sub- have the vote on this amendment after conduct tests. How? The administra- committee on April 16, the Secretary June 28. tion has already said it is not going to But let us look at that date June 28 conduct tests. No funding has been re- had this to say about the outyear fund- ing for the stockpile stewardship: again. According to the Washington quested. It disclaims any interest in Post and other news sources—I quote conducting tests. That ought to answer I think we all have reason to be concerned about the outyears. It is in that area where from the June 21 editorial entitled that. I have no quarrel with their concern. [The ‘‘Treaty in Trouble.’’ I am not sure if But in any event, if we had a dan- laboratory directors had expressed concern this treaty is going to be approved on gerous weapon, would somebody in for years.] I think we need to work together this Friday in any event, regardless of Britain—why should they be opposed to to address that. what we do. The editorial begins by our testing to make sure that we could The point had been made earlier that saying: ensure the safety of our weapons, so the funding that had been requested as The bleak possibility arises that negotia- that our personnel would not be irradi- the minimum level necessary, accord- tions on a test ban treaty may fall into a ated, for example? What is so wrong ing to C. Bruce Tarter, of University of deepening deadline or—an even more bitter with ensuring that we have that ele- California’s Lawrence Livermore Lab- prospect—produce a treaty that will lan- ment of safety? oratories, was $4 billion a year. Yet the guish and not be put into effect. Finally, I find a bit of an irony here President’s request for this year is $3.7 They point out this is because of a with people who are commending the billion. So it would be nice to rely upon deadlock of the several nations of the Chinese for joining the family of na- the stockpile stewardship; it would be world that do not have or may not have tions that want to do away with test- even nicer if the administration, which nuclear capability and are putting de- ing. The Chinese have already said that allegedly opposes our amendment here, mands on the countries that do. They they are going to conduct another test. would properly fund the stockpile stew- say, ‘‘We will not sign up unless you They are going to conduct another ardship. I do not have a lot of con- disarm yourself totally.’’ This is the test. Let us say it is after September fidence in that in that event. country of India. Pakistan says, ‘‘If 30, 1996. The fact is, they can conduct a I am going to conclude at this point, India does not sign up, we do not sign test until the CTBT goes into effect. Mr. President, by saying our amend- up.’’ So there is a significant question There is nothing to prohibit the British ment has no hidden agenda behind it. as to whether or not this treaty is from conducting a test or the French We are not seeking to engage in test- going to be approved on Friday in any or the Russians. We would be the only ing. It should not have any impact on event. But let us assume that, in any nation of the declared nuclear powers the discussions that are occurring. As I event, it is voted on by Friday and is that is saying, we alone will not test said, I am willing to have the vote approved. I have already indicated that after September 30, no matter how long after that anyway. The only thing we I am perfectly happy to have the vote it takes to get to the CTBT. What if we are trying to do is preserve the ability on our amendment subsequent to that do not have a CTBT for 10 years or 15 of the President in that kind of emer- time. years? We and we alone would be pro- gency where he may need it to engage Third, and most important, this hibited from testing for safety pur- in some kind of low-level, underground amendment has nothing whatsoever to poses. How does that make any sense? testing to preserve the safety and reli- do with the CTBT. Again, referencing More importantly, how could that ability of our stockpile up until such the chart will make that point clear, cause people in Geneva to worry? They time as the CTBT should go into force. we say that at such point in time as have the right to conduct tests. If we I urge, Mr. President, that our col- the CTBT enters into force, that is simply consider an amendment that leagues who are watching and listening what controls. But we fill this hiatus would extend the President’s authority here support the chairman of the after September 30, when the President beyond September 30, that is going to Armed Services Committee in his re- cannot test for safety and reliability, somehow give people concern that they quest that we vote no on the motion to by continuing the authority for the should not sign the treaty because table. June 26, 1996 CONGRESSIONAL RECORD — SENATE S6979 Mr. KEMPTHORNE addressed the the key date of September 30 of this Mr. KEMPTHORNE. I thank very Chair. year. It is my understanding that on much the Senator from Arizona for the The PRESIDING OFFICER (Mr. September 30 the provisions provided clarification. Again, I think he has SMITH). Who yields time? in the Hatfield-Exon measure expire. done a fine job of just laying it out in Mr. KYL. Mr. President, I am happy Mr. KYL. That is correct. a very straightforward manner so we to yield whatever time the distin- Mr. KEMPTHORNE. Now, there are can understand what this is all about. guished Senator from Idaho, a member what are termed ‘‘declared nuclear I yield my time back to the Senator of the Armed Services Committee, states,’’ and there are five of those, one from Arizona. needs. of which is China. The Senator has in- Mr. KYL. I inquire how much time Mr. KEMPTHORNE. Thank you very dicated, and I have seen it elsewhere, remains. much, Mr. President. that China has indicated that it is The PRESIDING OFFICER. The Sen- I want to acknowledge the expertise going to test again. ator from Arizona has 16 minutes re- of the Senator from Arizona. What happens if they test after Sep- maining and the Senator from Ne- To me it is quite clear-cut and tember 30? What happens if the Kyl- braska has 141⁄2 minutes. straightforward what the Senator is of- Reid amendment is in effect? What Mr. EXON. Mr. President, I yield 3 fering. The explanation that he has happens if the Kyl-Reid amendment is minutes to the Senator from Vermont. gone through, I think, has laid it ap- not in effect? Mr. JEFFORDS. Mr. President, I rise propriately before us. This amendment Mr. KYL. This is an illustration of in strong opposition to this amend- does not require or even foresee the why this amendment would be useful. ment. This is a very critical time in need for the United States to begin Without the Kyl amendment, first of the history of the world. Whether we testing nuclear weapons in the near fu- all, the President would be able to con- are going to be able to stop the pro- ture. duct an unlimited number of under- liferation of nuclear weapons is the What it does is put the United States ground nuclear tests just because most critical question that we face. We on a level footing with the other signa- China conducted a test. Second, the must work to provide for sanctions for tory nations to the Comprehensive Nu- President has no obligation to inform those that do develop weapons. In order clear Test Ban Treaty, or the CTBT. the Congress, certainly not to get our for us to have credibility, we have to be This amendment does nothing more consent. The Congress does not have willing to accept the fact that we than provide the President with the any authority to disapprove of any should not test. Otherwise, it is very ability to resume testing if and only if such tests, and we would no longer difficult for us to convince others that he deems that the supreme national in- after September 30, receive the reports they should not test. terest dictates such action. on the safety and reliability of the There has been a fair amount of dis- So what does this amendment do and stockpile that the President has al- cussion about the technical details of what does it not do? It does not under- ways been required to send to the Con- nuclear testing, both pro and con. I mine ongoing CTBT negotiations. It gress. will not go over that ground, but I does not require the United States to Conversely, if our amendment is would like the Senators to step back resume testing. It does not even en- adopted, first of all, the President is re- and examine the big picture for a mo- courage the resumption of testing. quired by law to submit an annual re- ment. It does place four additional require- port to the Congress that outlines the The real question here is national se- ments on the President that must be need for any underground nuclear test. curity. One of the greatest threats to met before testing could be reinitiated, We would have 90 days to disapprove of our national security is the prolifera- four additional requirements. that request, and we would indefinitely tion of nuclear weapons. We have been This amendment also clarifies a dis- be entitled to receive reports on the spending a lot of time recently discuss- crepancy between existing U.S. law and safety and reliability of the stockpile. ing whether we should build extremely the treaty language regarding what is At a minimum, it seems to me, Mr. expensive systems that might in the and what is not considered to be a nu- President, that Congress, if it is going distant future protect a fraction of the clear test. Without this clarification, to rely upon the stockpile stewardship United States from a nuclear attack. the treaty, when signed, would be in program, should want to continue to We also know that it would be very conflict with U.S. law. receive reports from the President on hard to protect U.S. forces abroad from This amendment also gives the Presi- the viability of the stockpile. Under a nuclear attack. dent authority that he says he needs to existing law, that would cease to exist. If nuclear capabilities proliferate to ensure our national defense. Under our amendment, the President rogue nations, we will be very hard In his August 1995 statement regard- would be required to submit the re- pressed to guarantee the safety of all ing the CTBT, President Clinton iden- ports. Americans in the event of a nuclear at- tified the conditions that would cause Mr. KEMPTHORNE. Is it fair to say tack. Clearly, the best way to prevent the United States to resume nuclear and is it accurate to say that with the such an attack is to prevent the spread testing. This amendment provides the Kyl-Reid amendment in place it is of nuclear weapons in the first place. President the flexibility to respond to more restrictive on the conditions for That goes to the heart of this amend- such conditions should they arise, the nuclear testing? ment. conditions which the President out- Mr. KYL. Yes, clearly it is, because The administration is currently en- lined. without the Kyl-Reid amendment, if gaged in very sensitive negotiations to This amendment is very narrow. It China tests, the President can test, pe- achieve a Comprehensive Test Ban provides the United States rights that riod, end of story. Treaty. Successful completion of a are equal to those of other CTBT signa- Mr. KEMPTHORNE. Without any in- strong test ban treaty would do more tory nations. It clarifies ambiguities in volvement of Congress? to protect Americans from nuclear at- existing U.S. law. It reinstates impor- Mr. KYL. Without any involvement tack than any space shield currently tant congressional reporting require- by Congress or without any report. being envisioned. The best way to ments, and it provides the President Under our amendment, Congress has make sure we are not a target of a nu- with the flexibility he says he needs to the ability to say no, and the President clear weapon is to prevent the develop- ensure our national defense. It does not would have to continue to submit a re- ment of nuclear capabilities by more promote the resumption of nuclear port to us and he would have to report nations. That is what a Comprehensive testing. It does not undermine the cur- to us on the necessity for an under- Test Ban Treaty will do and attempt to rent negotiations. This is a prudent, I ground nuclear test. The requirement do for us. believe, a much needed provision. for the test would have to be based Passage of the Kyl-Reid amendment I ask the Senator from Arizona if he upon a stockpile stewardship issue— would send exactly the wrong signal at would respond to a question or two. safety and reliability—rather than the a very sensitive time. The amendment Mr. KYL. I am happy to respond. mere fact that another nation decided says to the rest of the world that we Mr. KEMPTHORNE. I ask the Sen- to test, which obviously has no rela- are ready to consider a resumption of ator from Arizona if he would clarify tionship to our stockpile. testing, just when we finally have S6980 CONGRESSIONAL RECORD — SENATE June 26, 1996 agreement among the major nuclear Mr. HATFIELD. Mr. President, I ously oppose the Kyl-Reid amendment powers that it is time to put an end to thank the Senator from Nebraska for and urge my colleagues who believe in nuclear tests. yielding. I want to also say the Senator the nonproliferation goal of achieving I urge my colleagues to resist this ef- from Nebraska, Senator EXON, has been a Comprehensive Test Ban Treaty in fort to overturn the Hatfield-Mitchell carrying the burden, pretty much, here 1996 to join me in opposing this amend- legislation enacted 4 years ago, and to on the floor on this issue of the Kyl ment. keep this country on the safer course amendment. I want to express my deep At an appropriate time, I believe the of steady progress toward a comprehen- appreciation to the Senator for assum- authors of this amendment are aware sive test ban. ing that role. I am sorry I have not that I will make a motion to table the I yield the floor. been able to be more helpful, but other amendment. Mr. EXON. Mr. President, I yield my- duties have precluded me from engag- I yield the floor. self 3 minutes. ing in more activity until now. Mr. KEMPTHORNE. Mr. President, I Mr. President, there is obviously Mr. President, our negotiators in the ask unanimous consent that the vote some serious misunderstanding here, Comprehensive Test Ban Treaty con- on or in relation to the Kyl amendment because Senator KYL has not correctly ference are on the brink of success occur at the hour of 8:40 this evening, stated the existing law by suggesting from many perspectives. The con- with Senator EXON in control of his that any other nuclear state could con- ference concludes at the end of this previously allotted time, and any re- duct a nuclear test after September 30, month, so in 3 days we will know if the maining time until 8:40 under the con- and before the Comprehensive Test Ban goal that we have worked toward for 40 trol of Senator KYL. Treaty is entered into, but the United years will come to fruition. I am speak- The PRESIDING OFFICER. Is there States could not. This is simply not ing of the Comprehensive Test Ban objection? true. Treaty, which has been a goal of mine Without objection, it is so ordered. Mr. KEMPTHORNE. To clarify for all If any nation tests after September for many years. When we passed the Senators, we will vote this evening at 30, the law stipulates that all restric- current moratorium on nuclear testing 8:40, and that is now set. tions on U.S. testing are limited. It is in 1992, we provided significant momen- Mr. NUNN. How much time is on a basic tenet of the Hatfield-Mitchell- tum toward the CTBT. each side? I did not get that. Exon law. The only effect of the law is I am very concerned that the amend- The PRESIDING OFFICER. Six-and- that the United States will not be the ment pending is characterized as a a-half minutes controlled by the Sen- first nation to test after September 30. minor change in policy and a clarifica- ator from Arizona, and 5 minutes con- Would Senator KYL agree with this tion of the original moratorium of test- trolled by the Senator from Nebraska. correction? I ask him to do it on his ing which is current law. Let me be Mr. NUNN. I thank the Chair. time because I am almost out of time. clear that this is not a simple change. The PRESIDING OFFICER. Who Senator KYL has also said that his This amendment will have the effect of yields time? amendment would allow for a resump- completely undermining the baseline Mr. EXON. Mr. President, I yield 1 tion of testing for ‘‘safety and reliabil- agreement reflected in that morato- minute to the Senator from North Da- ity’’ reasons only. I say to my friend rium created in 1992 and the momen- kota. from Arizona, if he can show me where tum for a CTBT. I think it sends a sig- Mr. DORGAN. Mr. President, I want in his amendment it states the testing nal that somehow we are backing out to associate myself with the remarks would have to be done for ‘‘safety and or changing our mind on that morato- made by the Senator from Nebraska, reliability’’ only. I have looked and I rium—one that I worked 27 years to Mr. EXON, and the remarks just made cannot find it. achieve. by Senator HATFIELD from Oregon. I The way I read his amendment, a re- The current U.S. moratorium is a could not agree with them more. This sumption of U.S. testing could be for critical show of good faith to other is a critically important issue. any reason whatever. countries with whom we are negotiat- This is exactly the wrong proposal. It I reserve the balance of my time. ing this treaty. To change our testing is exactly the wrong time even to con- Mr. KYL. Mr. President, let me see if policy now, I think, will send sider this proposal. What we have done I can answer the question posed by the shockwaves through the international in recent years to try to make certain Senator from Nebraska who said I mis- arms control community at the most that we do not see continued nuclear stated the law. I have the law right critical time of the CTBT negotiations. testing has just set the right course for here. I will quote it directly. This is Not only is this amendment un- the world, and the wrong vote tonight Public Law 102–377: ‘‘No underground timely, it is also, I believe, unneces- would send exactly the wrong signal at test of nuclear weapons may be con- sary. The President has extended the a time when so many countries are sit- ducted by the United States after Sep- 1992 testing moratorium because he ting down and hoping that by Friday tember 30, 1996 unless a foreign State and his military advisers concluded we will achieve the result of never conducts a nuclear test after this date, that our nuclear arsenal is safe and re- again seeing nuclear testing in this at which time the prohibition on Unit- liable. Not even the scientists involved world. ed States nuclear testing is lifted.’’ in nuclear testing are calling for under- So I appreciate the leadership of the That is precisely what I said. After ground tests to resume. Senator from Nebraska and the others September 30, the only basis upon More importantly, the President al- who have spoken against the Kyl which we could conduct a test is unless ready has the ability to resume testing amendment. I hope the Senate will sup- another nation tests—exactly as it is if he determines that it is in the Na- port the motion to table. stated up here. tion’s supreme national interest. If we The Kyl amendment is part of a con- I reserve the remainder of my time. have a severe safety and reliability tinuing assault on arms control. I The PRESIDING OFFICER. Who problem, even I would agree with the would urge my colleagues to recall yields time? President in exercising this option. what has happened in this Congress. Mr. EXON. Mr. President, how much It seems to me that this debate Recall that the Foreign Relations time do I have remaining? would be more appropriate after the Committee stalled on the START II The PRESIDING OFFICER. Ten min- Conference on Disarmament concludes. Treaty until the Senator from New utes. The Senate will have the opportunity Mexico, Senator BINGAMAN, began to Mr. EXON. I ask the Senator from to debate this issue fully when the filibuster an unrelated bill in order to Oregon as to how much time he feels he CTBT is presented to the Senate for force action on the treaty. will need. ratification. And if the negotiations do Recall that the Senate majority Mr. HATFIELD. About 4 minutes. fall apart and we are not able to get a throughout this Congress has been in- Mr. EXON. I yield 4 minutes to the treaty this year, the Congress can de- tent on building a star wars missile de- Senator from Oregon, Mr. HATFIELD. bate this issue then, or any time fol- fense system that would violate the The PRESIDING OFFICER. The Sen- lowing. ABM Treaty. The ABM Treaty is the ator from Oregon is recognized for 4 Any action now seems to me to be cornerstone of our arms control re- minutes. premature. For these reasons, I strenu- gime—which may be why the majority June 26, 1996 CONGRESSIONAL RECORD — SENATE S6981 desperately wants to knock that cor- ardship program, which will ensure amendment that suggests that we nerstone out of the foundation. that our nuclear arsenal remains the ought to test, how we ought to test; Recall that we still do not know safest in the world without testing. nothing whatsoever. All we do in this when the Senate will act on the chemi- It is not difficult to picture the reac- amendment is to preserve existing law. cal weapons convention, which would tion of other nations if the Kyl amend- So we are not going to change our pol- break new ground by banning the use, ment is approved. They will wonder icy by this law. We are going to pre- production, and stockpiling of an en- why our arms control negotiators are serve it. We are going to say that after tire class of weapons of mass destruc- urging them to compromise on a treaty September 30 the ability of the Presi- tion. That Convention has been on the in Geneva while at the same time the dent to test, if he thinks it is nec- Senate calendar for over 50 days now. I U.S. Senate is allowing the President essary, would continue to exist until hope the majority leader will soon give to resume nuclear testing. How would there is a CTBT. That will expire un- us an indication of when the Senate we like it if the parliament of another less we extend his authority. will vote on that historic treaty. country at the negotiating table began There is one condition under which And we now have the Kyl amend- to consider loosening that country’s re- we would be allowed to test in the fu- ment. Mr. President, 4 years ago Sen- strictions on nuclear testing? We’d ture, as the Senator from Nebraska has ators HATFIELD, Mitchell, and EXON begin to question that country’s sin- pointed out; that is, if another nation worked very hard to enact a law re- cerity at the talks. We’d begin to won- tests. That does not have anything to stricting nuclear testing by the United der whether that country intended to do with whether we ought to test un- States. Hatfield-Exon-Mitchell set us live up to its commitments. Well, less we are trying to develop a new on a path to a moratorium on nuclear that’s how other nations are going to weapon, and nobody is suggesting that testing—which the law will prohibit feel if this amendment passes. we would test for that reason. after September 30, 1996. The only loop- I urge my colleagues to vote to table Listen to the words that I read of the hole under which the President can re- the Kyl amendment. President of the United States, Bill sume testing after then is if another The PRESIDING OFFICER. The time Clinton. Here is what he said he would nation tests first. of the Senator from North Dakota has need the authority to do under a test The Kyl amendment would overturn expired. ban regime. the Hatfield-Exon-Mitchell law. It The PRESIDING OFFICER. Who August 11, 1995, his statement regard- would permit the President to start nu- yields time? ing the CTBT, his safeguard F specifi- clear testing after September 30. The Mr. EXON. I yield such time as he cally says: only loophole—the only way the Presi- may need to the Senator from Georgia. If the President of the United States is in- dent would not be allowed to resume Mr. NUNN. Mr. President, I will take formed by the Secretary of Defense and the testing—is if the Congress tells him a short time here. I will support the ta- Secretary of Energy, advised by the Nuclear not to. bling motion on this amendment. I Weapons Council, Directors of the DOE’s Nu- It’s bad enough that the Kyl amend- think this is not a necessary provision clear Weapons Laboratories, and the Com- ment would repeal a moratorium on at this moment. I think it is certainly mander of the U.S. Strategic Command that a high level of confidence in the safety and nuclear testing that is now in the law. not timely. Senator EXON and Senator reliability of a nuclear weapon type, which However, the international repercus- HATFIELD offered their amendment in the two Secretaries consider to be critical to sions of this amendment are even 1991. It is the law of the land. It pro- our nuclear deterrent, could no longer be worse. hibits further U.S. underground nu- certified, the President, in consultation with Mr. President, I hope the American clear testing unless, after September 30 Congress, would be prepared to withdraw people realize that American nego- of this year, another country conducts from the CTBT under the standards of the tiators are literally working around an underground nuclear test. If another Supreme National Interest Clause, if in the clock in Geneva as we speak in country does it, the Exon-Hatfield pro- order, to conduct whatever testing might be order to reach agreement on a Com- vision automatically expires. required. prehensive Test Ban Treaty. There are Moreover, the administration is in That is the authority that President 37 countries around the table at the the final throes of negotiating a CTBT. Bill Clinton says he will need to have Conference on Disarmament in Geneva, President Clinton pledged that if there in the future. He will have that author- all trying to hammer out a nuclear test were problems with the U.S. weapons ity under the Convention, the Com- ban treaty. The planet has set itself a stockpile, he could exercise the su- prehensive Test Ban Treaty, but he goal of agreeing on this treaty by this preme national interest clause in the will not have that authority, iron- Friday, June 28. These talks are in treaty in order to take the necessary ically, prior to that time. their final, most sensitive stage. steps to protect our security. So, ironically, the authority that he What is so stunning about the Kyl If adopted, it is my belief that this requests after the CTBT goes into ef- amendment is that it suggests that we amendment, particularly with the tim- fect, which would exist at this point, allow renewed nuclear testing. And the ing, could make the negotiations of the does not exist in the interim period of Senator from Arizona is making this CTBT harder rather than easier to con- time after September 30. He would not suggestion 2 days before the planet’s clude. have the ability to test for the reasons self-imposed deadline for achieving a So I urge my colleagues to support that he indicated in his statement. treaty to ban nuclear testing for all the Hatfield tabling motion when it is All we are trying to do by this time. made. amendment is to continue the existing This treaty has been a goal of Amer- Mr. KYL addressed the Chair. law to give him that authority and to ican foreign policy since the Eisen- The PRESIDING OFFICER. The Sen- require that he report to the Congress. hower administration, and the Kyl ator from Arizona. We add one thing and one thing only. amendment is urging that we allow nu- Mr. KYL. Mr. President, let me make Congress has a right to disapprove of clear testing again. As several of my what may be my concluding remarks. his action by a majority vote of both colleagues have already observed, leav- The Senator from Oregon, who will Houses of the Congress. We thought ing aside the policy implications of the make a motion in just a moment, had that was a good thing, not a bad thing, amendment, it is impossible to con- two primary points. I would like to re- if people are concerned about the ceive of a worse time for this amend- spond to both of them. President. But this President, Bill ment to be offered. The first is, he said we do not want to Clinton, has said he needs the author- Mr. President, the United States has change our testing policy now. I know ity to test. been working to lead the world toward that is the thing that animates him We simply continue that authority a test ban agreement. Since 1993, when most in this debate. until the CTBT takes effect. It would President Clinton decided to extend a I want to state to everybody here be ironic, indeed, for the President to testing moratorium, we have been lead- that there is no intention to do this. request the authority after the CTBT ing by example. We have refrained This amendment does not do it. It is goes into effect but not before then. from testing nuclear weapons. We have the President who establishes a testing The second point made by the Sen- developed an ambitious stockpile stew- policy. There is not a word in this ator from Oregon is the same point S6982 CONGRESSIONAL RECORD — SENATE June 26, 1996 that others have made. They wish that With that, Mr. President, I simply The PRESIDING OFFICER. Without we did not have to debate this right say put this off, keep mankind in- objection, it is so ordered. now and have a vote on it prior to the formed, do something about it next Mr. NUNN addressed the Chair. 28th. year and not now. It has no adverse ef- The PRESIDING OFFICER. The Sen- I have said over and over again—I fect whatsoever on the national secu- ator from Georgia. renew my offer to the distinguished rity interests of the United States, or PRIVILEGE OF THE FLOOR ranking member of the Armed Services the safety and reliability of our nu- Mr. NUNN. Mr. President, I ask Committee, and to the Senator from clear arsenal. unanimous consent the privileges of Nebraska—I would be delighted to have I thank the Chair. I yield back any the floor be granted to Mr. Zack Davis, a vote on my amendment. If we do not time I have remaining. of my staff, for the time during which table it here, we can have a vote on The PRESIDING OFFICER. All time this measure is pending. this amendment after those negotia- of the Senator from Nebraska has ex- The PRESIDING OFFICER. Without tions in Geneva are concluded. They pired. objection, it is so ordered. are to be concluded in Geneva on the Mr. KYL. While we are waiting for Mr. HATFIELD addressed the Chair. 29th, by Friday. By the time we vote on the Senator from Oregon to arrive, Mr. The PRESIDING OFFICER. The Sen- Friday it would be nighttime in Gene- President, I will conclude by saying ator from Oregon is recognized. va. that in an entire week of debate here, Mr. HATFIELD. Mr. President, I Therefore, I would be pleased to enter there has not been a new argument move to table the Kyl amendment, and into a unanimous-consent agreement raised. The two primary arguments are I ask for the yeas and nays. that our vote be postponed until that that it would be good to put this vote The PRESIDING OFFICER. Is there a time. over until the 28th, which I would be sufficient second? I do not know what more I can do to happy to do; and, second, that the ad- There is a sufficient second. demonstrate that we are not trying to ministration has not asked for this au- The yeas and nays were ordered. influence what is going on over there. I thority. The PRESIDING OFFICER. The understand that is the argument that But as I just quoted from the Presi- question is on agreeing to the motion has been brought up. But I fail to ap- dent of the United States, Bill Clinton, of the Senator from Oregon to lay on preciate why our offer is not going to he explicitly said that he would have to the table the amendment of the Sen- be accepted as a result of that. have the authority to test if his advis- ator from Arizona. On this question, I reserve the remainder of my time. ers came to him and said that it was in the yeas and nays have been ordered, Those are my comments with respect the supreme national interest that he and the clerk will call the roll. to the Senator from Oregon. do so, as a result of which there will be Mr. FORD. I announce that the Sen- The PRESIDING OFFICER. Who a clause in the CTBT which allows the ator from Arkansas [Mr. BUMPERS] and yields time? President to test under that cir- the Senator from New Mexico [Mr. Mr. EXON. Mr. President, how much cumstance. BINGAMAN] are necessarily absent. time does the Senator from Nebraska I have simply said that it would be The PRESIDING OFFICER (Mr. have remaining? ironic for us to have the ability to do SMITH). Are there any other Senators The PRESIDING OFFICER. Two that today, to have that ability under in the Chamber who desire to vote? minutes fifty seconds. the CTBT but not to have that author- The result was announced—yeas 53, Mr. EXON. I yield myself that time, ity during the interim period of time, nays 45, as follows: and then the Senator from Oregon will when the other declared nuclear na- [Rollcall Vote No. 176 Leg.] be in to offer the tabling motion. tions do have that ability—mentioning YEAS—53 I want to take just a moment and one, for example, the nation of China, thank my dear friend and colleague Akaka Glenn Lieberman which has already indicated its intent Baucus Gorton Mikulski from Oregon, Senator HATFIELD, for all to conduct just such a test. Bennett Graham Moseley-Braun of the staunch support and leadership So it seems to me that nations that Biden Grassley Moynihan that he has given. We have worked on Boxer Harkin Murray might be concerned about what the Bradley Hatfield Nunn this matter because we have a total United States is doing ought to focus Byrd Heflin Pell joint understanding of just how critical their energies more on a country like Chafee Hollings Pressler the end to nuclear testing can be for China. It is still developing its arsenal. Conrad Inouye Pryor mankind. It is absolutely essential D’Amato Jeffords Robb We would only test, as the President Daschle Kassebaum Rockefeller that the United States continue to pro- himself has said, for the purpose of en- Dodd Kennedy Sarbanes vide leadership in this area. Thanks suring the safety and reliability of our Domenici Kerrey Simon once again to my friend from Oregon. Dorgan Kerry Specter stockpile. Exon Kohl Stevens Both the Senator from Oregon and So this amendment does nothing Feingold Lautenberg Wellstone the Senator from Nebraska will con- more than extend the authority of the Feinstein Leahy Wyden clude our careers in the U.S. Senate President up until the time there is a Ford Levin this year. Somebody else will have to CTBT. It has no other effect than that. NAYS—45 take up from there if we are to con- I urge my colleagues not to support Abraham Frahm McCain tinue. If we have not reached a Com- the motion to table and to vote ‘‘no’’ Ashcroft Frist McConnell prehensive Test Ban Treaty, that is on the motion to table that I assume is Bond Gramm Murkowski still a must. Breaux Grams Nickles about to be entered. Brown Gregg Reid I simply say, Mr. President, that the Mr. President, I yield the remainder Bryan Hatch Roth U.S. President says the act is not need- of my time. Burns Helms Santorum ed now; the National Security Council, The PRESIDING OFFICER (Mr. JEF- Campbell Hutchison Shelby I have entered a letter to that effect; Coats Inhofe Simpson FORDS). The Senate is awaiting the ar- Cochran Johnston Smith the U.S. Arms Control and Disar- rival of Senator HATFIELD to make a Cohen Kempthorne Snowe mament Agency says it is not nec- motion to table. Coverdell Kyl Thomas essary; the Secretary of Energy says it Mr. EXON addressed the Chair. Craig Lott Thompson DeWine Lugar Thurmond is not necessary; not only is it not nec- The PRESIDING OFFICER. The Sen- Faircloth Mack Warner essary, but it could not come up at a ator from Nebraska. worse time. Mr. EXON. Mr. President, I simply NOT VOTING—2 I just hope that we will put this mat- say I know the Senator from Oregon is Bingaman Bumpers ter over by the tabling motion that is about to come into the Chamber. In The motion to table the amendment going to be offered. deference to the Senator from Oregon (No. 4049) was agreed to. I would simply advise the Senate and his long service to this body, I Mr. GLENN. Mr. President, I move to that, if for any reason the tabling mo- would like to ask unanimous consent reconsider the vote by which the mo- tion does not prevail, there is going to that we delay temporarily until the tion was agreed to. be long and extended debate on this Senator from Oregon is able to come on Mr. EXON. I move to lay that motion particular amendment. the floor to offer the tabling motion. on the table. June 26, 1996 CONGRESSIONAL RECORD — SENATE S6983 The motion to lay on the table was Leonard Wood, MO, that decision was training at Ft. Leonard Wood and divide that agreed to. based in part on the Defense Depart- basic training among Forts Jackson, Knox, and Sill, each receiving one basic training TRICARE ment’s recommendation to the Com- mission that basic training being con- battalion of 1,400 to 1,500 soldiers. Mr. WARNER. Mr. President, I rise We are concerned that the FY97 Defense in support of the subcommittee lan- ducted at Ft. Leonard Wood be moved Authorization bill contains $58 million in guage regarding the TRICARE program elsewhere in order to make room for BRAC IV military construction funds for and the alternative financing mecha- the additional personnel and activities ‘‘unaccompanied enlisted housing’’ at Fort nism requested by DOD. I appreciate associated with MP and chemical Leonard Wood. It is our understanding that the cautious approach the subcommit- training. this $58 million project is being undertaken tee has taken. This alternative financ- Subsequent to the adoption by Con- partly to enable Ft. Leonard Wood to keep ing mechanism may have significant gress and the President of the BRAC ’95 its basic training mission, even though the merit and it should be thoroughly test- recommendations, the Army changed three posts referred to above have existing capacity to accommodate Ft. Leonard ed and evaluated before it is fully im- its position and has now opted to keep Wood’s basic training student load. We ask plemented. basic training at Fort Leonard Wood. that you review this project against other al- The Tidewater area of Virginia, In this regard, I am concerned that the ternatives available to the Army at lower which is part of TRICARE Region 2, FY97 Defense Authorization bill con- cost. Specifically, we ask that you: has long been the premier test site for tains $58 million in BRAC IV military Review a complete list of the military con- DOD health care programs. The construction funds for ‘‘unaccompanied struction projects approved for or antici- TRICARE Tidewater Demonstration enlisted housing’’ at Fort Leonard pated at Ft. Leonard Wood during the five Project ran from October 1, 1992 to Sep- fiscal years beginning with FY97. Wood, one of four projects totaling $118 Identify the current shortfall in unaccom- tember 30, 1995, and all of its initiatives million in similar BRAC IV funding for panied enlisted housing at Ft. Leonard continue to the present under the new that post. While it is possible that Wood. TRICARE regulations that went into some of these funds are necessary to Identify the current basic training student effect nationwide in October of 1995. A accommodate BRAC-directed moves, it load at Ft. Leonard Wood. TRICARE Service Center has operated is my understanding that this $58 mil- Identify the number of unaccompanied en- in Portsmouth, VA since October of lion project is being undertaken partly listed housing spaces that would become 1992. A managed mental health pro- available at Ft. Leonard Wood if its current to enable Fort Leonard Wood to con- basic training student load were to be relo- gram has been in place for at least a tinue to accommodate its existing cated, in whole or in part as originally pro- decade. TRICARE Extra has been in basic training load. posed by the Department of Defense. place since the beginning of the dem- Mr. NICKLES. I would like to com- Review the number of personnel to be onstration project and TRICARE pliment my colleague from Oklahoma transferred from Ft. McClellan to Ft. Leon- Prime began to phase in during Decem- for his diligent attention to this issue, ard Wood in accordance with the BRAC 95 ber of 1994. Today, more than 60,000 and make clear to the distinguished recommendations. people are enrolled in TRICARE. It is Chairman that I share his concerns. I Compare the number of unaccompanied en- significant to note that this has been listed personnel to be transferred pursuant would respectfully remind the Chair- to such recommendations with the number accomplished without a Managed Care man that the Defense Department’s of unaccompanied enlisted housing spaces to Support Contract. recommendation to the Commission on be constructed at Fort Leonard Wood using The lead agent for region 2 is the this matter was based on the Army’s the $58 million presently authorized by the Portsmouth Naval Hospital, and all stated intention to decrease the basic FY97 Defense Authorization bill. three services are well represented in training load at Fort Leonard Wood Evaluate the availability of unaccom- the region, which also includes Langley and increase basic training at Fort panied enlisted housing at each of the posts AFB, Ft. Bragg, and Camp LeJeune. Jackson, SC; Fort Knox, KY; and Fort identified by BRAC 95 as potential locations Their invaluable experience as the test for basic training currently being conducted Sill, OK. According to the Depart- at Ft. Leonard Wood. bed for incorporating new ideas in DOD ment’s recommendations to BRAC, Identify any military construction costs, if health care makes region 2 the ideal each of these installations was to re- any, associated with the transfer of a basic candidate for testing DOD’s new fund- ceive 1,400–1,500 basic trainees from training battalion to Forts Knox, Jackson, ing approach to TRICARE. We should Fort Leonard Wood, approximately one and Sill, respectively. proceed cautiously with this new ap- basic training battalion each. Because the Joint Conference on the FY97 proach, as we endeavor to improve Mr. INHOFE. Mr. President, I ask DOD Authorization is likely to conclude by the end of next month, we need to receive TRICARE. In this light, I would urge that a copy of a letter from myself and DOD to consider developing bench- your report not later than July 20, 1996. Senator NICKLES to GAO dated 20 June Please direct any questions to John Luddy of marks by testing alternative methods 1996 be printed in the RECORD at this Senator Inhofe’s staff, at 202–224–1390. Thank of financing in region 2 in its current point. you very much for your prompt consider- environment without a managed care There being no objection, the letter ation of this matter. support contract, and I will work to- was ordered to be printed in the Sincerely, ward this outcome in conference. RECORD, as follows: JAMES M. INHOFE, Mr. COHEN. Mr. President, I too sup- U.S. Senator. U.S. SENATE, port the intent of the subcommittee DON NICKLES, Washington, DC, June 20, 1996. U.S. Senator. language. DOD’s alternative financing Mr. RICHARD DAVIS, methods for the TRICARE Program Director, National Security Analysis, National Mr. INHOFE. Mr. President, would may have significant merit, however, I Security and International Affairs Divi- the chairman support my request that also share Senator WARNER’s concerns sions, U.S. General Accounting Office, the General Accounting Office review that this new concept be fully tested Washington, DC. this project, including the questions I and developed before it is implemented. DEAR MR. DAVIS: The 1995 Defense Base have raised in this letter, and report Closure and Realignment Commission’s Region 2 is obviously the most experi- back to this committee and to the (BRAC) recommendations to close Ft. House National Security Committee enced and therefore the best qualified McClellan, AL and move its Military Police region to operate this test and I sup- (MP) and Chemical Schools to Ft. Leonard within 30 days? port Senator WARNER’s recommenda- Wood, MO, was based on the Defense Depart- Mr. MCCAIN. Like my colleague on tion. ment’s recommendation that basic training the Armed Services Committee, I am a BRAC MILITARY CONSTRUCTION OF UNACCOM- activities at Ft. Leonard Wood be moved firm supporter of the BRAC process, PANIED ENLISTED HOUSING AT FT. LEONARD elsewhere in order to make room for the ad- and I am concerned that the Army’s WOOD, MO ditional personnel and activities associated recommendations to the Commission Mr. INHOFE. Mr. Chairman, when with MP and Chemical training. may have caused it to make a decision the 1995 Base Realignment and Closure Subsequent to the adoption of the BRAC 95 based on false assumptions. I am par- recommendations, the Army changed its po- Commission [BRAC] recommended clo- sition and has now opted to keep basic train- ticularly troubled that American tax- sure of Fort McClellan, AL, and reloca- ing at Ft. Leonard Wood. Specifically, at the payers may be paying for unnecessary tion of Fort McClellan’s Military Po- time of the BRAC decision, it was the military housing when, as my col- lice and Chemical Schools to Fort Army’s stated intention to close out basic league and the Department itself has S6984 CONGRESSIONAL RECORD — SENATE June 26, 1996 indicated, there is similar housing mittee initiative establishes a working I might point out to the distin- available at other installations. I group of military and industry rep- guished chairman that these projects would urge the chairman to lend his resentatives to develop an alternative have wide support elsewhere in Con- support to this inquiry. pilot program and requires the Govern- gress. The Senate Committee on Ap- Mr. THURMOND. I thank the Sen- ment Accounting Office to review this propriations’ fiscal year 1997 military ators for bringing this matter to my revised plan. construction appropriations bill directs attention, and I also appreciate Sen- Mr. BOND. I also share Senator STE- that not less than $1,695,000 be made ator MCCAIN’s interest. I support this VENS’ concerns about the Department available for design of these projects inquiry and would add that it is the of Defense proposal to reengineer the from the ‘‘Military Construction, Air committee’s desire to receive a report personal property program and its as- Force’’ account. Moreover, the House from GAO within 30 days specifically to sociated impact on the small business National Security Committee’s fiscal allow us to resolve this matter to our community. While I support the De- year 1997 Defense authorization bill satisfaction prior to conference and partment’s goals of improving the ‘‘directs the Secretary of the Air Force final passage of the fiscal year 1997 quality of personal property shipment [to] conduct planning and design ac- DOD authorization bill. and storage services to members of the tivities for the following projects: Mr. INHOFE. May I ask of the Armed military and their families, it should $288,000 for a physical fitness training Services Committee chairman and the not be done at the expense of the small center at Vance Air Force Base, OK; Readiness Subcommittee chairman, re- businesses which make up most of the and $512,000 for a consolidated logistics spectively, if they will agree to con- moving industry. complex at Vance Air Force Base, OK.’’ sider modifying or eliminating this Mr. THURMOND. Thank you very Finally, the House Appropriations project during the joint conference on much for your comments regarding Military Construction Subcommittee’s the fiscal year 1997 Department of De- this initiative. We included this provi- markup of the fiscal year 1997 appro- fense authorization bill, if the GAO’s sion because of concerns about how priations bill directs the Air Force ‘‘to conclusions indicate that doing so this reengineering proposal would report to the committee on the need would be in the best interest of the cause a major restructuring of the for these projects and its plans for con- American taxpayer? moving industry. As you know, the ma- struction by September 16, 1996.’’ Mr. THURMOND. I assure the Sen- jority of movers in the communities Can the Chairman assure me that he ator from Oklahoma that I will support near our military bases are small busi- will work with me to ask the Air Force such actions if warranted by the con- nesses. My primary goal is to improve to consider identifying funds for re- clusions of General Accounting Office the quality of service that service programming in the coming months for report. members and their families receive planning and design purposes for these when they move. Mr. MCCAIN. I concur with Senator projects, which are so crucial to the fu- Mr. STEVENS. I support reforming THURMOND. I will look carefully at the ture of Vance Air Force Base? the current system to improve the results of the GAO study before agree- Mr. THURMOND. I can assure my quality of service and achieve cost re- ing to fund this project. colleague that I will work with him to ductions. However, I believe that the Mr. BOND. Mr. President, the subject urge the Air Force to consider identify- moving industry needs to participate of Senator INHOFE’s GAO request will ing sufficient funds through re- in these discussions in a meaningful be the unaccompanied noncommis- programming to meet the planning and way. I believe that the fiscal year 1997 sioned officers barracks. This project design requirements for the three Defense authorization language will fa- was planned, programmed, and funded projects you have identified at Vance cilitate that process. to house NCO’s who will come to Fort Mr. BOND. I agree that reforming the Air Force Base. I would also urge the Leonard Wood as a result of the BRAC current system can lead to improve- Department of the Air Force to reex- decision to move the chemical warfare ment of service to our military mem- amine these projects for inclusion in training school and military police bers and their families and a reduction the 1997–2001 FYDP and subsequently school to Fort Leonard Wood from Fort in costs to the Government. I am sure the fiscal year 1998 budget request. I McClellan which is scheduled to close. that the reforms to the Military Traf- am fully aware of the unique nature of Current barracks space at FLW is de- fic Management Command’s personnel Vance Air Force Base operations and signed for basic training students liv- property reeningeering program as in- applaud their continued efforts in ing four to a room with gang latrines— stituted by the Senate Armed Services achieving taxpayer savings through ef- not for senior NCO’s. Committee will ensure that our mili- ficient training of our Nation’s future Any connection between the new bar- tary enjoys flexible, rapid, and effi- aviators. racks and the totally separate issue of cient service as can only be found in a QUADRENNIAL DEFENSE REVIEW basic training housing is irrelevant competitive environment. Mr. BOND. Mr. President, along with since the BRAC was aware of the need f Senator FORD as cochairman of the Na- for the new barracks when it made its tional Guard Caucus. I rise to address decision. VANCE AFB MILITARY my concerns over the amendment to Even if there were space to renovate CONSTRUCTION PROGRAM provide for a quadrennial defense re- current barracks rather than build new Mr. INHOFE. Mr. President, Vance view and the independent assessment barracks, the Corps of Engineers has Air Force Base continues to be the pre- of alternative force structures for the already studied that option and deemed eminent pilot training base within the Armed Forces. the extensive renovations required Department of the Air Force. Unfortu- While I applaud and appreciate the would not be cost effective. nately, the Department of the Air specific inclusion of the Reserve and The result of this report for all its Force has historically underfunded this National Guard components in the re- good intentions will be to subvert the installation in its military construc- view. I would be remiss if I did not decision of the BRAC Commission and tion request. I have brought to your at- raise my concerns over the qualifica- will set an unacceptable precedent. tention three projects which will assist tions of the independent members of MILITARY TRAFFIC MANAGEMENT COMMAND’S Vance in meeting its infrastructure the National Defense Panel. I believe PERSONAL PROPERTY REENGINEERING PROGRAM needs in the future. These projects in- that for the panel to be truly independ- Mr. STEVENS. Mr. President, I ap- clude a base engineering complex, a ent it must be diverse and must include plaud the efforts of the Senate Armed consolidated logistics complex, and a collectively, members knowledgeable Services Committee to reform the Mili- project to add to and alter the Physical in all components of the Nation’s tary Traffic Management Command’s Fitness Training Center. It is my belief Armed Forces. personal property reengineering pro- that planning and design funds for I am concerned because of historical gram. I am concerned that MTMC’s these projects, if identified, will allow precedent set by the makeup of prior plan does not adequately address the the Department of the Air Force and panels when composed of Secretariat concerns of the small moving compa- Air Education and Training Command designees. It is my understanding that nies, which comprise most of the indus- to consider these projects for inclusion when the Commission on Roles and try. The Senate Armed Services Com- in the fiscal year 1998 budget request. Missions initially conducted its work, June 26, 1996 CONGRESSIONAL RECORD — SENATE S6985 there was no one with specific back- During the course of hearings held on addition, my amendment ensures we ground expertise in National Guard is- this topic, significant questions were will have a realistic view of that liabil- sues. raised regarding the Department of En- ity by forcing the folks conducting the Mr. THURMOND. That is correct. ergy’s liability for natural resource study to use the same program param- Mr. FORD. Mr. President, if I may, I damages at its Superfund sites. During eters that the private sector has been remember that incident very clearly testimony at a hearing in 1995, a De- dealing with. This is the only fair way and as the ranking member of the partment official speculated that the to calculate the Department’s liability. Armed Services Committee will re- Department’s liability could be in the Again, I want to thank the Chairman member, in the endgame of that Com- hundreds of billions of dollars. It has and Ranking Member, and I want to mission’s work, the Secretary did fi- been reported that he termed the De- thank my colleagues in the Senate for nally appoint a member with National partment’s liability for natural re- passing this important amendment. Guard expertise but it was well after source damages the sleeping giant of Mr. NUNN addressed the Chair. the bulk of the work had been com- Superfund. However, during a follow-up The PRESIDING OFFICER. The Sen- pleted. hearing in April of this year the De- ator from Georgia is recognized. Mr. NUNN. The Senator is correct. partment changed its tune. When asked Mr. NUNN. Mr. President, if I can Mr. FORD. The Senate from Missouri about earlier statements, the same De- just report from this side of the aisle to and I want the Secretary of Defense be partment official who had a year ear- our colleagues, we had a very produc- aware of the National Guard Caucus’ lier called natural resource damages a tive day today because we stayed on grave concerns and urge you to ensure serious problem produced a study by the defense bill. We, basically, handled that this independent review team be the Council on Environmental Quality amendments on the defense bill all day truly balanced. that claimed these damages are a except for one amendment, which was Mr. NUNN. I assure the Senator that ‘‘minor problem.’’ While the timing of worked out and was unanimously I am aware of his concerns and will the release of the study was obviously agreed to on a rollcall vote on a very keep them in mind as we deliberate circumspect, it became increasingly important matter. with the Secretary of Defense. clear that the contents of the study If we can do that tomorrow, we have Mr. BOND. Mr. President, I ask the were equally so. a good chance of finishing this bill to- Chairman, to be resolute in his insist- The CEQ study estimated the Depart- morrow night. If we do not finish it to- ence that at least one member of the ment of Energy’s NRD liability at be- morrow night, we can finish it on Fri- panel have a recognized understanding tween $200 and $500 million. In the day. If we get back on amendments not of National Guard functions when con- meantime, GAO has also been conduct- related or relevant to the defense bill, sulting with the Secretary of Defense ing its own study of Department liabil- then we will be—I understand the ma- on the composition of the panel and I ity and their preliminary results put jority leader has to speak to this—we will be on this bill for a long time, and and Senator FORD would be more than the estimate at between two and $15 willing to lend any assistance the billion. Mr. President, you can see why it will be up to the majority when we Chairman and the ranking member this issue has raised so many ques- complete this bill. We have 35 amendments we have might require during those consulta- tions. We have a Department of Energy worked out. We have accepted 27 al- tions. official estimating liability in the hun- ready. We have 7 or 8 more we will be Mr. THURMOND. I want to thank the dreds of billions of dollars, then his su- able to work out tonight. The minority senior Senator from Missouri for rais- periors in the White House overruling leader on this side has done a lot of ing his concerns on this matter. The him and painting the problem as work, working with us, and Senator Senator has always been a stalwart minor, and finally a GAO study which DORGAN and Senator FORD have led the supporter of Guard interests and the will come down somewhere in the mid- effort to get our list of amendments on points he raises with the senior Sen- dle. ator from Kentucky are compelling. I I find this all rather troubling, Mr. the Democratic side down as low as we assure the Senators that I will insist President, and frankly it seems like can. We are working on that now. Many of these amendments, I think, that the concerns of the National this situation has created more ques- can be worked out. We have two or Guard will be adequately represented tions than when we began. There are three more major hurdles that we have in the review panel. several aspects of CEQ’s study that I to get over to give us a clear sailing to find remarkable to say the least. I un- DEPARTMENT OF ENERGY LIABILITY FOR finishing this bill, but those matters NATURAL RESOURCE DAMAGES derstand CEQ is currently modifying are being worked on, and I think they Mr. THOMAS. Mr. President, I am their first study and will shortly issue have a good chance, a reasonable pleased that earlier today the Senate a corrected study, but fundamental chance, of being worked out sometime approved my amendment to S. 1745, the questions about their assumptions re- tomorrow so we can conclude this bill. Department of Defense authorization main. It is my intention, as chairman That is the report from our side of bill, dealing with the Department of of the Senate Energy and Natural Re- the aisle. I know the chairman of the Energy’s liability for damages to natu- sources Subcommittee on Oversight, to committee will have some thoughts on ral resources with respect to Federal hold a hearing later this summer to ad- his side of the aisle. Superfund sites. I want to thank Chair- dress some of these questions. But Mr. THURMOND. Mr. President, I man THURMOND and Ranking Member what I find most troubling of all, Mr. commend the Members of the Senate NUNN and their respective staffs for President, is that the Department of and thank them for the progress that working with me to ensure the passage Energy has not undertaken their own we have made today. of this amendment. study of this issue. The Department of Mr. ROCKEFELLER. May we have My amendment requires the Depart- Energy is the single biggest responsible order? There are at least 12 conversa- ment of Energy to conduct a study of party at Superfund sites in the Nation. tions taking place. the Department’s natural resource That means the taxpayers of this coun- The PRESIDING OFFICER. The damages liability at its Superfund sites try are on the hook for the biggest Chair hears the request of the Senator and report back to the appropriate piece of liability at Superfund sites. from West Virginia. The Senate is not committees of Congress 90 days after Yet the Department has not done one in order. The Senate will be in order enactment of this bill. This is an issue study to determine what their liability before we proceed. of great importance and one that has might be in the second phase of The Senator from South Carolina. been surrounded by uncertainty. Since superfund liability—the lurking, sleep- Mr. THURMOND. Again, I thank the the beginning of the 104th Congress, ing giant that is only now awakening— Members of the Senate for the progress the Environment and Public Works natural resource damages liability. My we have made today. If we can just Committee, under the leadership of amendment corrects that incredible avoid amendments that are not related Subcommittee Chairman SMITH and oversight in the hope that we can have to defense, we can finish this bill by to- Committee Chairman CHAFEE, has been an accurate estimate, done by those morrow night. If we work hard, stay on working tirelessly to bring much-need- with the most knowledge about the na- the job, be here and take up the amend- ed reform to the Superfund Program. ture of this complicated situation. In ments—I am anxious for us to get S6986 CONGRESSIONAL RECORD — SENATE June 26, 1996 through this bill tomorrow night if plain to my colleagues. I know even joint operations, joint staff, and joint possible. The majority leader wants many people who are not on the com- duty. I suppose that is how this works this bill finished by tomorrow night. mittee may know the issue. But I want its way into the committee report. But So I ask for the cooperation of all the to raise the issue with the committee it seems to me that that should not Senators. Let us work together and get of why this legislation provides for 12 constitute a license to expand joint through this bill and not have to be additional Marine generals when the headquarters staff when force structure here over the weekend. Marines are very much in a downsized is shrinking, shrinking by 25,000 ma- Mr. LOTT addressed the Chair. mode. rines. In fact, joint headquarters The PRESIDING OFFICER. The ma- This deals with what is called section should replace duplicative service jority leader is recognized. 405. Section 405 would increase the headquarters. If the Marines need more Mr. LOTT. Mr. President, I certainly number of general officers on active generals in joint billets, then they share the concern and the attitude of duty in the Marine Corps. If enacted, it should reduce the number assigned to the chairman and the ranking member. would increase the number of generals Marine headquarters. They are working hard to deal with in the Marine Corps from 68 to 80. That The report language makes it clear these amendments. I hope work is is 12 more Marine generals. that the extra generals are not needed being done very seriously now to iden- I think it is legitimate to ask why for combat jobs. Instead, they are need- tify a finite list of amendments. does the Marine Corps need an extra 12 ed for bureaucratic in-fighting in the I want to say, again, so everybody generals when it is downsizing? In 1987, Pentagon budget wars. Those are my will know, the intent here is that we Marine end strength was at 199,000. At words. I suppose the people that write are going to finish the DOD authoriza- that time the Marine Corps had 70 gen- the reports are going to take exception tion bill this week. That could mean erals; 199,000 marines, 70 generals. to that explanation on my part. But not only Thursday night, it could mean As the Marine Corps began when you talk about more people need- Friday, it could mean Friday night downsizing, the number of generals ed at the Navy/Secretariat level, to and, if necessary, it could mean Satur- dropped slightly by 2 in 1991 to 68. But make the points of view for the Ma- day. Marine end strength continued a grad- rines, that is the way I read it. I want to be very much sympathetic ual decline until last year it leveled off I suppose it also sounds like the Ma- to Members’ desires to be with their at 174,000. We used to have 70 generals, rines want to be topheavy with rank, families at night and certainly during 199,000 marines. Today, we have 68 gen- just like the other services, like the the recess, but in order for the leader erals, 174,000 marines, a reduction of Navy, for example. The Navy is ap- to be able to do that, I have to have the 25,000 since the late 1980’s. proaching the point where it has one Despite this drop in end strength, the cooperation of Members on both sides admiral for every ship. I suppose, to be number of generals stayed right at 68 of the aisle. more accurate, I should say 1.67 ships until right now. If this bill becomes This is very important legislation, per admiral. the Department of Defense authoriza- law, section 405, the number heads The Navy got the job done with 20 tion bill. So I am asking Members, help north again. Why? I really do not un- ships per admiral in World War II. If we work with the leadership to get this derstand. I hope somebody can explain apply the World War II ratio to today’s bill done. We need to get it done so we it. Why do 25,000 fewer marines need 12 fleets, the Navy should have no more can move on to the DOD appropriations more generals giving them orders? than 20 admirals to get the job done. I suppose somebody could say that a bill and the military construction ap- But the Navy has 218 admirals. propriations bill, so we can get our possible explanation would be what is The proponents of section 405 might work done. on page 279 of the committee report. I also suggest that technology creates a It can be done tomorrow night, but if will quote: need for more generals. That is pos- it takes going over to Friday, we have This increase is intended to permit the Ma- sible. But the reverse is also possible. no option but to do that. I know the rine Corps to have greater representation at the general officer level on the Department Technology could reduce the need for chairman and ranking member will do of the Navy/Secretariat staff and in the joint so many generals and admirals. that. Expect us to be here Friday and arena. As a general rule, the Committee is I would like to have you take C voting in order to complete it. reluctant to act on independent service re- CUBED-I, for example. This is the com- We are going to keep moving ahead. quests of this nature * * * mand, control, communications and in- We always want to try to be reason- So this explanation is given in the telligence. This bill contains billions of able. Tonight, the intent will be to committee report. I repeat, in the way dollars for C CUBED-I. C CUBED-I have Senator NUNN lay down his of emphasizing, the additional 12 would gives the top generals and admirals the amendment and have debate tonight, ‘‘permit the Marine Corps to have capability to run the battles from the and the vote would occur in the morn- greater representation at the general Pentagon. It gives them the ability to ing at 9:30. officer level on the Department of the communicate directly down to the So there will be no more recorded Navy/Secretariat staff and in the joint smallest unit, the smallest unit operat- votes tonight, but we are going to keep arena.’’ ing anywhere in the world. pushing ahead on this bill until we can I suppose the second possible expla- I do not expect you to take the judg- get an agreed-to list of amendments, nation might be that the committee ment of the Senator from Iowa on that. until we can get them resolved. would say that technology has changed But it seems to me, if you read Colin With that, Mr. President, I yield the and the nature of warfare has changed Powell’s book, ‘‘My American Jour- floor, so we can proceed with the and more generals are needed to run ney,’’ you can see how he did it. If he amendment. the battles. I suppose they could also did it just a few short years ago, we Mr. GRASSLEY addressed the Chair. say the Goldwater-Nickles Act is the ought to be able to do it. The PRESIDING OFFICER. The Sen- culprit and requires it. Those are pos- So C CUBED-I technology could re- ator from Iowa. sible explanations. One of them, obvi- duce the need for having so many ad- Mr. GRASSLEY. We are not in a ously, is somewhat of an explanation mirals at sea with the fleet. It could re- quorum call, Mr. President? being in the committee report. duce the need for having so many gen- The PRESIDING OFFICER. The But let me suggest this, that when erals forward deployed with the fleet Chair recognizes the Senator from you figure that war is conducted on the Marine force. Iowa. battlefield—and that is where the lives So, Mr. President, I do not under- MARINE GENERALS are going to be put in danger—it seems stand or see the need for the increase Mr. GRASSLEY. Mr. President, I am to me, the extent to which we need 12 in the number of generals provided for not going to offer an amendment, but I more generals ought to be related to in section 405. The number of generals do want to discuss, while there are still the number of people that are going to should be decreased as the Marine leaders of the committee, both Repub- be fighting and potentially shedding Corps gets smaller, as I said, down lican and Democrat, on the floor, a their blood. from 199,000 to 174,000 today. Yet we are very important issue, as far as I am In regard to the Goldwater-Nichols going to increase the number of ma- concerned. It may be very easy to ex- Act, it did place special emphasis upon rines, potentially, from 68 to 80. June 26, 1996 CONGRESSIONAL RECORD — SENATE S6987 Now, again, you may not want to be- not be growing as the force shrinks.’’ Mr. NUNN. Mr. President, I ask lieve Colin Powell in his book, ‘‘My And when it does, he says, ‘‘The growth unanimous consent that the pending American Journey,’’ you may not want of headquarters staff jobs is threaten- amendment temporarily be laid aside, to listen to the Senator from Iowa, but ing the military’s war-fighting capabil- and I send to the desk an amendment. maybe you would like to listen to a ity.’’ The PRESIDING OFFICER. The marine general, John Sheehan, com- I hope my colleagues on this floor clerk will report. mander in chief of the U.S. Atlantic who, out of their heart and probably The assistant legislative clerk read Command. I quoted him very exten- even out of their intellect, firmly be- as follows: sively on some debate last week. I lieve and so state on the floor of this The Senator from Georgia [Mr. NUNN], for quoted him when I was trying to make body that we do not have enough himself, Mr. LUGAR, Mr. DOMENICI, Mr. my case to freeze defense infrastruc- money for defense—and I may disagree DASCHLE, Mr. BIDEN, Mr. GRAHAM, Mr. ture costs. General Sheehan, Marine with them on that point, but I know LIEBERMAN, and Mr. SPECTER, proposes an Corps general, argues that, ‘‘Head- my colleagues who say that sincerely amendment numbered 4349. quarters should not be growing as the believe it—if they do believe it, and we Mr. LOTT. Mr. President, I ask unan- force shrinks.’’ Could I repeat that. We have a defense dollar that is so terribly imous consent that reading of the have a Marine Corps general saying squeezed, why we are adding this num- amendment be dispensed with. that ‘‘headquarters should not be grow- ber of personnel at the highest ranks of The PRESIDING OFFICER. Without ing as the force shrinks.’’ the marines at the same time the ma- objection, it is so ordered. The force is shrinking, from 199,000 to rine force is shrinking. (The text of the amendment is print- 174,000. That is a fact of life already. I yield the floor. ed in today’s RECORD under ‘‘Amend- The number of marine generals is sug- Mr. WARNER. Mr. President, I will ments Submitted.’’) gested to increase from 68 to 80. The have the opportunity to study in some f detail the comments of my distin- possible explanation in the committee UNANIMOUS-CONSENT AGREEMENT report—need more generals at the guished colleague. I am not prepared at Navy Secretary level, so the marines this time to respond to the detailed Mr. LOTT. Mr. President, I now ask have more of a voice at the higher statement that he made, but I think it unanimous consent that the agreement echelons of decisionmaking. General is very worthy of having a response. I reached yesterday be further modified Sheehan, a marine general, same will make certain tomorrow that I will to reflect that there be no small busi- branch of the military, as we are in- address the issues. ness tax amendments offered by the creasing the number of marines, com- I know first and foremost that comes two leaders in order and all remaining mander of Atlantic forces, General to mind, having served in the Navy provisions in the agreement still in Sheehan hits the nail right on the head Secretariat and dealt with the flag, place. when he says, ‘‘The growth in head- promotions, and the need for flag offi- The PRESIDING OFFICER. Without quarters staff jobs is threatening the cers, and listening to the Senator hark- objection, it is so ordered. military’s war-fighting capability.’’ He en back to the days of World War II f says that after he said, ‘‘Headquarters when, indeed, an admiral did command ORDERS FOR THURSDAY, JUNE 27, should not be growing as the force a good number of units, what has 1996 shrinks.’’ changed is the joint service arena, re- Surely marines in the U.S. Senate— quiring so many flag officers to partici- Mr. LOTT. Mr. President, so that and I have not served in the military; pate in joint service assignments. That Members will know what the time- I want to make that very clear. I am has made up, in large measure, for the frame is going to be tonight and in the no military hero, as Senator MCCAIN expansion of the numbers of our flag morning, I now ask unanimous consent and a lot of other people in this body, and general officers, particularly in the that when the Senate completes its but I can read. I do not know why any Navy and the Marine Corps. business tonight, it stand in adjourn- marine in this Senate would question However, tomorrow, Senator—your ment until the hour of 8 a.m., Thurs- General Sheehan when he says, ‘‘Head- statement is highly deserving of a day, June 27; further, that immediately quarters should not be growing as the reply—I will present my own views on following the prayer, the Journal of force shrinks.’’ it. proceedings be deemed approved to ‘‘The growth of headquarters staff Mr. GRASSLEY. Mr. President, if I date, that no resolutions come over jobs is threatening the military’s war- could have a moment to respond to the under the rule, that the call of the cal- fighting capability.’’ Senator from Virginia. endar be dispensed with, the morning General Sheehan has identified the Thank you very much for giving it hour be deemed to have expired and the root cause of the problem. He helps me the thought that I know the Senator time for the two leaders reserved for understand why the Department of De- will give it and the explanation the their use later in the day. fense cannot cut infrastructure costs, Senator will give. I would particularly I further ask unanimous consent that as I tried to do a week ago on my like to have the Senator comment, as there be a period of morning business amendment. The growth in head- the Senator thinks about it, on what until the hour of 9:30 a.m., with Sen- quarters staff is being driven by one Marine Corps General Sheehan has said ators permitted to speak for up to 5 powerful force—excess generals and ad- and written about. I have quoted him, minutes each, with the following Sen- mirals searching for a mission. Each but he has also published, as well, in ators in control of the designated time: senior officer needs a place to call one of the defense publications on a Senator MURRAY, 10 minutes; Senator home and to hoist a flag. Every senior longer basis than what I quoted. I DEWINE, for 10 minutes; Senator officer needs a command, a head- think he ought to have considerable LEAHY, from 8:30 until 8:45; Senator quarters, a base, a staff, or a large de- credibility in this area, because he is DORGAN, from 8:45 to 9 o’clock; Senator partment of some kind, somewhere, making the same criticisms. THOMAS, from 9 o’clock to 9:30. someplace. Each general, then, created Second, I am not sure I can be here, Further, at 9:30, the Senate proceed by section 405, will need some new real and I do not have to be here, but if the to resume consideration of the DOD au- estate that is going to cost our tightly Senator will notify me when the Sen- thorization bill, and there be 10 min- written defense budget very much. It is ator will be on the floor to respond, I utes remaining for debate on the Nunn- going to weaken our defense and not would appreciate that. Lugar-Domenici amendment to be provide the national security that it Mr. WARNER. I will acknowledge equally divided in the usual form, and ought to provide. both of those requests, and, indeed, I a vote to occur following the conclu- All of this makes me think, Mr. share the distinguished Senator’s high sion or yielding back of time on the President, that this new section 405, in- regard for General Sheehan. Nunn-Lugar-Domenici amendment, creasing the number of generals from AMENDMENT NO. 4349 with no second-degree amendments in 68 to 80, may not be such a hot idea, (Purpose: To take measures to protect the order to that amendment. particularly when Marine General John security of the United States from prolifera- The PRESIDING OFFICER. Without Sheehan says, ‘‘Headquarters should tion and use of weapons of mass destruction) objection, it is so ordered. S6988 CONGRESSIONAL RECORD — SENATE June 26, 1996 Further, I ask that following the I have grave concerns about increas- threat reduction activities, for which vote on the Nunn amendment the Sen- ing the funding for DOD and DOE’s co- there are no appropriations. ate proceed to a cloture vote with re- operative threat reduction programs, Lastly, I would ask, is it wise for the spect to the DOD authorization bill as well as expanding the scope of the United States to provide this type of with the mandatory quorum waived. programs in DOD and DOE. assistance to Russia, while it continues The PRESIDING OFFICER. Without Based on my review of the amend- to build SS–25’s; continues to transfer objection, it is so ordered. ment and the new activities authorized nuclear technology and knowledge to f by this amendment, DOD and DOE will Iran and China? require significant funding authority Mr. President, in closing, I want to PROGRAM in the outyears to complete these pro- re-emphasize my support for the efforts Mr. LOTT. Mr. President, for the in- grams. of the sponsors to provide assistance to formation of all Senators, there will be For example, how much money are State and local authorities to respond a vote, then, on the Nunn-Lugar-Do- we talking about in the defense bill to to domestic terrorist use of WMD. I menici amendment, to be followed, if complete the program to replace the hope that we can increase the funding necessary, by a vote on a motion to in- reactor cores at Tomsk 7 and for this assistance in the conference. voke cloture, beginning at 9:40 a.m. to- Krasnoyarsk 26? Mr. President, I yield the floor. morrow morning. The cloture vote may How much money will it take to con- Mr. WARNER. Mr. President, I wish be vitiated if a reasonable list of vert, or eliminate, the chemical and bi- to commend the distinguished chair- amendments can be reached. However, ological facilities in all the independ- man of the Armed Services Committee. if the cloture vote occurs, and it is in- ent states of the former Soviet Union? I particularly thank him for the ref- voked, it is hoped that the Senate will We have not received any informa- erences to the work he and I and others complete action on the defense bill in a tion from DOD, DOE, or the National on the committee have done in pre- timely manner. If cloture is not in- Security Council on the budgetary im- vious years, which, in some respects, voked, Senators who have amendments pact of the increases for these two pro- laid a modest foundation for the impor- are encouraged to offer those amend- grams, or whether funds will be in- tant additions that are presented in ments during Thursday’s session to en- cluded in the future years defense plan the amendment soon to be submitted able the Senate to complete action on for this program, as well as DOE plan. by the senior Senator from Georgia. the bill this week. I would point out that none of the However, I share with the chairman As I said earlier, if we do not get it funds necessary for the increases in the views that I have, which coincide done tomorrow night, we will go into this amendment have been appro- with his, regarding these expenditures Friday, and beyond that, if necessary. priated. at this particular time. And in the Rollcall votes will occur throughout Mr. President, I believe the efforts of course of the deliberation on this tomorrow’s session. the sponsors of this amendment are amendment, I shall address specific Mr. FORD. Will the Senator yield? laudable. I do not question whether its questions to the Senator from Georgia, Mr. LOTT. I yield the floor. appropriate, or not, to conduct these the Senator from New Mexico and, in- Mr. FORD. Regarding the time allot- programs. I question whether its appro- deed, the Senator from Indiana on the ted to Senator DORGAN from 8:45 to priate for the funds to come out of the points the chairman has raised. 9:00, would you kindly change that to defense budget for these foreign assist- Mr. NUNN. Mr. President, I first be Senator BRADLEY? ance programs. thank the chairman of the committee, Mr. LOTT. I am glad to amend the I would also point out that DOE has as well as Senator WARNER, for their unanimous consent request agreement not even spent the funds authorized for support of this amendment. I am to that effect, if Senator DORGAN it currently in the materials, protec- pleased that we are able to present it agrees with that. tion, control and accountability ac- this evening and that we are likely to Mr. FORD. Yes. count. The same is true for funds in The PRESIDING OFFICER. Without get a vote on it tomorrow. DOD’s program. Although DOD has objection, it is so ordered. Mr. President, this amendment deals Mr. LOTT. Mr. President, I yield the done a better job at proposing to obli- with one of the most urgent national floor. gate funds. security problems America faces today. Clearly, with the recent terrorist f That is the threat of attack on Amer- events at the World Trade Center, in ican cities and towns by terrorists, NATIONAL DEFENSE AUTHORIZA- Oklahoma City, and in the Tokyo sub- malcontents, or representatives of hos- TION ACT FOR FISCAL YEAR 1997 way, we need to provide assistance to tile powers using radiological, chemi- The Senate continued with the con- our State and local authorities to pre- cal, biological, or nuclear weapons. sideration of the bill. pare them to provide emergency assist- Mr. President, because Senator Mr. NUNN. Mr. President, in just a ance, in the event a domestic terrorist LUGAR is on the floor, Senator DOMEN- moment, Senator LUGAR, myself, and WMD incident occurs. ICI is on the floor, and my statement Senator DOMENICI will explain this I think that we should provide more will probably run 15 to 20 minutes, I amendment. I know the chairman of in the way of establishing this particu- ask to be notified in 10 minutes, and the committee would like to make lar program, and providing a regional then I intend to yield and complete my some comments on the amendment. NBC emergency stockpile. statement after they have made their At this point, I will yield the floor I want to commend the senior Sen- remarks. for whatever the chairman is prepared ator from Virginia, Senator WARNER, If the Chair could notify me when 10 to say. for the work that he has done through- minutes expires. The PRESIDING OFFICER. The Sen- out the years to ensure that DOD, DOE The PRESIDING OFFICER. The ator from South Carolina is recognized. and the intelligence community are Chair will do so. Mr. THURMOND. Mr. President, I conducting activities to prevent or Mr. NUNN. This threat is very dif- rise in support of the amendment of- combat the proliferation of weapons of ferent from the threat of nuclear anni- fered by the Senators from Georgia, mass destruction. I also want to com- hilation with which our Nation and the New Mexico, and Indiana, to authorize mend him for his work in authoring world has dealt during the cold war. the establishment of an emergency as- the provisions in the last two defense During the cold war, both we and the sistance program to train and equip bills that provided the authority for Soviet Union recognized that either State and local authorities to respond DOD to provide emergency assistance side could destroy the other within to domestic terrorist use of weapons of to State and local authorities in the about an hour, but only at the price of mass destruction. event of a domestic terrorist WMD in- its own destruction. The amendment would also expand cident. In the course of carrying out that authorities for the DOD and DOE coop- I want to work with my colleagues, mutual assured destruction, most of erative threat reduction programs, as however, I want to emphasize my con- the rest of the civilized world would well as increase the funding for these cerns about increasing funds in the have been destroyed, in greater or less- programs. DOD and DOE budget for cooperative er degree, as well. Today, this kind of June 26, 1996 CONGRESSIONAL RECORD — SENATE S6989 cataclysmic threat is greatly reduced. should have been a warning bell for In recent years, several modest test And if we are able to continue to im- America. Prior to those attacks, this exercises have been held. In one large plement START I and START II Trea- Aum Shrinkiyo sect that made this at- exercise, the first hundred or so emer- ties on both sides, reducing the number tack was unknown to the United States gency response personnel—police, fire- of warheads dramatically, it will be re- intelligence and was poorly monitored men, medical personnel—arriving at duced further. by Japanese authorities. The Aum the scene of the mock simulated disas- Tragically, the end of the cold war, Shrinkiyo sect actually conducted sev- ter rushed headlong into the emer- however, has not brought peace and eral test releases of lethal chemicals gency scene and were promptly de- stability, but rather has seemingly un- prior to the subway attack. Yet, their clared dead by the referees. In other leashed countless small bloody wars capacity to manufacture and store words, the people who came to the res- around the globe. The end of the cold those chemicals was unknown to Japa- cue were among the first victims. war also encouraged a number of states nese authorities, this in spite of the In the second exercise, featuring both that are hostile to the United States to fact that they had over 50,000 members chemical and biological weapons, con- try to acquire weapons of mass de- in Russia. They were recruiting nu- taminated casualties brought to the struction and appropriate delivery clear scientists. They owned a radio nearest hospital were handled so care- means as an adjunct to their conven- station in Vladivostok and tested sarin lessly by hospital personnel that with- tional military forces. They are moti- gas in Australia against sheep. In addi- in hours most of the staff were judged vated by two beliefs. One is that the tion to many other things they have to have been killed or incapacitated by possession of such weapons of mass de- done, they were not on the radar spreading contamination. struction will advance regional status screen. Mr. President, my purpose is not to and power relative to neighboring and We received an even louder warning frighten the American people; it is to often rival states. Second is that they bell in the World Trade Center bomb- persuade the Congress and the Amer- believe possession of weapons of mass ing which brought it home to America. ican people that we face a new and se- destruction, coupled with the threat to It was here in the United States, not vere national security threat for which use them, can both deter superpower halfway around the world. The trial all governments at all levels are woe- states from interfering in regional con- judge, at the sentencing of those re- fully inadequately prepared. We must flicts and blackmail them into favor- sponsible in that terrible terrorist inci- begin now to prepare what surely able courses of action. dent, pointed to several factors that threatens us already. To do this effec- While here I am not speaking of nu- could have made the tragedy far worse. tively requires three things. clear weapons, I am including that. In First, in an effort to get that tower First, it requires taking the expertise many of these countries, probably a to fall down over its twin tower next that has been built up over the years in both the Department of Defense and greater threat is the chemical and bio- door, the killers wanted to park the Department of Energy by successive logical proliferation we now see going truck in front of a key structural mem- defense budgets and making that ex- on. ber of the outer corner of the building. pertise available—and rapidly avail- Finally, Mr. President, fanatics, But they could not find an empty park- able—to Federal, State, and local small disaffected groups and sub- ing space. So they went elsewhere. national factions or movements who Second, the killers had access to emergency preparedness and emer- gency response teams. hold various grievances against govern- chemicals to make lethal cyanide gas The Department of Defense and the ments, or against society, all have in- and, according to the judge, probably Department of Energy need to bring creasing access to, and knowledge put them into the truck bomb. Fortu- training to the other officials in our about the construction of, weapons of nately, the chemicals appeared to have State, local, and Federal Government mass destruction. Such individuals and been vaporized by the force of the in the detection, recognition, contain- groups are not likely to be deterred blast. Otherwise, the smoke and fumes ment, and treatment of acute crises from using weapons of mass destruc- that were drawn into and up through arising from the use of some form of tion by the classical threat of over- the tower would have been far more le- weapon of mass destruction to those on whelming retaliation. thal. the front lines in our major metropoli- In many past instances of terrorism, So, Mr. President, in all likelihood, it tan areas. we have not even known who the per- is very likely that the United States DOD and DOE need to train them in petrators were or where they were has already had, without really focus- the use of detection equipment and in based. It is very hard to threaten retal- ing on it, our first chemical attack by the use of protective gear to avoid be- iation when you do not know who did it terrorists. That is the World Trade coming casualties themselves. DOD or where they came from or where they Center bombing. Fortunately, those needs to train emergency medical per- were based. These groups are not de- chemicals did not activate. sonnel in the appropriate treatment, terred by the threat of a nuclear Mr. President, we had a third warn- for triage, and the administration of counterstrike. A national missile de- ing bell in the bombing of the Alfred P. antibiotics. fense system, no matter how capable, Murrah Federal Building in Oklahoma There is much to do, and doing it will is sometimes and often irrelevant to City. This showed yet again the ease of require DOD and DOE funding. There is this kind of terrorism. access to simple, widely available com- simply no other practical source of this The Permanent Subcommittee on In- mercial products that when combined kind of expertise. The time to do it is vestigations, which Senator ROTH can create powerful explosions. This now and not after we suffer a great chairs, and I am the ranking Democrat knowledge, and much more, is avail- tragedy. on that committee, held a series of able today over the Internet for anyone I, like many of my colleagues, be- hearings over the last year on the pro- who wants to tune in. lieve there is a high likelihood that a liferation of weapons of mass destruc- The Department of Defense invested chemical or biological incident will tion. We heard from representatives of billions in the design and protection of take place on American soil in the next the intelligence and law enforcement binary chemical weapons. A binary several years. We do not want to be in communities, the Defense Department, chemical weapon contains two chemi- a posture of demanding to know why private industry, State and local gov- cals, each of which is harmless when we were not prepared. We do not want ernments, academia, as well as foreign used separately, and they are widely a domestic Pearl Harbor. officials. used industrial chemicals. Yet, when This training and equipping function These witnesses described a threat mixed together, they create lethal is the heart of the amendment, but it is that we cannot ignore and which we chemical weapons. You can find lists of not the whole amendment. There are are virtually unprepared to handle. CIA the ingredients needed to make binary other parts of the amendment dealing Director John Deutch, for one, can- weapons on the Internet today. with Customs and dealing with the didly observed that ‘‘we have been Now let me turn to the current state stopping of these weapons of mass de- lucky so far.’’ of our domestic efforts to deal with nu- struction at the source. Mr. President, the release of deadly clear, chemical, biological, or radio- At this point in time, I will reserve sarin gas in the Tokyo subway system logical attack. the remainder of my remarks, and I S6990 CONGRESSIONAL RECORD — SENATE June 26, 1996 yield the floor to my two partners in fensive biological agents, including an- proliferation problem for the United this endeavor, Senator LUGAR and then thrax and botulinum toxin, and tested States as well as the rest of the world. Senator DOMENICI. their dispersal against specific targets If this is a fair description of the na- Mr. WARNER. Mr. President, I won- on at least three occasions between ture of this threat, the prevailing view der if I might ask of the principal spon- 1990 and 1995. that there is today no direct threat to sor and two cosponsors about the avail- The dispersal incidents were at- U.S. national security is dead wrong. It ability of the three to respond to ques- tempts to test the effectiveness on hu- is my view that the risk of a nuclear, tions at an appropriate time this mans of Aum-produced toxins and to chemical, or biological weapon detona- evening. I intend to pose a number of judge whether they could be used as tion on American soil has increased. questions. I am quite anxious to join weapons. Although the cult’s tests While the probability of large-scale nu- with these three distinguished Sen- caused no known casualties, the rel- clear war between the United States ators because I certainly whole- ative ease with which the botulinum and Russia has mercifully decreased heartedly support the domestic por- bacteria and anthrax spores were ob- dramatically, the probability that one, tions of this legislation. But I would tained and the need for only basic sci- or two, or a dozen weapons of mass de- like to ask a question in terms of the entific knowledge to conduct research struction detonate in Russia, or Japan, overseas portion and designs, and I on biological agents suggests either or Europe, or the Middle East, or even wonder if the Senators will be avail- Aum members still at large or other the United States has increased. able. terrorist groups may be more success- However, because this new threat Mr. DOMENICI. I would be available, ful in the future. comes in a form so unfamiliar, indeed, if we do not stay too late. It is pretty We have also learned how close we so radically different from prior experi- tough for me to answer questions if we have come to witnessing acts of terror- ence, and because the instruments and stay too late. ism involving weapons of mass destruc- policies to address it are so unlike the Mr. LUGAR addressed the Chair. tion directed toward the United States. business our White House and national The PRESIDING OFFICER. The Sen- Listen to the words of Judge Duffy in security establishments have pursued ator from Indiana. his sentencing statement before the for decades, the American political Mr. LUGAR. Mr. President, when perpetrators of the World Trade Center leadership, the Congress, and the Chechen rebels placed a 30-pound pack- bombing: American people have great difficulty age of radioactive material in a Mos- The harm actually caused by the World in awakening to this fact. cow park last November, it marked the Trade Center bombing was enormous, but But, let us be clear. Absent a U.S. re- first act of nuclear terrorism in the what is even more frightening is what was sponse to this threat of leakage of post-cold-war era. Although the con- intended by you and your cohorts . . . The weapons and materials of mass destruc- tainer was not equipped with the explo- bomb was big and that’s what you intended, tion that is as focused, serious, and sives needed to disperse the cesium, the but that’s not quite all that was vigorous as America’s cold war strat- intended . . . The evidence clearly indicated Chechens demonstrated a credible ter- egy, Americans may have every reason rorist threat to employ nuclear mate- that you attempted to enhance the destruc- tive force of the (device) . . . If the bomb to anticipate acts of nuclear, chemical, rial attached to explosives as radiologi- had the explosive force that you envisioned, or biological terrorism against Amer- cal dispersion devices in Russia. placed as it was at the base of the north ican targets before this decade is out. The act crossed a new threshold in tower next to a diagonal brace, you might To oversimplify, there are three main terrorism. Demonstrating on Russian have succeeded in your nefarious plot to top- lines of defense against these emerging television the ability to penetrate Mos- ple over the north tower into the south threats: cow’s increased security, Chechen tower just like a pair of dominoes. The first is prevention and this must rebels were now in a position to panic Had that happened, we’d be dealing with entail activities at the source. the Russian public by issuing similar tens of thousands of deaths and billions of The second is deterrence and inter- threats of radiological contaminants. dollars of damage, but death is what you diction and involve efforts to stem the Terrorism was alive and well in an- sought to cause. You had sodium cyanide around, and I’m sure it was in the bomb. flow of illicit trade in these weapons other part of the world at roughly the Thank God the sodium cyanide burned in- and materials of death. same time. The worldwide activities of stead of vaporizing. If the sodium cyanide The third line of defense is crisis and the Japanese Dooms-Day Cult, the had vaporized, it is clear that what would consequence management and involves Aum Shrinkiyo were not on the radar have happened is the cyanide gas would have greater efforts at domestic prepared- screen of United States law enforce- been sucked into the north tower and every- ness. ment and intelligence agencies before body in the north tower would have been As we have explored the weapons ma- the sarin gas attack on the Tokyo sub- killed. terial leakage and proliferation prob- way last March. This is alarming, con- I say to my colleagues: Here we have lem, one point has become increasingly sidering the cult accumulated over $1 three incidents involving materials and clear. If the United States is to have billion in assets and established offices weapons of mass destruction—in Rus- any chance of stopping the detonation in six countries on four continents. sia, in Japan, and in the United States. of a weapon of mass destruction on our Cult members actively recruited sci- The fact that the destruction wrought soil, prevention must start at the entists and technical experts in Japan, by the attempted use of these mate- source, the weapons and materials de- Russia, and elsewhere in order to de- rials was not more massive owes more pots and research institutions in the velop weapons of mass destruction. to luck or accident than to prevention, former Soviet Union. They succeeded in producing chemical deterrence, or consequence manage- We have found that the former Soviet weapons, including toxic chemical ment. storage facilities are unsafe and inse- agents such as sarin, VX, and sodium The threat of weapons of mass de- cure. We have learned that there are cyanide; and they were in the process struction is real, and it is now. people and organizations in the world of developing biological weapons, in- As a consequence of the collapse of who are attempting to acquire these cluding anthrax, botulism, and ‘‘Q’’ the Soviet totalitarian command and weapons and materials for terrorist fever. control society, a vast potential super- purposes. We have since learned how much market of weapons and materials of The most direct line of defense more devastating the attacks in Tokyo mass destruction is becoming increas- against these dangers is negotiated, could have been if the cult had simply ingly accessible. The collapse of the verified reductions in nuclear, chemi- perfected their delivery systems. The Soviet Union and the subsequent decay cal, and biological forces. It makes no arrest and subsequent interrogation of of the custodial system guarding the sense to be for missile defenses and members of the Japanese cult has shed Soviet nuclear, chemical, and biologi- against the START treaties and the more light on the activities of the cal legacy has eliminated this pro- Chemical Weapons Convention. Like- group, particularly with respect to the liferation chokepoint, since states and wise, defense spending that facilitates extent and nature of its efforts in the possibly even sub-state groups can now threat reduction in the former Soviet area of offensive biological agents. buy or steal what they previously had Union is a wise investment. This is the The Japanese cult conducted exten- to produce on their own. This central essence of the Nunn-Lugar or Coopera- sive research on the manufacture of of- fact has transformed the nature of the tive Threat Reduction Program. June 26, 1996 CONGRESSIONAL RECORD — SENATE S6991 I favor a prudent approach to counterproliferation policy in order to production facilities in Russia. Russia strengthening our third line of de- provide a more strategic and coordi- agreed to a United States proposal to fense—namely crisis and consequence nated vision and response. cease plutonium production for weap- management, including defense against Let me deal briefly with each of ons but action has been stymied by the ballistic missiles—but not at the ex- these components. fact that the three reactors in question pense of shoring up the front lines of The first component of our amend- also produce heat and electricity. defense—namely, prevention and deter- ment concerns domestic preparedness These reactors can be converted so rence. It is important to point out that for terrorism involving weapons of that they can no longer produce weap- a ballistic or cruise missile is not the mass destruction. Senator NUNN has ons-grade plutonium while permitting likely delivery vehicle a terrorist or described this part of the amendment them to continue to produce heat and rogue nation will use to attack the and I will not repeat his explanation. electricity. United States. Rather, a Ryder truck, Let me simply say that our hearings have demonstrated that the United Fifth, in order to expand our trans- an already proven form of delivery, or parency program efforts with the Rus- a minivan, is much more likely. States is woefully unprepared for do- mestic terrorist incidents involving sians, we need to undertake new efforts Many refuse to believe that this type to evaluate technologies and tech- of drive-up nuclear, chemical, or bio- weapons of mass destruction. Although recent Presidential decision directives niques to verify that weapons are being logical attack is likely. I say it is the dismantled and to verify the quantities most likely. We must protect ourselves address the coordination of both crisis and consequence management of a of nuclear materials from disassembled from missile attack, but at the same warheads. time, we must also be willing to expend WMD incident, the Federal Govern- the resources necessary to prevent, ment has done too little to prepare for Sixth, in the area of securing weap- deter, and interdict this much simpler a nuclear threat or nuclear detonation ons and materials, it is time to make a and more likely form of attack. on American soil, and even less for a concerted effort at chemical and bio- In my view, the potential costs of ig- biological or chemical threat or inci- logical threat reduction. Opportunities noring the threats and problems associ- dent. do exist to secure materials that can be ated with the spread of weapons of The second component of our amend- used to make chemical and biological mass destruction are so enormous that ment focuses on further constricting weapons, and we need to determine the they demand a national mission on par the supply side of the proliferation of feasibility and priority of moving be- with the Manhattan Project—Manhat- weapons of mass destruction. Since the yond nuclear threat reduction and be- tan II. We need to assemble the best disintegration of the Soviet Union, the yond chemical-weapons demilitariza- minds, with massive resources, to come Nunn-Lugar or cooperative threat re- tion efforts to explore possibilities for up with, in a relatively short period of duction program and related initiatives improving security for chemical and time, the kinds of technical tools that has sought to address the threat to biological weapons materials. United States security posed by the nu- will allow our policymakers to develop Seventh and last, in addition to en- clear weapons, scientists, and mate- truly credible responses and plans in hanced efforts to secure the weapons rials of the former Soviet Union. The the areas of nonproliferation and and materials of mass destruction, we mission to secure these nuclear assets, counterproliferation. must recognize that the combination of It will take time. But we can jump as well as their chemical and biological organized crime, porous borders, severe equivalents, is unfinished. start that effort here in the Congress economic dislocation and corruption in We week to capitalize on the progress today. And that is the purpose of the the states of the former Soviet Union achieved in dismantling nuclear weap- amendment being offered by Senator ons of the former Soviet states and in has greatly increased the risk that le- NUNN, Senator DOMENICI, and myself. preventing the flight of weapons sci- thal materials of mass destruction as There are three basic elements or entists over the past 5 years and to ex- well as the know-how for producing components to our amendment. The pand the core mission of the program them can pass rather easily through first component stems from the rec- so as to address strategically the the borders of the former Soviet Union. ognition that the United States cannot emerging WMD threats that com- Although Nunn-Lugar programs have afford to rely on a policy of prevention promise our domestic security. The re- begun to offer training and equipment and deterrence alone, and therefore sources that will be required to imple- to establish controls on borders and ex- must prudently move forward with ment programs proposed in the amend- ports throughout the former Soviet mechanisms to enhance preparedness ment are not intended to supplant, but Union, much more needs to be done. domestically not only for nuclear but rather to supplement, current Nunn- Much of the training that is done by chemical and biological incidents as Lugar funding levels. the U.S. Customs Service will lapse well. More specifically: this year. The second component addresses the First, cooperative programs to im- The third component of the amend- supply side of these materials, weapons prove the protection, control, and ac- and know-how in the states of the ment focuses on the need for a national counting of nuclear materials must be nonproliferation coordinator. There is former Soviet Union and elsewhere. accelerated and expanded to encompass Building on our prior Nunn-Lugar/CTR a broad consensus that WMD prolifera- all of the nuclear facilities that handle tion is now, and will remain for the experience, and recognizing that it is sensitive nuclear materials and compo- far more effective, and less expensive, foreseeable future, the top threat to nents. U.S. national security interests. Yet to prevent WMD proliferation in the Second, the security of nuclear mate- the American response to this pro- first place than to face such weapons rials during transportation between liferation threat remains scattered and on the battlefield or the school play- nuclear facilities must receive greater ground, our amendment includes coun- attention. Transportation risks will unfocused. termeasures intended to firm up border grow as more nuclear warheads are dis- The present nonproliferation and and export controls, measures to pro- assembled and their materials are counterproliferation efforts include mote and support counterproliferation shipped to interim or permanent stor- dozens of departments and agencies research and development, and en- age sites. that have responsibilities in one way or hanced efforts to prevent the brain- Third, greater programmatic empha- another to protect the United States drain of lethal know-how to rogue sis needs to be placed on safeguarding from such threats. This patchwork ef- states and terrorist groups. highly enriched uranium fuel used in fort suffers from lack of coordination, The third and last major component Russian naval propulsion. We need to overlap, and duplication. The very na- stems from the recognition much of accelerate and expand our programs ture of the WMD threat demands not the current effort to deal with the NBC with the Russian Navy to encompass just the attention of our armed serv- threat crosscuts numerous Federal de- all unirradiated enriched uranium fuels ices and diplomatic corps, but also our partments and agencies and highlights used for ship propulsion. law enforcement community, our sci- the need for the creation of a national Fourth, we need to get on with the entific community, and our intel- coordinator for nonproliferation and business of closing down plutonium ligence community. S6992 CONGRESSIONAL RECORD — SENATE June 26, 1996 In my view, our Nation’s non- tive branch—in the law enforcement Record would contribute significantly to our proliferation effort is in need of a stra- area, in the Energy Department, in our ability to protect the American people and tegic and coordinated government-wide national laboratories. And we have the world from threats posed by unsafeguarded nuclear material. plan. consulted with officials at the State It would enable us to complete nuclear ma- In order to best address the cross- and local levels—with first responders terials upgrades on an urgent basis at key cutting nature of the proliferation who will be on the firing line if our ef- sites in Russia which were agreed to between challenge, we propose to establish the forts at prevention and deterrence Vice President Gore and Prime Minister position of the national nonprolifera- should fail. Chernomyrdin since our budget was submit- tion coordinator who will be charged Senator NUNN, Senator DOMENICI and ted. It would aid our ability to fund our very with coordinating policies and activi- I are convinced that the programs and successful ‘‘Lab-to-Lab’’ materials, protec- ties to combat the threat posed by tion, control and accounting program which measures outlined in the amendment has been the pace setter in gaining access to WMD both domestically and inter- are doable. And we ask for the support vulnerable sites in the former Soviet Union nationally. The coordinator should of our colleagues in agreeing to this where nuclear materials are stored and are have the authority to review the budg- amendment. in need of security upgrades. Our progress in ets of all agencies with programs in I yield the floor. these areas has outpaced available funding. nonproliferation, counterproliferation, Mr. DOMENICI addressed the Chair. The faster such sites are secured, the less and related areas of intelligence and The PRESIDING OFFICER. The Sen- likely that weapons grade material will be law enforcement. The office of the co- ator from New Mexico is recognized. diverted to rogue states or terrorist groups. ordinator should be augmented with The costs of prevention are far less than the Mr. DOMENICI. Mr. President, I first costs of defending against diverted material nonproliferation and want to indicate to my good friends, or coping with the potentially catastrophic counterproliferation experts from the Senator NUNN and Senator LUGAR, how consequences of terrorist use of such mate- Departments of State, Defense, Jus- appreciative I am that we have been rial. tice, Energy, Commerce, the intel- able to work together to put this com- The amendment also augments our Nu- ligence community, and such other prehensive amendment before the U.S. clear Emergency Search Team, or NEST, ca- agencies as may contribute to the mis- Senate. pability to be transported quickly anywhere sion of the national coordinator. While this is not a session this in the United States or the world to deal with finding and disarming a nuclear device. To support a comprehensive approach evening attended by very many Sen- The amendment would leverage existing to nonproliferation, the national coor- ators, I believe if this amendment is research and development capabilities of the dinator should chair a new committee adopted tomorrow and if it remains Department’s National Laboratories to bet- on proliferation, crime, and terrorism, part of the authorization bill and if it ter verify and secure U.S. and Russian nu- to be established within the National is signed by the President, then this clear weapons pits awaiting disposition, and Security Council. That committee will have been a red-letter day in the make full use of DOE’s capabilities to detect should include the Secretaries of State, future of the United States and our and counter nuclear smuggling and other weapons of mass destruction. Defense, Justice, Energy, the DCI, and people, because it appears to me that Finally, the amendment will improve both other department and agency heads the we ought to do everything we can to our near term and long term work to prevent President deems necessary. This com- avoid a catastrophe that can occur in and counter the growing threat of weapons mittee within the National Security the United States with reference to a of mass destruction to the United States. We Council should serve as the focal point nuclear weapon being detonated here look forward to working with the Congress for all government nonproliferation, or a biological or chemical weapon, to address these priority concerns of the Ad- counterproliferation, law enforcement, which I believe most experts say is ministration. Sincerely, intelligence, counterterrorism, and probably more apt to happen and more HAZEL R. O’LEARY. other efforts to combat threats to the dangerous today to America’s future. If United States posed by weapons of (Mr. LUGAR assumed the chair.) we can get our country started in a Mr. DOMENICI. Mr. President, on mass destruction. preventive program and in a coordi- June 26, Senator NUNN received a let- Mr. President, it is time to go beyond nated program of using the finest tal- a recitation of the threats posed by the ter—it was actually for all of us and for ent we have, scientific and techno- this amendment—from Defense Sec- proliferation of weapons of mass de- logical, to bear down on this issue, struction and to start developing an retary Perry. I quote the last para- then I believe this will have been an ex- graph: appropriate strategic, coordinated re- tremely productive defense authoriza- sponse. We know what the threats and Taken together, the amendment’s provi- tion bill. sions will result in important improvements the problems are. We even have the Having said that, I would like to to the Defense Department’s capabilities to knowledge and expertise to deal con- make a part of the RECORD the follow- prevent and respond to the threats both here structively with these threats. ing: a letter dated June 26 to myself and abroad posed by terrorists and weapons Difficult as it is, identifying a new from the Secretary of Energy. I will of mass destruction. challenge is the easier part of the prob- merely paraphrase it. The Secretary I ask unanimous consent that this lem. Summoning the political leader- says: letter be printed in the RECORD. ship, the political will and resources, Finally, the amendment will improve both There being no objection, the letter and the support of the American people our near-term and long-term work to pre- was ordered to be printed in the to act is harder still. Despite the vent and counter the growing threat of weap- RECORD, as follows: threat of loose weapons of mass de- ons of mass destruction to the United States. THE SECRETARY OF DEFENSE, struction and weapons-usable mate- We look forward to working with the Con- Washington, DC, June 26, 1996. rials, will the political leadership of gress to address these priority concerns . . . Hon. SAM NUNN, this country, including this Congress, I ask unanimous consent that this U.S. Senate, Washington, DC. step up to the plate? letter be printed in the RECORD. DEAR SENATOR NUNN: I am writing to ex- Or will this new threat be given the There being no objection, the letter press my appreciation and support for your priority it deserves only on the morn- was ordered to be printed in the efforts to improve our ability to protect the American people, our troops and allies from ing after the first act of nuclear, chem- RECORD, as follows: the threats posed by weapons of mass de- ical, or biological terrorism takes THE SECRETARY OF ENERGY, struction and terrorists who might use them. place on American soil? What will we Washington, DC, June 26, 1996. The amendment you have proposed to the wish we had done? Hon. PETE V. DOMENICI, Defense Authorization bill on this issue This amendment represents our con- U.S. Senate, Washington, DC. would provide important support to enhance sidered judgment as to the appropriate DEAR SENATOR DOMENICI: I am writing to our defense capabilities against these starting points for a national effort to state my strong support for your efforts to threats. It would assist us in our efforts to deal with the threats posed by the pro- enhance U.S. national security in the face of improve our domestic preparedness to pre- the increasing threat posed by weapons of vent and, if necessary, deal with a potential liferation of weapons of mass destruc- mass destruction. domestic terrorist incident involving weap- tion. We have held over 20 hearings The Amendment No. 4181 that you have ons of mass destruction. It would also during the course of the last year. We proposed to the Defense Authorization bill strengthen our ongoing efforts in Coopera- have worked with experts in the execu- and published yesterday in the Congressional tive Threat Reduction and other programs to June 26, 1996 CONGRESSIONAL RECORD — SENATE S6993 prevent proliferation by reducing and im- an assemblage of experts, not including this Nation that just as we amassed in proving control over such lethal weapons and those who put this report together, the Manhattan project the greatest of materials at the source and strengthening have worked very hard in an effort to our scientists with a mission, a mission the international community’s ability to bring a comprehensive bill before the to save America by developing the interdict them at borders. Taken together, the amendment’s provi- U.S. Senate tonight. atomic bomb, it is imperative that we sions will result in important improvements So, Mr. President, after yesterday’s coordinate our best efforts and re- in the Defense Department’s capabilities to bombing in Saudi Arabia, my col- sources, our best scientists and techni- prevent and respond to the threats both here leagues do not need to be reminded of cians to lodge an attack on the im- and aboard posed by terrorists and weapons the devastation of a conventional pending potential disasters that can of mass destruction. bomb. I am not aware of any of my col- come from biological and chemical de- Sincerely, leagues who had the opportunity to ob- struction and the forces that can be set WILLIAM J. PERRY. serve an above-ground nuclear blast, forth and lay millions of people to Mr. DOMENICI. Mr. President, with- but I believe my colleagues recognize waste. in the last 3 or 4 days, a very interest- the devastation that such an explosion There are no easy answers. But there ing report has been forthcoming. I be- would have if a nuclear weapon were to were not easy answers to some of these lieve it is a godsend for us. It is called explode in New York City or in Indian- gigantic technical and scientific prob- ‘‘A Nuclear Black Market,’’ and it was apolis or in Atlanta or in Chicago. lems that we have faced in the past. a report issued under the auspices of We are less familiar, however, with The longer we sit by and assume it will the Center for Strategic and Inter- the threat of chemical weapons, al- all be taken care of because a lot of national Studies. It is very significant, though we do have some experience people are working on these kinds of is- because many of the participants in from the Tokyo subway incident, sues, the longer we are being fooled. So this study have great credibility with which has been discussed thoroughly we have put together a bill that ad- many Senators with reference to issues here tonight, from observing the use of dresses these issues on many fronts. of this type. chemical weapons in the Iran-Iraq war, Clearly, it addresses the issue of the Arnaud De Borchgrave, who many and from dealing with accidental nuclear black market. That has al- know as former editor of the Washing- chemical leaks in events such as rail- ready been discussed in great detail. I ton Times, was the project director of road car derailments. merely want to say to Senators who this report. I am not going to make it I think very few of us are aware of might wonder whether it is in Ameri- a part of the RECORD; I am merely what could happen if a rogue nation or ca’s interests to negate this black mar- going to suggest to those who wonder group attacked the United States with ket or whether it is in somebody else’s whether this amendment moves us in a biological device. The device could interest, there can be no question, it is the right direction, I suggest if they very well be made in a laboratory the in our interest, the whole notion of a want the recommendations of this size of a kitchen. black market coming out of the Soviet group, headed by the person that I just My colleagues recognize all the Union, because they are dismantling, talked about, under the auspices of a equipment necessary to culture a bio- are in a state of disarray, building very reliable think-tank group and logical agent. Most of it can be found down their nuclear weapons, all of containing the following prognosis— in a high school or college chemistry which contributes an enormous poten- and if this does not sound something laboratory, or ordered, I might say, tial for the dissemination of those like the speeches just given by Sen- from a number of mail-order houses in kinds of things from whence nuclear ators NUNN and LUGAR—let me share it the United States and around the bombs can be made. with you. world. The prognosis says—and that is all I In that kitchen laboratory, the first It is in our interest that we continue, will read and urge that Senators or drop of an agent would be cultured as difficult as it is, to put some re- their staffs interested should read it— until it multiplied billions of times. To sources into trying to tame that which the prognosis says: turn those germs into a weapon would is being loosed on the world through individual conduct in the Soviet Union In the near term, several key variables in be very straightforward. The biological the nuclear smuggling equation appear like- agent would be placed in a container and in some cases through organized ly to remain bad or may even worsen. Bar- designed to open and disperse the ma- conduct. The genie is out of the bottle ring an unlikely economic turnaround in the terial into the air, possibly with a there, but it behooves us to try to former Soviet Union, struggling nuclear small fan. The device would be most ef- make that as small as humanly pos- workers will continue to be tempted to steal sible. And we can do better. material. Disarray in the Russian military is fective placed in locations of which sig- nificant airflows interact. And when If we adopt this amendment, and find apt to worsen in the near term, threatening the resources to fund it, it will be just security at nuclear weapons storage sites. that interacts with large numbers of The current trafficking situation shows a people, they have almost a special another very positive stride in the di- disturbing upward trend. Substantial quan- place for this kind of destruction: A rection of doing what is prudent for our tities of materials are likely to remain at metro station, the air-conditioning people in reference to this very, very large, and the potential for an accident or system of a large building, an airport. serious threat. use of smuggled nuclear materials probably People passing through would It is kind of amazing and somewhat is increasing, partly as a result of disman- breathe the agent into their lungs, ironic that as we end the cold war, we tling. turn loose a new hot substance. It is no By contrast, certain trends are favorable. where it would continue to multiply Improvements in the materials protection with every breath. The unknowing longer necessarily the fleet of rockets and controlled accounting in the former So- transporter would exhale some of the aimed at us, but it is the tremendous viet Union are progressing slowly. The num- agent, to be breathed in by others. The inventory from plutonium to enriched ber of deployed warheads and assembled first illness might not occur for several uranium and everything in between weapons is shrinking and facilities are con- days. First, those directly exposed that can be turned loose because a solidating. Transit states are beginning to would start to die. Then their co-work- country cannot control its people and deploy technical detectors and are acquiring ers, their families, their friends would does not have the money to pay its sci- needed training and experience. Meanwhile, entists to keep working and do produc- the international community is starting to start to die. respond to this severe challenge. Although Initially hospitals would be over- tive things. What a tremendous, dif- any prediction is tenuous, the situation whelmed, like we found when we have ficult situation we are confronted with, seems likely to get worse over the near term had viruses before, including the Ebola difficult enough to do something seri- and will not improve unless immediate secu- virus. The virus would flourish at the ous about. rity enhancements are made. hospitals, turning them into killing This bill clearly takes some giant Then one might be surprised to read grounds. I could go on. steps in the right direction. It directs the recommendations. The rec- I do this because I truly think it is the Department of Defense to create an ommendations begin to sound like this imperative that somehow we get the emergency response team similar to bill. For that, I am very pleased, be- message to the policymakers of this the Department of Energy’s nuclear cause the three of us and our staffs and country and ultimately to the people of emergency search team. This team S6994 CONGRESSIONAL RECORD — SENATE June 26, 1996 could be called upon to locate and de- people and literally millions of Ameri- of weapons usable nuclear material— activate chemical or biological devices cans now and in the future. they immediately become a nuclear or try to contain them once detonated. Now, let me turn to the threat of nu- power more advanced than the United The amendment directs the Depart- clear weapons. At its peak in 1992, the States was when we bombed Hiroshima ments of Energy and Defense to de- Soviet Union possessed approximately and Nagasaki. We cannot let that hap- velop new technologies to detect the 45,000 nuclear warheads and weapons pen. production and transportation of these grade nuclear material to fabricate For the past 5 years, under the lead- agents. Just think of how tough this thousands more. ership of Senators NUNN and LUGAR, one is. But if we do not tell our sci- The Soviet Union also produced an Congress has provided $300–$400 million entists to try to find ways to detect unknown amount of highly enriched per year to address this problem. Un- these devices and the places of their or- uranium for reactors and for their nu- fortunately, when the original legisla- igin, then what chance do we have to clear navy. That material is also weap- tion authorizing that work was enacted make any real strides in inhibiting the ons usable. in 1991, it included numerous restric- devastating potential, a little piece of While we will never know for certain tions on its use. which I described in my early remarks. how much of this material exists, the I understand why those restrictions Metro medical strike teams are es- number 1,200 metric tons of weapons- were put in place—when Nunn-Lugar tablished. I will not go into great de- usable material is frequently used. was first enacted, the hammer and tail. Joint exercises are provided for, If one considers that a simple nuclear sickle of the Soviet Empire still flew and an effort to help our local law en- weapon requires 15 kilograms of highly over Red Square. But there have been forcement, not take over, but to help enriched uranium and 4 kilograms of some real successes—a lot of which re- them become more proficient in this plutonium, there is enough weapons us- sulted from the less formal inter- potential and thus more able to be of able nuclear material in Russia to actions of the Department of Energy help and be part of prevention rather build more than 63,000 nuclear weap- with their counterparts in the Russian than wait until something happens and ons, each of which could fit in a brief- Ministry of Atomic Energy. then have the clamor that nobody case. It turns out that these scientists; knew what to do, nobody was trained. That material cannot be accounted ours at Los Alamos, Lawrence Liver- We are smart enough to know that for—the best concrete example we have more, and Sandia; and theirs at these things can happen. Tonight my is Project Sapphire. Arzamas, Tomsk, and Chelyabinsk; two colleagues have already explained Project Sapphire occurred when the think alike. They have been following how they have already happened and Government of Kazakhstan found 600 each other’s work for years and have how close we have come in our own kilograms—enough material for 32 nu- tremendous respect for one another. So country to a major—to a major—bio- clear weapons—of highly enriched ura- when the Cold War ended, they started logical disaster in New York City. nium that had been inadvertently left getting together and found they have a There is much more I could say to- in Kazakhstan when the Soviets left. great deal in common. night. Most of my remaining remarks Not only was 600 kilograms left be- Out of those informal relationships would have to do with the former So- hind, but the inventory of that mate- have developed some very important viet Union and certain programs that rial conducted according to Soviet programs. are working fairly well, some that we measuring techniques was off by 4 per- MATERIALS PROTECTION, CONTROL, AND ought to enhance and make better. But cent—enough to make almost two nu- ACCOUNTING I will not do that because between Sen- clear weapons. The Department of Energy has al- ators NUNN and LUGAR, they have In the Sapphire case, the Department ready secured nuclear material at 35 fa- touched on it. I am sure when Senator of Energy secured that material and cilities in the former-Soviet Union. NUNN finishes his remarks tonight, transported it to the Oak Ridge Na- Those security systems include, cam- since he has started in this arena in tional Laboratory. But that case dem- eras, gates, portal monitors, and tag- the former Soviet Union, he will make onstrates how lacking inventory con- ging devices to track nuclear material. additional remarks about what we trol systems are in the former-Soviet At the January Gore-Chernomyrdin ought to be doing. Union. meeting, six more sites were added to I merely want to say that I got some Even when the material is in dedi- the list of sites to which DOE will have very good education about this from cated storage facilities it represents a access to secure nuclear materials. some of our national laboratories. I threat. At Chelyabinsk-65, bulk pluto- Because these sites were only agreed participated in two national seminars nium is stored in a warehouse with to in January, funds were not included hosted by Los Alamos National Lab- glass windows and a padlock on the in the President’s budget request. How- oratory, and in the last case by them door. Inside the facility are over 10,000 ever, these sites are a top priority—one and Harvard University, when they ingots of separated plutonium stored in of the sites is Krasnoyarsk-26, one of brought the best thinkers together to thermos-sized containers—perfect for the sites of Russia’s remaining three tell us about the reality of this situa- picking up and walking out. plutonium production reactors. tion. If the terrorists who tried to blow up The amendment includes an addi- Are we pipe dreaming or is it real? If the World Trade Center had used a nu- tional $15,000,000 for the program. it is real, what should we be doing clear weapon made of that weapons us- LAB-TO-LAB about it? From those kinds of contacts, able nuclear material, Manhattan—all The close relationships developing I have arrived at the conclusion that if the way up to Gramercy Park, would between the national laboratories here one is going to leave a legacy around have disappeared. If such a device had and the Russian Institutes is the foun- here, one ought to leave a legacy in been set off in Oklahoma City, most of dation of our success to date. this area of calling this kind of prob- Oklahoma City would have dis- Lab-To-Lab efforts are intentionally lem to the attention of the policy- appeared. diverse. Currently, efforts are focusing makers and then doing something The examples I have given are using on ways to safeguard and transport as- about it. a simple weapon design that is avail- sembled Russian nuclear weapons. If one would have been part of origi- able over the Internet. If a rogue na- This amendment expands the Lab-To- nating the Manhattan project, one tion were to hire a Russian weapons de- Lab Program to include all the states might have been very proud of having a signer and have access to the necessary of the former-Soviet Union and pro- part in assembling this massive talent, material, that designer could build a vides an additional $20,000,000. managed in an appropriate way, to sophisticated, multiple-stage weapon COOPERATION WITH RUSSIAN NAVY ON NUCLEAR bring America the first atomic bomb. many times more powerful. MATERIALS SECURITY The same thing might be happening My colleagues need to understand Highly enriched uranium intended here, for our great scientists might that the weapons used in Nagasaki and for naval propulsion can be used in nu- permit us to evolve from this legisla- Hiroshima were much cruder designs clear weapons. To date, our material tion into something that might really than are easily available today. If a protection, control, and accounting ef- preserve and save literally millions of terrorist or rogue nation gains control forts have focused on the Ministry of June 26, 1996 CONGRESSIONAL RECORD — SENATE S6995 Atomic Energy and have not involved sian Ministry of Atomic Energy has ously in favor of that, as did the Sen- the Russian Navy. agreed to convert the cores of the three ator from Virginia. The Senator from Through the Lab-To-Lab Program, reactors so they no longer produce Virginia has been very helpful in this the Department of Energy has met weapons grade plutonium. legislation from the very beginning. with Russian naval officers. In April, a It is my understanding that the con- So the Senator from New Mexico has delegation of Russian naval officers version will cost $70,000,000 to made immense contributions here and visited Oak Ridge, Sandia, and Los Al- $90,000,000. in the DOE lab program, the many amos to familiarize themselves with The amendment includes $15,000,000 other programs that the Department of our protection, control, and accounting to complete the necessary design anal- Energy is involved in. And primarily it systems. ysis and to begin procuring the nec- is the work of the Senator from New In turn, Department of Energy offi- essary components. Mexico. So we are very proud to be cials have visited Murmansk and an VERIFICATION, CONVERSION, AND DISPOSITION partners in this endeavor, and it is agreement is now in place to secure OF WEAPONS GRADE MATERIAL truly a bipartisan endeavor. fresh Russian naval fuel at two loca- Russia is currently dismantling 2,000 I know the Senator from Virginia tions. warheads per year and storing the nu- would like to ask questions. I am going The amendment includes $6,000,000 to clear components in facilities one Rus- to abbreviate my concluding remarks. initiate this work and expand to even- sian advisor has referred to as ‘‘an old Mr. President, as I said earlier, this tually include 10 to 15 locations and a warehouse’’. training and equipping function is the navy-wide accounting system. The first priority must be to secure heart of this amendment, but not the INDUSTRIAL PARTNERING PROGRAM that material through the MPC&A Pro- whole amendment. Other parts of the Weapons usable nuclear material is a gram but our long term objective must amendment are designed to beef up our clear threat. However, if that material be the permanent disposition of that customs capability to try to interdict is combined with someone knowledge- material. the smuggling of weapons of mass de- able enough to build a sophisticated, Recently Los Alamos National Lab- struction and their components into multiple-state system, the threat in- oratory won an R&D 100 award for a the United States, and to provide the creases dramatically. new technology that enables us, for the latest detection technology to customs The Industrial Partnering Program first time, to transform plutonium officials. The best way to prevent a ter- seeks to bring together Russian nu- from weapons into non-weapons usable rorist incident involving a nuclear, ra- clear scientists with U.S. industry to forms in a verifiable manner. diological, chemical, or biological provide new careers so those individ- This is a significant accomplishment weapon is to stop these dangerous ma- uals are less likely to be lured into the because the Russians refuse to let us terials at our ports and airfields and service of rogue nations or groups. see the plutonium from their weapons borders. While some equipment is U.S. companies benefit from the ex- since the shape of the plutonium is one available that is capable of detecting ceptional technical capabilities of of their most closely guarded secrets. materials related to these weapons, However, the new ARIES technology these scientists and engineers, but we this equipment is not yet widely de- will enable us to verifiably transform also gain the knowledge that at least ployed, and we must speed up the proc- weapons grade plutonium, removed di- some of these potentially dangerous ess. In addition, we must speed the de- rectly from a weapon, into an ingot of people have found a way to feed their velopment of new technologies that plutonium oxide or hydride unsuitable families without endangering our na- can detect nuclear, chemical, and bio- for weapons use. tional security. logical materials before they reach the The amendment provides $10,000,000 Because the Armed Services Commit- terrorist who will assemble them, or to initiate a joint program in this area. tee has already increased funding for detect the materials in an assembled IPP to $50,000,000 from $15,000,000, this THIS IS NOT FOREIGN AID weapon before it can be set off. Better legislation simply expands IPP’s man- These are the programs we have de- technology is essential to guard our date to include facilities once used to termined are of the highest national borders, and it is essential for our do- produce biological and chemical weap- security—they are not foreign aid. mestic law enforcement. We are also concerned about inter- ons. As a result of these programs, we will safely and permanently dismantle and dicting supplies of dangerous materials TECHNOLOGY DEVELOPMENT inventory Russian nuclear weapons, across frontiers in Eastern Europe, the The United States has to develop bet- and tie up their weapons expertise. Caucusus, and along the southern flank ter means of detecting nuclear, biologi- When the original Nunn-Lugar legis- of the former Soviet Union, where cal, and chemical materials. lation was enacted, it was accompanied many newly-independent states effec- Using current remote sensing tech- by all sorts of requirements for certifi- tively have no customs capability. nology, a chemical or biological weap- cations that Russia was meeting cer- Therefore, the amendment provides ons factory is almost impossible to dif- tain requirements. That logic is ex- modest funding for US customs to ferentiate from a fertilizer factory or a actly backwards—we are undertaking train counterparts in those countries, brewery. Our experience in Iraq dem- these programs where they are in our upon request. onstrates that, even in a country that national security interest and the Rus- In addition, the amendment allocates allows International Atomic Energy sian Federation is willing to cooperate. some funds for expansion and continu- Agency inspections, it is difficult to Again, I am very proud to be part of ation of the original Nunn-Lugar con- detect a covert nuclear program. this amendment. We have worked very cept through programs run both by the The amendment includes an addi- hard together on it. I am very grateful Department of Energy and by the De- tional $20,000,000 to develop tech- to the two Senators, the occupant of partment of Defense’s Cooperative nologies so that we can assess whether the chair and Senator NUNN, for letting Threat Reduction Program. We are our enemies are developing nuclear, bi- me join you in this effort. I hope it seeking to expand these programs both ological, or chemical weapons capabili- does reach fruition. I yield the floor. in Russia, and, increasingly, in other ties. Mr. NUNN. Mr. President, I thank states of the former Soviet Union. My PLUTONIUM REACTOR CORE CONVERSION my friend from New Mexico and my cosponsors will describe these activi- Unlike the United States, the reac- friend from Indiana who now occupies ties in more detail. tors used to produce plutonium for So- the chair. This has truly been a part- Finally, there are three serious defi- viet nuclear weapons, also produced nership. I say that the Senator from ciencies in planning for contingencies. electricity to heat surrounding towns. New Mexico has been really a part of First is the lack of coordination of ac- Three of those reactors continue to op- this overall effort from the very begin- tivities across the many Federal agen- erate and produce plutonium; two at ning. cies who have some responsibility for Krasnyarsk-26 and one at Tomsk-7. I remember very well when we had some portions of the overall problem. Russia has refused to shut the reac- the original Nunn-Lugar amendment Second is the lack of coordination of tors down because they are desperate on the floor and the Senator from New Federal agencies and activities with for the electricity. However, the Rus- Mexico came and spoke up very vigor- those of the states and municipalities S6996 CONGRESSIONAL RECORD — SENATE June 26, 1996 who will be first to bear the brunt of source by improving safeguards on only of when. I believe this legislation, future attacks. Third is the lack of a weapons, weapons materials, and ex- while only a beginning, responds to a national security funding mechanism pertise inside the FSU. Since its incep- very urgent national security concern to match the new national security tion, this program had made an enor- of our Nation. missions in many of the Federal agen- mous contribution to improving the se- Mr. President, in essence, we have cies whose actions must ultimately be curity of our Nation. As of June 1, three different ways of trying to pro- integrated with those of DOD and DOE. Ukraine, which held far more nuclear tect the American people from weapons To address these fundamental prob- weapons than any state other than the of mass destruction in terms of pro- lems, this legislation establishes a co- United States and Russia, is no longer liferation. ordinator in the office of the President a nuclear state. Kazakstan became nu- One way is the original Nunn-Lugar to try to bring a degree of order to the clear free last year, and Belarus will program, which is an effort to stop the fragmented responsibilities that exist become nuclear free by this fall. Our material at its source, not to have the today. legislation provides funds to the De- material, the scientists, the know-how With this introduction and descrip- fense and Energy Departments in order come out of the former Soviet Union tion of the main purpose of the legisla- to promote efforts at control of these and spread all over the world, ending tion, Mr. President, let me next give a weapons and materials, and conversion up threatening either the United brief section-by-section overview of the of facilities that produce them. I often States and our people or our allies. amendment. ask the critics of these programs how That is what we are beefing up here. Title One focuses on the need to bet- much it is worth—in terms of our secu- We are trying to accelerate some of the ter train, equip and coordinate our rity—to destroy Soviet missiles and to good programs that are ongoing there. emergency response personnel who are dismantle their warheads, and to keep So that is step No. 1. Just as we have presently unprepared to deal with ter- the resulting nuclear weapons mate- tried to stop drugs at their source, we rorist incidents involving nuclear, rials out of the hands of terrorists and are trying to prevent this proliferation chemical or biological agents. Our bill rogue nations? How much did we spend from getting out of the former Soviet makes efficient use of the expertise in to deter the use of these same missiles Union. That is not just Russia. our military and energy departments during the cold war? I hear people talk about ‘‘foreign as- to train local officials to response to Finally, what is needed is a com- sistance.’’ This is not foreign assist- incidents involving WMD. Our hearings prehensive strategy that encompasses ance. We have other programs that are highlighted weaknesses in federal pre- the many facets of the proliferation foreign assistance. This program is na- paredness for WMD incidents, espe- threat. The time has come to adopt our tional security. It is in our national se- cially regarding coordination among Government to the complexities of the curity interests not to have the Rus- agencies. Our legislation goes a long post cold war national security situa- sian nuclear weapons, nuclear mate- way toward improving this situation tion. WMD proliferation crosscuts nu- rial, nuclear know-how, scientists all by establishing a chemical and biologi- merous agencies and departments, in- over the world ending up threatening cal response team, modeled after the cluding some such as the Customs De- both the United States and our mili- Department of Energy’s nuclear emer- partment, the FBI and the Department tary forces wherever they are deployed, gency search team. Such assistance of Health and Human Services, that but also threatening American people. and expertise could only be brought to have not previously been recognized as This is in no way foreign assistance. As bear if called up by civil authorities to having major responsibilities for na- a matter of fact, there is no cash in- implement the Federal disaster re- tional security. The convergence of volved here. We are not furnishing cash sponse plan, and would be limited by proliferation with terrorism and orga- to Russians. They do not have any way language that respects the proper de- nized crime, the growing awareness of to convert this cash to their own de- marcation between our military and ci- the potential use of chemical and bio- fense programs that do not relate to vilian agencies. Keeping in mind these logical agents in a terrorist incident, this. They are basically being furnished precautions, it is possible to apply our further complicates the implementa- equipment and know-how for a specific Nation’s hard-won expertise in chemi- tion of a comprehensive approach to purpose. There is one cash provision, I cal and biological warfare to this ur- this problem. believe, going to the Ukraine. That is gent national security threat without Title IV establishes a national coor- the only one and that is subject to very infringing on our political traditions. dinator to pull together the different strict accounting procedures. Additionally, this legislation creates parts of our nonproliferation policy. Stopping the proliferation at its medical responses teams throughout The national coordinator would be ap- source is the best, most productive, the the United States. These highly pointed by the President to serve in most effective, the most efficient way trained and deployable health care the Executive Office of the President. of dealing with this problem. We ought teams will assist the existing local re- He or she would oversee the senior di- to continue that effort as long as the sources in our cities and towns to re- rectors for nonproliferation, window of opportunity is open. It re- spond to and mitigate a WMD incident. counterproliferation, arms control, ter- mains open today in Russia and it re- Title II includes countermeasures rorism and global crime to assure that mains open in Belarus, and it remains against the smuggling of WMD mate- we remain focused, that our priorities open in Ukraine and Kazakhstan. We rials when they do leak from their receive consistent high-level attention, have succeeded beyond what any of us source. This legislation supports ef- and that vital proliferation threats do thought was possible in this regard. forts to tighten border security and ex- not slip through the cracks. Since September 1990, over 4,000 war- port controls both at our boarders, and I am convinced that we must address heads have been removed from oper- elsewhere on likely routes that these this issue before the unthinkable hap- ational status in the former Soviet lethal materials might take through pens. Can we afford to dismiss the pos- Union; over 1,000 missiles have been re- states of the former Soviet Union. It sibility that another World Trade Cen- moved from launches; over 800 missile also supports research for development ter or Oklahoma City bombing could launchers and bombers have been de- of technical means to detect the unau- involve chemicals, biological orga- stroyed; controls, safety guards and a thorized transportation of these lethal nisms or radioactive materials? We do myriad of nuclear facilities in Russia materials. Finally, it recommends so at our peril. The trends are clear: have been enhanced, adding new layers greater penalties for those criminals more nations and groups are exploiting of defense against proliferation efforts. involved in smuggling of these mate- increased availability of information, Outside of Russia, the most signifi- rials. technology, and materials to acquire cant event, which I know the occupant Title III builds upon the successes of mass destruction or mass terror capa- of the Chair now, and I, believed at one the Nunn-Lugar program to address bilities. There is no reason to believe time was not likely to happen, and the full range of the proliferation they are not willing to sue them. I that is the other countries that could threats to our country. The Nunn- have heard too many experts whose have become nuclear powers—Ukraine, Lugar/cooperative threat reduction opinions and credentials I respect, tell Kazakhstan and Belarus—are no longer programs focus on the problem at its me that it is not a question of if but headed down that road. In Kazakhstan, June 26, 1996 CONGRESSIONAL RECORD — SENATE S6997 all the nuclear weapons have been re- ports and major cities where an attack ation forces also very much are in- moved. No nuclear hand on the trigger may be suspected. That is the second volved in this area. So we have some or finger on the trigger in Kazakhstan. way, beefing up customs. military capability there that is going About a week and a half, 2 weeks ago, The other facet is customs will also, to be developed. the last nuclear warhead came out of under this bill, be given a mandate and Mr. President, the only other thing I the Ukraine. I have been informed by some money to help these other coun- add, we are beefing up the research ca- people in Belarus and my own officials tries like Kazakhstan, Belarus, the pabilities of both DOE and DOD. I em- that the last warhead will come out of southern countries in the former So- phasize that because we need better Belarus this year. If nothing else, if viet Union so that they will be able to methods, we need better tools, we need nothing else, having one nuclear hand beef up their own customs. These coun- better equipment, we need better pro- on the trigger, that is Russia, instead tries want to help, they want to be able tective gear and we need to do every- of four countries that we have to deal to help prevent the spread of these thing we can to bring our considerable with and defend against and worry weapons, but they do not have the technology to bear to deter and to pre- about is an enormous accomplishment. know-how or the expertise. In many vent and to detect and finally to deal How much would we have paid during cases, they do not have the training, with this threat, if necessary. the cold war to basically find three and they certainly do not have the Rather than take more time now, I countries that had weapons of mass de- equipment. This is the second way we thank my colleagues. I thank the Sen- struction and be able to get rid of are dealing with this problem. ator from Virginia for his patience. I them? If the CIA or the Department of Finally, we are dealing with it by ac- know he has some questions and I Defense had come in and said, ‘‘If you knowledging that we have a serious know they will be pertinent and rel- will give us x number of dollars in our and fundamental problem in terms of evant questions. Those should be an- budget, we will guarantee you that we our cities, our States, particularly our swered here. I thank all of our col- will get rid of the weapons in three metropolitan areas, in being able to, leagues and I thank the cosponsors of countries that are now aimed at the No. 1, detect the materials that may be this amendment, Senator BIDEN, Sen- United States,’’ how much would we used for attack against soft targets, ator GRAHAM, Senator SPECTER, Sen- have paid for that? Ten billion dollars, against population centers, against air- ator DASCHLE, and others who will be $20 billion, $30 billion, $40 billion, $50 ports, against major sporting events, speaking, I am sure, on this subject in billion? Probably $60 billion or $70 bil- whatever, to detect it and prevent it. the hours ahead. lion. It would have been enormous. We Second, to be able to deal with it if it I yield the floor. spent trillions of dollars defending over happened. We are woefully unprepared Mr. WARNER. Mr. President, I do the years. Now we have been able to ac- to deal with this kind of catastrophic join and commend the principal spon- complish this not because they were act of terrorism if it occurs. There is sors for their work product and for doing us a favor, but because these no doubt about that. their many, many hours of labor de- countries realized it was in their own We have had before the permanent voted, together with staff, in preparing best interests, their own national secu- Subcommittee on Investigations, and the amendment. I will ask some ques- rity interests to get rid of these weap- the occupant of the Chair has had simi- tions of my colleagues and I am certain ons, to ship them back to Russia to lar hearings in his Foreign Relations they will see these in the spirit of con- keep them under central control. Committee, and we have had hearings structive dialog. We were able to use these funds to in the Subcommittee on Investiga- First, the joint DOD-DOE report on give them the incentive and the prior- tions, and there is no doubt the police preparedness of the Government to re- ity and the reason to their own people, departments, the fire departments, are spond to nuclear, chemical and biologi- to their own legislative bodies, to help on record as saying, ‘‘We need help.’’ cal incidents. justify what was fundamentally in That is what we are trying to do here. That report, which was just issued re- their interests. Stopping these weapons This will not solve the problem. This cently—I think, in the last few weeks— at their source is the No. 1 effective is a beginning. This is an effort to help recommended provided authority to es- way. I am very much in favor of the train, probably first of all, some Fed- tablish a training program, authority other parts of this bill, but this is the eral people who can go out and train to establish a chemical biological re- most effective money we will spend. I others. Probably we will have the sponse team, and the establishment of hope everyone recognizes that. If you FEMA people involved. They are not a regional NBC stockpile, particularly look at what has been accomplished, ready to do this now, but it is my hope for medical stockpiles and the like. you can see that very clearly. that we will be able to phase DOD and Can the proponents of the amend- The second way we are trying to deal DOE out of this kind of training for do- ment inform the Senate with respect to with the problem is through the Cus- mestic law enforcement officials and that report and the parallelism in the toms Service. We are using, yes, DOD firemen, sometime in the next 2 to 3 amendment and that report? and DOE money to help the Customs years. They are the best source now, Mr. President, I just learned of the Service beef up their capability to pre- but perhaps the administration will de- report. It may well be that the spon- vent weapons from coming into this cide with the flexibility they have been sors have not had the opportunity to country, so that the Customs Service is given to train the Federal emergency see it. able to get from DOD and DOE the best management people so they can con- Mr. NUNN. I will supplement it for technology we have to be able to detect tinue this training in the future. Right the RECORD. I have not studied that re- weapons coming across the border—not now, we have no choice but to deal port at this stage. We have had a num- just nuclear, but chemical and biologi- with the expertise we have, and that is ber of hearings in our committee. We cal, as well. Also, we are beefing up the in the Department of Defense and the have heard from these same officials, DOD–DOE work in finding better ways Department of Energy. We are encour- such as the Department of Energy Sec- to detect these weapons. aging that. retary, and I believe the Senator from I have been briefed many times on I know the Senator from Virginia, New Mexico put a letter in the RECORD this subject, most recently this last being a former Marine, would be very from the Department of Energy and week, and it is very clear that even interested, and I know he is aware that Secretary of Defense Perry endorsing with all the work DOD and DOE have the Marine Corps is beefing up a con- this legislation. done, we still have a long way to go to siderable amount of talents and capa- It is a strong endorsement for this ef- find, really, effective state-of-the-art bility now to be able to deal, as the fort from the DOE and DOD. So I am methods of detecting particularly NEST team does in the Department of confident that this report, based on chemical and biological weapons. We Energy, with nuclear threat, to deal those endorsements, based on the nu- are better at nuclear detection than with the chemical and biological merous meetings we have had, and chemical and biological. Those are the threat. The Department of Defense will based on the testimony—I am sure this threats that are more likely to happen. make that decision as to who is the amendment would reinforce, supple- Not only detecting coming across the main resource there, but the Marine ment, and give impetus to the rec- borders but detecting these in airports, Corps is out front, and our special oper- ommendations in that report. I would S6998 CONGRESSIONAL RECORD — SENATE June 26, 1996 have to supplement the RECORD on that Mr. NUNN. I would also like to sup- the Senator from New Mexico. I, like- particular answer because I have not plement that for the RECORD. Director wise, studied these and have spoken on had a chance to study the report itself. Louis Freeh took a trip to the former the floor of the Senate, and elsewhere, Mr. WARNER. Mr. President, that is Soviet Union, including Eastern Eu- about my deep concern facing the Unit- quite satisfactory. I will be glad to rope, and established liaison offices in ed States in view of the simplicity, par- work with my colleagues. a number of those countries. I also ticularly in the area of chemical and Mr. DOMENICI. I just wanted to say know that those countries were very biological, and about the creation of we put in the Secretary Perry letter. anxious to have FBI cooperation. It even very small weapons of mass de- Mr. NUNN. Thank you. also is clear that our Customs Service struction. Mr. WARNER. My understanding is has liaison with their colleagues in My concerns with the amendment, that the pending amendment includes these former Soviet Union countries, however, are directly and primarily to authority for the Department of De- as well as all around the world. What the continued assistance to the former fense to provide assistance to the De- we are trying to do here is give the Soviet Union and the states therein. partment of Justice. There was a com- Customs Service of this country the This is a substantial increase in spend- parable attempt made in the ability, the wherewithal, the mandate, ing, Mr. President, on this particular antiterrorism bill, but that was specifi- and the funding to begin a much more program. I point out that, according to cally dropped in the conference. Can vigorous program and that kind of co- my rough calculations here, we are in my colleagues enlighten me on that this bill for the cooperative threat, ordination. That is where we stand on problem? that is the CTR, with the Soviet Union, Again, Mr. President, I am perfectly it, to the best of my knowledge. Mr. WARNER. I thank my colleague. $327 million in DOD funds, $108 million understanding. Your amendment, Sen- The costs of eliminating or converting in DOE funds, and this amendment ator, has a provision for the Depart- would add around another $143 million chemical and biological facilities, as ment of Defense to provide assistance to this sum. to the Department of Justice. A simi- we know, are very high both here at I think Members of the Senate are lar effort was made in the home and indeed abroad in the former hopeful that this amendment will pass. antiterrorism bill, and that comparable Soviet Union. What is the justification We should address these expenditures provision was dropped in conference. that we would provide to our taxpayers either in conference, or at some point Mr. NUNN. Yes. I talked to Senator for authorizing funds for such activi- in time, to determine the capability of HATCH about that this evening. I have ties in the former Soviet Union, and, expending such large numbers. Would also conversed with Senator BIDEN, and particularly, why would we be author- the Senator wish to comment on that? our staffs have been in touch with both izing an activity that would, in some I stated them in the aggregate. I do not of them. This provision we have in this respects, contravene our requirement think either Senator that presented it bill is very close to the amendment under the CWT, which is to completely mentioned the other parts of the bill. that passed the Senate overwhelmingly destroy the chemical facilities? Mr. NUNN. If I could just elaborate and that was worked out carefully be- Mr. NUNN. I do not know of any con- on that last question, let me state that tween Senator HATCH and myself and tradiction between this legislation and on the conversion and elimination Senator BIDEN. It does provide an ex- the Chemical Weapons Treaty. Perhaps what we have done in this amendment traordinary circumstance that the the Senator could amplify on that is provide flexibility because the Chem- DOE and DOD can help State and local question. In fact, everything in this ical Weapons Treaty has not entered officials. For instance, if there were a would be aimed toward helping the into effect yet. So until that enters subway attack in New York, if the fire former Soviet Union countries—not into effect there would be flexibility department and police department just Russia, but others—comply with for us to assist in. But once it enters were overwhelmed with the chemical their obligations under the arms con- into effect, when and if it does—and, of sarin gas, there would be the ability to trol agreements, including chemical, course, we have not ratified it here in ask for emergency assistance. Then the but not limited to that. the Senate yet—at that stage the par- Departments of Defense and Justice— Mr. WARNER. The question dealt ties to that would be obligated to the Secretary of Defense and Attorney with the conversion as opposed to the eliminate. And basically that elimi- General—could respond. It would have destruction in the facility. I would sug- nation provision would be required. to be very narrowly prescribed cir- gest that, at some point, that be sup- There would be no more conversion. cumstances, where they could respond plemented into the RECORD, if I might But I think it is clear that we would to that situation only, in very unique have that. not intend to help them convert unless Mr. NUNN. We can look at that. Ba- circumstances, where the State and they stopped production. But they sically, a facility that is converted, local governments and the normal law could convert, stop production, and not from my definition of conversion, enforcement officials would not be ca- eliminate. But once the treaty goes would lose its ability to have any kind pable of responding. into effect they would have to elimi- So that provision is in this bill. It of production capability. That would be nate. was dropped—the Senator from Vir- my definition of conversion. If a facil- If I could elaborate just briefly be- ginia is correct—from the ity were being assisted in terms of con- cause I have been handed the report antiterrorism bill in conference. I version by any of the funding here, it that the Senator from Virginia alluded think that was a fundamental mistake, would certainly be my view that that to between the Department of Energy a flaw. But it is a part of this legisla- facility should not continue to produce and the Department of Defense signed tion. chemical weapons. But we have a long by Walter Slocombe and Thomas Mr. WARNER. Mr. President, in es- way to go in that regard. There is noth- Grumbly, Slocombe being Undersecre- sence, we have now renewed the atten- ing that I know of that is taking place tary of Defense, and Grumley being Un- tion of the Senate to the need for that in that kind of conversion. There has dersecretary of Energy. And I think provision. been some conversion with the nuclear that is the one the Senator referred to. Mr. NUNN. The Senator is correct. facilities, particularly missile fields Mr. WARNER. Mr. President, will the Mr. WARNER. Two years ago, Mr. and that kind of thing. Senator give the date of the document? President, the Congress authorized $10 Mr. WARNER. Mr. President, speak- Mr. NUNN. This was June 13. So that million for a joint DOD–FBI training ing for myself, although other col- is it. I will quote one paragraph which program to assist the independent leagues and the chairman spoke ear- I think goes right to the point that I states of the former Soviet Union, the lier, I wholeheartedly support the por- think the Senator was asking about, Baltics, and Eastern Europe to control tions of this amendment which relate page 24 of the report, paragraph 3: the export of weapons of mass destruc- to the domestic requirements here in The focus of efforts to significantly im- the United States. I thought the Sen- prove our ability to manage the con- tion. sequences of a terrorist incidence, however, Is there a current status report on ator from New Mexico spoke most elo- should be on the first response by local po- that program available, and, if so, at quently about the contingencies; in- lice, fire, and rescue organizations. Local au- some appropriate time, could it be deed, all three Senators did, but I was thorities need quick access to NBC detec- made a part of the RECORD? particularly taken by the remarks of tion—that is nuclear, biological, chemical—and June 26, 1996 CONGRESSIONAL RECORD — SENATE S6999 decontamination and transport equipment. tunity now that may not be open very Some people are going to say that When an incidence involving NBC materials long, certainly not with all the coun- this is foreign aid. Right? This is not is suspected, lack of timely arrival in well tries there. We hope it will. But we foreign aid as I see it. Let me cite a trained, community based teams, fully could not have any assurance of that. couple of these things we are doing and equipped with the state of art equipment, could cost thousands of lives in most com- While we have this window of oppor- let us see what kind of aid it is: Mate- munities today across the Nation. These cas- tunity open, I think that it is a prior- rials protection control and account- ualties would include unacceptable numbers ity expenditure in terms of helping ing. What have we done and what are of irreplaceable emergency personnel. them, focusing enough money, but not we going to do with the money? So I think the heart of what we are doing the job for them because they are The Department of Energy has al- trying to do is also in this joint report. spending far more of their money than ready secured nuclear materials at 35 I think the report is entitled ‘‘Pre- we are. Ours is only a small part. It is facilities in the former Soviet Union. paredness and Response to a Nuclear, seed money. But what it has succeeded Those security systems include cam- Radiological, Biological, Chemical Ter- in doing is it has focused their atten- eras, gates, portal monitors, tagging rorist Attack.’’ tion and helped them make this a pri- devices to track nuclear materials. And Mr. WARNER. If I could just summa- ority. in January when our Vice President rize that, as I understand for the pro- In the final analysis, Russia, met, six more sites were added to the ponents of the amendment, the objec- Kazakhstan, Ukraine, and Belarus are list which the DOE will have access to tives to the amendment are in parallel not doing us any favor and the other secure these materials. Because these to, consistent and supportive of, the countries. They are going to take steps sites were only agreed upon in Janu- objectives in that report. in their own national security inter- ary, funds were not included in the Mr. NUNN. That is correct. ests. They are in very dire financial President’s budget request. We are in- I say to my friend from Virginia that straits having cut back on their pro- cluding them here. And, obviously, in terms of the amount of money here curement budget in Russia by 80-some that is another $15 million for that en- it is not an insignificant sum. We are odd percent from the peak in that kind tire program. talking about a total amount under the of condition. This kind of funding helps Then there is a lab-to-lab program. It Nunn-Lugar program thus far of $1.5 focus the attention and it gives us the was developed informally. But because billion that has been spent. ability to communicate with them. It the Soviet nuclear scientists trusted Mr. WARNER. Since the inception of opens them up for us telling them what the scientists of our nuclear labora- the program. we think about the threat, and it has tories in some very strange way they Mr. NUNN. Yes. This amendment to- an enormous psychological effect in would rather deal with those who made night represents $235 million. It is not terms of their capability. the bombs while they were making the additional money to the DOD–DOE bill. I recall Secretary Cheney said—not bombs than they would with a bunch of It is shifting of funds within the bill. on this program but on the START II politicians or a bunch of State Depart- So this is not an increase in DOD– treaty when that one was signed, I be- ment people. And all of a sudden the DOE funding. I happen to believe—the lieve under the Bush administration— lab-to-lab relationship grew into some- Senator from Virginia may not share he said then that he recommended that thing that is very fundamental. They this; others may not—but I think it is we give substantial amount of aid to are working together. They are doing clear and in that report that the CSIS Russia so they could accelerate the things that will cause those labs to just issued by Judge Webster, former START II schedule, and take down move in peaceful ways instead of mili- head of the FBI and former head of the those missiles on a more rapid pace. tary ways to produce peaceful products CIA—there is great respect for him I That probably is still good advice. instead of military products, and we know in this body on both sides of the So it is within that context that Sec- are gaining from it. That is a $20-mil- aisle, and for others on that very dis- retary Cheney was saying this is our lion investment. tinguished panel—they came to the national security. And I would say this Is that foreign aid? It would appear conclusion, and I have come to this is a very small amount of money com- to me that probably is the best kind of conclusion and stated it often, that pared to the $260-some odd billion in investment in national security that this is our No. 1 one national security our defense budget each year. This is a we could ever have. Not only what I threat. small amount of money if you compare have just described—but these great In the era we are in, this is the No. 1 it to almost any category of expendi- scientists who produce this nuclear ca- one security threat to American peo- ture, and what we are getting for it. I pability in Russia are now friends with ple; that is, the proliferation of weap- think it may be the highest leverage great American scientists. I mean that ons of mass destruction—chemical, bio- defense money in terms of national se- is sort of worth something even if they logical, nuclear, scientific know-how, curity that we spend. were not accomplishing the other and scientists themselves ending up in Mr. WARNER. Mr. President, let me things that they are. countries like Libya, Iran, Iraq. reply. I want to make it very clear that Then we have the cooperation with As the Senator from Virginia will re- the Senator from Virginia agrees en- the Russian Navy on nuclear mate- call, after World War II the biggest tirely with the Senator’s premise that rials—a tough one, a huge undertaking, contest we had in the first stages of the this is the most serious national secu- but if it works, and if we get it started, cold war was who was going to get the rity threat posed against our Nation it is not giving anything to the Soviet German scientists, whether it would be indeed, and I think the nations of the Union. In a sense, they get something, the Soviet Union or the United States. Western World. So I concur in that. but look what we get from it. We got more of them than they did. I simply feel it necessary to ask We have an industrial partnering pro- Much of our space age came from that. these various questions so that we have gram that developed with a one-time So we are in that unusual period of a complete record before the Senate expenditure of $35 million. It is doing time when an empire has collapsed still such as they can vote I think in a fully marvelously. Can you imagine private containing 30,000 nuclear weapons, over informed manner tomorrow. I agree. I sector American companies working 40,000 tons of chemical weapons, and no shall not expand beyond that. with Soviet institutions and American one knows how much in the way of bio- I so stated my concern about weap- laboratory scientists to disengage So- logical weapons—tens of thousands of ons of mass destruction and about pro- viet scientists from producing nuclear scientists and technicians that know liferation many, many times on the proliferation? They are producing how to make these weapons, know how floor of this Senate, and I hope, may I things for their domestic market and to make weapons of mass destruction, say, for many years to come. moving dramatically away from what with many of those people not knowing I yield the floor. they have been doing for all these where their next paycheck is coming Mr. DOMENICI. Let me go through years. from and how they are going to feed three or four things that we are doing, Now, there are many more things their families. and point out to the Senate and in a that we are trying to do. We do not So this is an unprecedented era that roundabout way respond to one of your have enough money to do everything we are in. We have a window of oppor- questions. that is mentioned by our scientists and S7000 CONGRESSIONAL RECORD — SENATE June 26, 1996 military people. But I think the Sen- ratio did not favor the offense, it did No country is going to put the control ator asked some wonderful questions, not favor the first strike—if we both of warheads and dismantle warheads in and it is our responsibility here to- had single warhead weapons. But if we front of what it perceives to be its own night to make sure our colleagues un- had MIRV’d weapons, and they were national security. We would not, and I derstand this is not foreign aid. vulnerable on a first strike and you think it is not realistic for us to expect Mr. WARNER. Mr. President, let me could take 10 warheads and destroy 100 them to completely demilitarize. press on with another question, per- warheads by MIRVing and having them I would say, though, that one of the haps the most troublesome one cer- moved to different targets, then every- original provisions of the Nunn-Lugar tainly from this Senator’s standpoint, body was on more of an alert hair trig- amendment that has been certified by and that is, what do I say to the Amer- ger. the President over and over again is ican taxpayer in reply to the following. So the effort of U.S. arms control, be- that the Russians are living up to their It is my understanding as a member of ginning really with Senator Jackson’s arms control obligations, and that is a the Armed Services Committee that amendment in this Chamber back in requirement of this amendment. If we Russia continues to develop and deploy SALT I, was to move towards de- find that they are breaching the arms a new generation of land-based ICBM’s, MIRVing and getting rid of the Soviet control obligations, then the money is follow-on to the SS–25, first. Second, very heavy missiles. not supposed to be forthcoming. They Russia is pursuing a new generation of That is what the Russians are now either are in compliance or the Presi- sea-launched ballistic missiles, follow- building, is the SS–25, a single-warhead dent has to certify that they are in- on to the SSN–20, second. Third, our in- missile. It would be the ultimate para- tending to be in compliance, as in the telligence community forecasts that dox if we told them, after all these case of the CFE Treaty where we know the Russians are developing a new sub- years arguing with them and getting there have been problems, and so forth, marine for the purposes of sea- them to move toward that weapon, but where they are moving forward. launched ballistic missiles. that we now expect them not to de- There are occasions where the Rus- Now, by comparison, the United MIRV and not to replace. That is a re- sians do things with this equipment States currently has no plans for any placement missile for the de-MIRVing that we loan them that we think follow-on strategic systems—land- that we hope is going to take place breach the spirit of the agreement, and based, sea-based, not a one. Money is a under START I and START II. in those instances that have come to fungible product. Money in Russia in I would prefer that nobody in the my attention where that has happened, the defense budget goes to these pro- world have weapons but us, but that is where we have gotten in touch with grams. How do we answer to the Amer- not the real world. I would say if you them and we have complained about it, ican taxpayer, why are they pursuing look at the U.S. expenditures in these they have taken immediate and correc- their modernization program and the areas the Senator has named compared tive steps on it. United States is not, and yet we will be to the Russian expenditures now, our So we have to be vigilant. We have to called upon for these significant ex- expenditures overwhelm them both in be alert. We have to make sure that we penditures to hopefully pursue and con- submarines and submarine warfare and understand all the time what is hap- tinue the demilitarization of a number classified programs, as well as in our pening here, but again, while this win- of their strategic programs? That is a overall strategic deterrent. dow is open, I think it is very much in question with which I conclude to- I think that is appropriate because our fundamental national security in- night’s debate with my colleagues. we have a responsibility all over the terest to pursue it. Mr. NUNN. I say to my friend from world, our allies. We do not have any The bottom line, as I mentioned a Virginia, that is a very good question, longer the same equation we had then. few minutes ago, is that we have had and the American people have every The Russians have cut back very sub- thousands of warheads dismantled. We right to get an answer to that question. stantially. I do not defend some of the have had thousands of missiles that First of all, this program is much expenditures they are making. For in- were pointed at the United States and more broader than Russia, and we are stance, we are very concerned about our cities and our targets which are no encouraging in this amendment that it the underground facility. That has longer pointed toward us. We have had be broadened beyond the four former come out in the paper. I do not know a tremendous decrease in the risk of nuclear States, primarily to be focused the answer to that, and we are probing nuclear war, and we have had three nu- on Kazakstan, Ukraine, Belarus, and that now, as we should. But I would clear states give up their nuclear weap- Russia, but we think, for instance, the still say that we are gaining when we ons voluntarily. border States with Iran and the south- can get the Russians to take down In addition to that, we had ern tier of Russia are very important weapons that are aimed towards us. Kazakhstan basically get in touch with in terms of border control, in terms of I do not think the goal of this legisla- us and tell us they had some weapons- lab work. They may not have nuclear tion can be or should be realistically to grade uranium, highly enriched, that weapons now but the know-how and the say to the Russians that we expect they would like to have us help them chemical weapons and those kinds of them to completely demilitarize. They store safely and move out of that terri- technologies are there. have been a great power. One of these tory. That could have been sold for bil- So, first of all, it is not just Russia. days they will be a great power again. lions of dollars in places all over the It is much broader than that. I do not think that is in the cards. I globe. We use this Nunn-Lugar funding Second, I would say to the Senator do think we can demand they use the to help secure that, and that is no from Virginia that, as he well knows, funds wisely, that we can demand that longer a threat. the whole thrust of American arms as long as we are giving them assist- So I would say if we stop right now control efforts for years was to get the ance, they be used for their purpose. and put up a scorecard of how much we Russians, then the Soviet Union, to de- And I think we can measure that pur- basically improved our national secu- MIRV, to get rid of the multiple war- pose in a way to make sure it is in our rity compared to the amount of money heads and move to single warhead national security interest. we have spent, it would be my view, weapons. That was what we ended up I see this as self-interest. If someone and I may be biased on this one—I do getting in START I and START II says, well, if the Russians were not get- not think too biased, though—that this under the two Republican Presidents, ting these funds, then perhaps they would be the most effective defense ex- President Reagan and President Bush. would have to use their funds they are penditure we have had in many years. That was the subject of an awful lot now using to build SS–25’s or sub- Mr. WARNER. Mr. President, I thank of debate on the MX, as you know. We marines for these purposes and thereby my distinguished colleague. It is a de- felt that MIRV’d warheads had a not build SS–25’s and submarines. I bate he and I have had, I think, for chance of basically being used in a first think that would be very unlikely, about 3 years. On this very spot on the strike, whereas single-warhead mis- based on anything I know about not floor in years past, I posed this ques- siles, if you used one of them and you just Russian history but about the his- tion. basically would be going after another tory of any country, because no coun- I also mentioned, for the RECORD, we single-warhead missile, therefore the try is going to completely demilitarize. well know the United States, likewise, June 26, 1996 CONGRESSIONAL RECORD — SENATE S7001 has destroyed a number of its missile The PRESIDING OFFICER. The assistance to DOD ammunition depots launchers and so forth. But all at the clerk will report. in order for them to retool so that they expense of the American taxpayer. The legislative clerk read as follows: can produce a commercial product I just want to close out my com- The Senator from Virginia [Mr. WARNER], while maintaining the industrial ca- ments tonight reading from a very in- for Mr. PRESSLER, for himself and Mr. pacity to support the National Secu- teresting document called ‘‘Worldwide DASCHLE, proposes an amendment numbered rity Strategy. By producing commer- Submarine Proliferation in the Coming 4350. cial and defense products, the depots Decade.’’ The amendment is as follows: are able to utilize any excess infra- Today, for the first time, Russia’s front- On page 311, between lines 9 and 10, insert structure and operate more efficiently. line submarines are as quiet or quieter in the following: Since the initiation of this program some aspects than America’s best. Programs SEC. 1072. SENSE OF CONGRESS ON NAMING ONE several years ago, it has been a re- to provide still further reductions in radi- OF THE NEW ATTACK SUBMARINE ated noise are active today and expected to markably successful defense conver- THE ‘‘SOUTH DAKOTA’’. sion program. continue. By the year 2000, over half the re- It is the sense of the Congress that the maining submarines in Russia will have in- Secretary of the Navy should name one of Mr. President, the Committee rec- corporated stealth technologies on a par the new attack submarines of the Navy the ommended an authorization of $58.0 with those of modern Western submarines, ‘‘South Dakota’’. million for this program this year. and 20 percent of Russia’s nuclear-powered While this should be sufficient author- attack submarines will be quieter than the Mr. WARNER. Mr. President, if I might inquire of staff, what is the defi- ity to continue the program, this U.S. Navy’s front-line improved Los Angeles amendment would ensure that there is class SSN’s. nition of a new class of submarine? Is it the current 688’s or Seawolf class? no question regarding this authority. That, to me, represents a tremendous Mr. President, I ask my fellow Sen- expenditure of money. I do not know What is the new attack submarine? I think we ought to lay this aside until ators to support the ARMS program what the threat is, other than I sup- and vote to approve this amendment. pose to our U.S. submarine force, to re- we get clarification. Being one who follows carefully mat- Mr. NUNN. Mr. President, I urge sup- quire them to pursue that much ex- port of the amendment. penditure in an area where the United ters of this nature, I suggest we lay this amendment aside and take it up Mr. WARNER. I urge its adoption. States has been preeminent for these The PRESIDING OFFICER. Without many years. later. I urge the sponsors of the amend- ment to advise the managers with re- objection, the amendment is agreed to. Mr. President, I have no further ques- The amendment (No. 4351) was agreed spect to the meaning of the phrase tions at this time to propose to my dis- to. ‘‘new class of submarines,’’ because tinguished colleagues. Therefore, I ob- Mr. NUNN. Mr. President, I move to that could apply to the 688 class being serve perhaps the debate on this reconsider the vote. completed, the Seawolf class, the con- amendment has concluded, and the Mr. WARNER. I move to lay that mo- templated class of new attack sub- Senate could now turn to conclusion of tion on the table. wrapup matters. Would that be cor- marines which are the subject of dis- The motion to lay on the table was rect? cussion. agreed to. Mr. NUNN. I certainly think so. I ap- I think we will just await a further AMENDMENT NO. 4352 preciate very much the questions and time. I withdraw from further consider- (Purpose: To require a transfer to the Army comments of the Senator from Virginia ation the amendment. The PRESIDING OFFICER. Amend- of jurisdiction over certain lands in the this evening. Perhaps the Chair would Vernon Ranger District, Kisatchie Na- like to make further remarks in an- ment No. 4350 is laid aside. tional Forest, Louisiana) swer to these questions, because no one AMENDMENT NO. 4351 Mr. NUNN. Mr. President, on behalf has more knowledge in these areas (Purpose: To extend the authority of the of Senators JOHNSTON and BREAUX, I than the Senator from Indiana, who is Secretary of the Army to carry out the Ar- offer an amendment that would direct now presiding. mament Retooling and Manufacturing the Secretary of Agriculture to trans- Support (ARMS) initiative) Other than that, I think we are pre- fer 85,000 acres of the national forest in Mr. WARNER. Mr. President, I offer pared to basically dispose of the Louisiana to the Secretary of the an amendment which extends the De- amendments. Army for use in connection with train- partment of Defense authority to con- Mr. WARNER. I will be happy to take ing and maneuver activities in connec- duct the armament retooling and man- the Chair if the Presiding Officer cares tion with Fort Polk, LA. to speak. ufacturing support initiative for past I believe this amendment has been The PRESIDING OFFICER. The fiscal year 1996. cleared on the other side of the aisle. Chair observes there have been impor- The PRESIDING OFFICER. The Mr. WARNER. The Senator is cor- tant questions and excellent responses, clerk will report. rect. and suggests we proceed on to wrapup. The legislative clerk read as follows: The PRESIDING OFFICER. The Mr. NUNN. I thank the Chair. The Senator from Virginia [Mr. WARNER] clerk will report. Mr. WARNER. Mr. President, at this proposes an amendment numbered 4351. time I advise my distinguished col- The legislative clerk read as follows: Mr. WARNER. Mr. President, I ask The Senator from Georgia [Mr. NUNN], for league there are several amendments unanimous consent that reading of the on the pending bill, which I believe Mr. JOHNSTON, for himself and Mr. BREAUX, amendment be dispensed with. proposes an amendment numbered 4352. have been cleared and can be acted The PRESIDING OFFICER. Without The amendment is as follows: upon by the Senate, if the Senator objection, it is so ordered. from Georgia is prepared to proceed. At the end of subtitle C of title XXVIII, The amendment is as follows: add the following: AMENDMENT NO. 4350 At the end of subtitle B of title I, add the SEC. 2828. LAND TRANSFER, VERNON RANGER (Purpose: To express the sense of the Congres following: DISTRICT, KISATCHIE NATIONAL that the Secretary of the Navy should SEC. 113. PERMANENT AUTHORITY TO CARRY FOREST, LOUISIANA. name one of the new attack submarines of OUT ARMS INITIATIVE. (a) TRANSFER PURSUANT TO ADMINISTRA- the Navy the ) South Dakota Section 193(a) of the Armament Retooling TIVE AGREEMENT.—(1) Not later than six Mr. NUNN. Mr. President, I believe and Manufacturing Support Initiative Act of months after the date of the enactment of we are ready to proceed. The first 1992 (subtitle H of title I of Public Law 102– this Act, the Secretary of the Army and the amendment I have, I believe, is the 484; 10 U.S.C. 2501 note) is amended by strik- Secretary of Agriculture shall enter into an Pressler-Daschle amendment. ing out ‘‘During fiscal years 1993 through agreement providing for the transfer to the Mr. WARNER. That is correct. On be- 1996,’’ and inserting in lieu thereof ‘‘During Secretary of the Army of administrative ju- half of Senators PRESSLER and fiscal years 1993 through 1998’’. risdiction over such portion of land cur- rently owned by the United States within DASCHLE, I offer an amendment that Mr. WARNER. Mr. President, I rise the Vernon Ranger District of the Kisatchie would express the sense of Congress to offer this amendment to extend the National Forest, Louisiana, as the Secretary that a submarine, one of the new at- Armament Retooling and Manufactur- of the Army and the Secretary of Agri- tack submarine class, should be named ing Support [ARMS] Initiative. The culture jointly determine appropriate for the South Dakota. ARMS program is intended to provide military training activities in connection S7002 CONGRESSIONAL RECORD — SENATE June 26, 1996 with Fort Polk, Louisiana. The agreement retary of the Army and the Secretary of Ag- Polk for rotational training in infantry shall allocate responsibility for land man- riculture shall manage the property in ac- maneuvers and joint operations. This agement and conservation activities with re- cordance with the management plan under involves special operation training, spect to the property transferred between subparagraph (B) and the memorandum of counterinsurgency operations, live fire, the Secretary of the Army and the Secretary understanding under subparagraph (C). of Agriculture. (B)(i) For purposes of managing the prop- brigade defense, and brigade counter- (2) The Secretary of the Army and the Sec- erty under this paragraph, the Secretary of attack. The training received is retary of Agriculture may jointly extend the the Army shall, with the concurrence of the unique, not only because of the terrain deadline for entering into an agreement Secretary of Agriculture, develop a plan for at Fort Polk, with its tree-covered under paragraph (1). The deadline may be ex- the management of the property not later grassy areas which are indigenous to tended by not more than six months. than two years after the transfer of the prop- western Louisiana, but the total real- (b) ALTERNATIVE TRANSFER REQUIRE- erty. The Secretary of the Army shall pro- ism this sort of training provides. Even MENT.—If the Secretary of the Army and the vide for a period of public comment in devel- to the extent that there is a complete Secretary of Agriculture fail to enter into oping the plan in order to ensure that the the agreement referred to paragraph (1) of concerns of local citizens are taken into ac- field hospital set up to attend to simu- subsection (a) within the time provided for count in the development of the plan. The lated wounds and casualties. Our sol- in that subsection, the Secretary of Agri- Secretary of the Army may utilize the prop- diers are given a certain level of com- culture shall, at the end of such time, trans- erty pending the completion of the plan. fort, knowing that if they are injured fer to the Secretary of the Army administra- (ii) The Secretary of the Army shall de- in combat, that they will be evacuated tive jurisdiction over property consisting of velop and implement the plan in compliance and receive treatment, quickly and ef- approximately 84,825 acres of land currently with applicable Federal law, including the ficiently. owned by the United States and located in provisions of the National Environmental Mr. President, I am proposing this the Vernon Ranger District of the Kisatchie Policy Act of 1969 (42 U.S.C. 4321 et seq.). National Forest, Louisiana, as generally de- (iii) The plan shall provide for the manage- amendment to increase the land area of picted on the map entitled ‘‘Fort Polk Mili- ment of the natural, cultural, and other re- Fort Polk, which will enable the Joint tary Installation map’’, dated June 1995. sources of the property, including grazing, Readiness Training Center to train and (c) LIMITATION ON ACQUISITION OF PRIVATE the management of wildlife and wildlife maneuver over a larger land area. This PROPERTY.—The Secretary of the Army may habitat, recreational uses (including hunting is crucial to the continued usefulness acquire privately-owned land within the and fishing), and non-public uses of non-Fed- of Fort Polk. property transferred under this section only eral lands within the property. Some may ask, why is it necessary to with the consent of the owner of the land. (C)(i) For purposes of managing the prop- provide additional land to Fort Polk? (d) USE OF PROPERTY.—(1) Subject to para- erty under this paragraph, the Secretary of graph (2), the Secretary of the Army shall the Army and the Secretary of Agriculture The answer, Mr. President, is fairly use the property transferred under this sec- shall enter into a memorandum of under- simple. tion for military maneuvers, training and standing in order to provide for— Fort Polk has a requirement for addi- weapons firing, and other military activities (I) the implementation of the management tional maneuver training lands to sup- in connection with Fort Polk, Louisiana. plan developed under subparagraph (B); and port its mission of conducting joint (2) The Secretary may not permit the fir- (II) the management by the Secretary of readiness training for Army rotational ing of live ammunition on or over any por- Agriculture of such areas of the property as units as well as maintaining the com- tion of the property unless the firing of such the Secretary of the Army and the Secretary ammunition on or over such portion is per- bat readiness of units permanently of Agriculture designate for use for non-mili- home stationed at Fort Polk. Fort mitted as of the date of the enactment of tary purposes. this Act. (ii) The Secretary of the Army and the Polk and the JRTC currently have ac- (e) MAP AND LEGAL DESCRIPTION.—(1) As Secretary of Agriculture may amend the cess to 40,000 acres of Forest Service soon as practicable after the date of the memorandum of understanding by mutual land under an intensive-use permit but transfer of property under this section, the agreement. need additional access to the 45,000 Secretary of Agriculture shall— (g) REVERSION.—If at any time after the acre limited-use permit parcel below it (A) publish in the Federal Register a notice transfer of property under this section the containing the legal description of the prop- to meet its training requirements. Secretary of the Army determines that the The total of 85,000 acres will enable erty transferred; and property, or any portion thereof, is no longer (B) file a map and the legal description of to be retained by the Army for possible use the JRTC to conduct its primary mis- the property with the Committee on Energy for military purposes, jurisdiction over the sion—training infantry soldiers. and Natural Resources, the Committee on property, or such portion thereof, shall re- Longer range weapons and sensors are Agriculture, Nutrition, and Forestry, and vert to the Secretary of Agriculture who changing the nature of land warfare. the Committee on Armed Services of the shall manage the property, or portion there- Greater ranges are now covered by a Senate and the Committee on Resources, the of, as part of the Kisatchie National Forest. smaller force. A brigade will now ma- Committee on Agriculture, and the Commit- (h) IDENTIFICATION OF LAND FOR TRANSFER neuver in the space once used by a divi- TO FOREST SERVICE.—The Secretary of De- tee on National Security of the House of sion. Our military must keep abreast of Representatives. fense shall seek to identify land equal in (2) The maps and legal descriptions pre- acreage to the land transferred under this these changes, to maintain the utmost pared under paragraph (1) shall have the section and under the jurisdiction of the De- efficiency and to protect our troops in same force and effect as if included in this partment of Defense that is suitable for the event of real combat. subsection, except that the Secretary of Ag- transfer to the Secretary of Agriculture for Some have raised concerns about how riculture may correct clerical and typo- use by the Forest Service. the Army would manage this new acre- graphical errors in the maps and legal de- Mr. JOHNSTON. Mr. President, it is age. I submit that it would be substan- scriptions. with a great sense of urgency that I tially similar to how Fort Polk is cur- (3) As soon as practicable after the date of the enactment of this Act, copies of the speak today with my good friend, the rently managed, in full compliance maps and legal descriptions prepared under Senator from Louisiana [Mr. BREAUX], with all laws and regulations. The paragraph (1) shall be available for public in- to bring to the attention of my col- Army has forest and land management spection in the following offices: leagues an extremely important issue plans for the Forest Service land it (A) The Office of the Secretary of Agri- in my State of Louisiana. currently uses. When the transfer of culture. Mr. President, since 1991, Fort Polk, land occurs, the Army will comply (B) Such offices of the United States For- Leesville, LA has been home to the with all applicable Federal laws includ- est Service as the Secretary of Agriculture Army’s Joint Readiness Training Cen- ing NEPA. All existing land uses for shall designate. ter, or the JRTC, and to elements of fish and wildlife, hunting, cultural and (C) The Office of the Commander of Fort Polk, Louisiana. the Second Armored Cavalry Regi- natural resources management, for- (D) The appropriate office in the Vernon ment. Fort Polk has the only combat estry operations as well as private Parish Court House, Louisiana. training center in the continental holdings will be followed. (f) MANAGEMENT OF PROPERTY.—(1) If the United States dedicated to light infan- Fort Polk is a good neighbor and transfer of property under this section oc- try training. The National Training steward of the natural resources they curs under subsection (a), the Secretary of Center at Fort Irwin, CA, provides a manage. The fort has received a non- the Army and the Secretary of Agriculture somewhat comparable service to our jeopardy opinion for both their recov- shall manage the property in accordance ery plan and their training plan regard- with the agreement entered into under that men and women who train for armored subsection. units combat. ing the red-cockaded woodpecker. In (2)(A) If the transfer of property under this Each year, some 50,000 soldiers, sail- less than 3 years the woodpecker popu- section occurs under subsection (b), the Sec- ors, airmen, and marines arrive at Fort lation has almost doubled. Fort Polk June 26, 1996 CONGRESSIONAL RECORD — SENATE S7003 manages the forest using an ecosystem sources it needs to properly train our several awards for its conservation and management approach rather than a Armed Forces to the highest level of preservation efforts around the JRTC. commercial approach, i.e., the goal is readiness. Additionally, if this transfer occurs, to maximize a balanced ecology, not I ask unamious consent a letter from the Army would comply with all appli- profit. The fort has reduced sediment the Deputy Assistant Secretary of the cable Federal laws including National loading, mapped all wetlands, and is in Army to Mr. Lauffer of the Committee Environmental Policy Act [NEPA]. compliance with the Clean Water and on Armed Services, be printed in the This amendment would give the For- Scenic Stream Act. RECORD. est Service and the Army 6 months to The fort is also a State Wildlife Man- There being no objection, the letter sit down and try to negotiate a trans- agement Area whose hunting seasons was ordered to be printed in the fer. Ideally, we would like this issue to are adjusted to take into account RECORD, as follows: be solved administratively and have training rotations. These practices will DEPARTMENT OF THE ARMY, both sides sit down and try to figure continue on the expansion area. An his- OFFICE OF THE ASSISTANT SECRETARY, out a way to work this out. But if that toric preservation plan has been com- Washington, DC, June 19, 1996. can’t happen, this amendment would pleted and protection for known sites GEORGE W. LAUFFER, Deputy Staff Director, Committee on Armed automatically transfer the land. The is in place. Curation facility meets Services, U.S. Senate, Washington, DC. JRTC can’t wait a decade for this im- State standards. DEAR MR. LAUFFER: The Department of the portant transfer to happen. Addition- The fort is the winner of numerous Army supports the legislation proposed by ally, the Secretary of Defense will seek environmental awards: Louisiana Asso- Senator J. Bennett Johnston, ‘‘To require a to identify an equal number of acres, ciation of Conservation Districts Good transfer to the Army of jurisdiction over cer- not required for military use, for con- tain lands in the Vernon Range District, Land Use Award—first time awarded to veyance to the Forest Service in ex- a Federal facility. Second place win- Kisatchie National Forest, Louisiana.’’ The transfer would provide the Army with great- change for this land. We also provide ner, Secretary of Defense Natural Re- er flexibility in accomplishing its training that if the Army no longer needs the sources Conservation Award. U.S. En- mission at Fort Polk, Louisiana. land, it would be transferred back to vironmental Protection Agency, Re- Sincerely, the Forest Service. gion VI Beneficial Re-Use Award. Na- PAUL W. JOHNSON, All existing land uses for fish and tional Park Service, Southeast Region Deputy Assistant Secretary of the Army wildlife, hunting, and forestry oper- (Installations and Housing) OASA (I, L&E). Preservation Award. Environmentalist ations would remain. Mr. BREAUX. Mr. President, I rise of the Year, Dr. Charles H. Stagg, Fort I have also heard from private land- today in support of the amendment I Polk, LA. owners who are concerned about the Let me go over some of the provi- offered with Senator JOHNSTON trans- impact the transfer would have on sions of this amendment. Our amend- ferring acreage in the Kisatchie Na- them. Our amendment tries to address ment would provide 6 months for the tional Forest to the Army at Fort this concern by prohibiting the Army Army and the Forest Service to come Polk, LA. Fort Polk has a requirement from expropriating any private prop- to an agreement on transfer of all or for additional maneuver training lands erty in the forest. The Army would some portion of this property. The 6 to support its mission of conducting still be able to enter into negotiations months may be extended by another 6 joint readiness training for Army rota- with willing sellers but could not con- months, by mutual agreement. The tional units as well as maintaining the demn any private land. land transfers automatically if no combat readiness of units permanently agreement can be reached between the home stationed at Fort Polk. Fort To address the concerns of these USDA and the Army. Polk, home of the Joint Readiness groups and others, this amendment The amendment does not allow for Training Center [JRTC], is very impor- also provides for a period of public any live firings on transferred land, ex- tant to the Nation’s overall military comment when the Army develops a cept on that land currently used for readiness and national security. It is management plan to ensure that the that purpose. It directs the Depart- the only place in the world where light concerns of the local citizens are taken ment of the Army to develop a manage- infantry brigades are trained as a unit, into account. ment plan, and provides for the return complete with Air Force, Navy, and While there is some opposition to of the property to the Agriculture De- Marine Corps units. Between 50,000 and this transfer, there is also widespread partment if the land is no longer used 64,000 troops are trained at Fort Polk support for it from the local commu- by the Army for training purposes. The every year. This amendment will en- nities. The transfer has been endorsed legislation would prohibit the Army able Fort Polk to expand its training by the city councils in Leesville, from condemning any private exercises while continuing its unique DeRidder, Pineville, Many, Alexandria inholdings. mission of providing our troops the and Natchitoches, Beauregard Parish, This amendment has strong, broad best training possible. the Vernon Parish Chamber of Com- support. The Army supports this initia- At the JRTC, our troops participate merce, and the Vernon Parish School tive. There is overwhelming civic sup- in training scenarios that help prepare Board. They understand that if the port, as the following communities and them for all type of missions, including Army doesn’t get this additional land, legislative bodies have passed resolu- combat, and the terrain in the the future of Fort Polk and the sur- tions supporting the transfer: Louisi- Kisatchie Forest provides our troops rounding communities could be af- ana State Legislature; Vernon Parish, ideal training area for this purpose. We fected. The fort has an annual eco- the local parish; Beauregard Parish; as need to ensure that Fort Polk’s unique nomic impact in Louisiana of approxi- well as the surrounding communities of role in training our soldiers continues. mately $720 million. Leesville, De Ridder, Alexandria, Pine- Our goal is to train our troops effec- Mr. President, the bottom line is ville, Many, and Natchitoches. tively and in an environmentally sen- that our Army needs to train its infan- Mr. President, Fort Polk is very im- sitive way. This is an important point. try brigades in the most realistic man- portant to Louisiana and to the Na- Some concerns have been about the en- ner possible. The time for our soldiers tion’s overall military readiness and vironmental impact this transfer would to prepare for combat and other situa- the Louisiana delegation overwhelm- have but if you look at the Army’s tions is during training at the JRTC, ingly supports the transfer. The land record over the past 5 years, this criti- not while in harms way. The additional transfer is critical to the fort’s mis- cism is unfounded. Fort Polk is a good land we are seeking will give the JRTC sion, light infantry training, and its fu- neighbor and steward of the natural re- the resources it needs to properly train ture. The U.S. Army needs to train its sources they manage. Fort Polk has re- our Armed Forces and make them infantry brigades in the most realistic ceived a nonjeopardy opinion for both ready to meet military challenges manner possible. The time for our sol- their recovery plan and their training when they arise. diers to learn from their mistakes is plan regarding the red-cockaded wood- As importantly, we authorize this while at the Joint Readiness Training pecker on the JRTC. In less than 3 transfer with conditions attached Center, not while in harm’s way. Addi- years the woodpecker population has which are sensitive to environmental tional land will give the JRTC the re- almost doubled. Fort Polk has also won and private property owners’ needs. I S7004 CONGRESSIONAL RECORD — SENATE June 26, 1996 thank Senator JOHNSTON for his leader- (e) DESCRIPTION OF PROPERTY.—The exact islation, the airport parcel would be el- ship and I urge adoption of the amend- acreage and legal description of the real igible for conveyance to the Columbus ment. property to be conveyed under subsection (a) Municipal Airport Authority as a pub- The PRESIDING OFFICER. Without shall be determined by a survey satisfactory lic benefit conveyance. The amend- to the Federal official making the convey- objection, the amendment is agreed to. ance. The cost of the survey shall be borne ment now accomplishes the goal of a The amendment (No. 4352) was agreed by the Authority. public benefit conveyance, under condi- to. (f) ADDITIONAL TERMS AND CONDITIONS.— tions of a satisfactory Federal screen, Mr. WARNER. Mr. President, I move The Federal official making the conveyance without affecting the sale of the indus- to reconsider the vote. of property under subsection (a) may require trial property. It is also my under- Mr. NUNN. I move to lay that motion such additional terms and conditions in con- standing that this amendment will not on the table. nection with the conveyance as such official alter the fact that the Air Force is lia- The motion to lay on the table was considers appropriate to protect the inter- ble for the environmental remediation ests of the United States. agreed to. of the site. AMENDMENT NO. 4353 Mr. DEWINE. Mr. President, this I am pleased to work with Senator (Purpose: To authorize a land conveyance, amendment provides for the transfer of DEWINE on this amendment, and I con- Air Force Plant No. 85, Columbus, OH) 240 acres from the U.S. Air Force to the gratulate him for offering it. Mr. WARNER. Mr. President, on be- Port Columbus International Airport. Mr. WARNER. I urge adoption of the half of Senator DEWINE, I offer an The Columbus Airport Authority is amendment. amendment which would authorize the seeking this transfer for the purpose of The PRESIDING OFFICER. Without conveyance of approximately 240 acres constructing a new 10,250-foot south objection, the amendment is agreed to. from the former Air Force Plant No. 85 runway. This amendment has been The amendment (No. 4353) was agreed to the Columbus, OH, airport author- cleared by both the majority and mi- to. ity. nority side of the Armed Services Com- Mr. NUNN. Mr. President, I move to I believe this amendment has been mittee, the Air Force, and the General reconsider the vote. cleared. Services Administration. Mr. WARNER. I move to lay that mo- Mr. NUNN. It has been cleared. I urge I am pleased that Senator GLENN tion on the table. the approval of the amendment. I urge joins me in offering this amendment to The motion to lay on the table was its adoption. facilitate this public benefit convey- agreed to. The PRESIDING OFFICER. The ance. AMENDMENT NO. 4354 clerk will report. Mr. GLENN. Mr. President, I rise to (Purpose: To delete $25,000,000 from the The legislative clerk read as follows: endorse the amendment offered by my North Atlantic Treaty Organization Secu- rity Investment Program; to add $6,600,000 colleague from Ohio, Senator DEWINE, The Senator from Virginia [Mr. WARNER], for phase II construction of the Consoli- for Mr. DEWINE, proposes an amendment and I ask unanimous consent that I be dated Education Center at Fort Campbell, numbered 4353. added as an original cosponsor. This KY; and to add $10,800,000 for phase III con- The amendment is as follows: amendment conveys to the Columbus struction of the Western Kentucky Train- At the end of title XXVIII, add the follow- Municipal Airport Authority approxi- ing Site) ing: mately 240 acres of land owned by the Mr. NUNN. Mr. President, I believe SEC. 2828. LAND CONVEYANCE, AIR FORCE PLANT Air Force. This parcel is part of an Air the next amendment will also have an NO. 85, COLUMBUS, OHIO. Force industrial facility which has op- amendment to it by Senator WARNER (a) CONVEYANCE AUTHORIZED.—(1) Notwith- erated at the site for a number of on behalf of Senator MCCAIN. standing any other provision of law, the Sec- years. In 1988 during consideration of On behalf of Senator FORD, I offer an retary of the Air Force may instruct the Ad- the fiscal year 1989 Defense authoriza- amendment which would delete $25 ministrator of General Services to convey, tion bill, Congress directed that the en- without consideration, to the Columbus Mu- million for the NATO Security Invest- nicipal Airport Authority (in this section re- tire parcel of more than 400 acres be ment Program, to add $6.6 million for ferred to as the ‘‘Authority’’) all right, title, sold, and the proceeds from the sale be phase II construction of the Consoli- and interest of the United States in and to a used to pay for the environmental re- dated Education Center at Fort Camp- parcel of real property, together with im- mediation of the property. bell, KY; and $10.8 million for phase 3 provements thereon, at Air Force Plant No. As a result of the 1988 legislation, the of the construction of the Western Ken- 85, Columbus, Ohio, consisting of approxi- Air Force and the General Services Ad- tucky Training Site. mately 240 acres that contains the land and ministration entered into an agree- The PRESIDING OFFICER. The buildings referred to as the ‘‘airport parcel’’ ment to sell the property in 1992, with in the correspondence from the General clerk will report. Services Administration to the Authority GSA acting as the Government’s prop- The legislative clerk read as follows: dated April 30, 1996, and is located adjacent erty manager. However, the Air Force The Senator from Georgia [Mr. NUNN], for to the Port Columbus International Airport. and its contractors continued to use Mr. FORD, proposes an amendment numbered (2) If the Secretary does not have adminis- the facility until 1994. During this 4354. trative jurisdiction over the parcel on the time, GSA made a determination after The amendment is as follows: date of the enactment of this Act, the con- consulting with State and local au- In the table in section 2101(a), strike out veyance shall be made by the Federal official thorities, that it would be in the best the item relating to Fort Campbell, Ken- who has administrative jurisdiction over the interest of all parties to divide the par- tucky, and insert in lieu thereof the follow- parcel as of that date. ing: (b) REQUIREMENT FOR FEDERAL SCREEN- cel into two pieces—a so-called indus- ING.—The Federal official may not carry out trial parcel and an airport parcel. GSA Kentucky ...... Fort Campbell $67,600,000 the conveyance of property authorized in is currently marketing the industrial subsection (a) unless the Federal official de- parcel and expects to complete the sale Strike out the amount set forth as the termines, in consultation with the Adminis- later this year. Since 1994 necessary ac- total amount at the end of the table in sec- trator of General Services, that no depart- tion 2101(a), and insert in lieu thereof tions, such as consultations with other ‘‘$363,050,000’’. ment or agency of the Federal Government Federal and DOD agencies, the State of will accept the transfer of the property. In section 2104(a), in the matter preceding Ohio Historical Preservation Office and (c) CONDITION OF CONVEYANCE.—The con- paragraph (1), strike out ‘‘$1,894,297,000’’ and veyance required under subsection (a) shall some needed environmental remedi- insert in lieu thereof ‘‘$1,900,897,000’’. be subject to the condition that the Author- ation, have occurred. In section 2104(a)(1), strike out ity use the conveyed property for public air- When this amendment was originally ‘‘$356,450,000’’ and insert in lieu thereof port purposes. ‘‘$363,050,000’’. brought to my attention, I had some In section 2502, strike out ‘‘$197,000,000’’ (d) REVERSION.—If the Federal official concerns. In particular, I was con- and insert in lieu thereof ‘‘$172,000,000’’. making the conveyance under subsection (a) cerned that the amendment would dis- In section 2601(1)(A), strike out determines that any portion of the conveyed rupt the planned sale of the industrial ‘‘$79,628,000’’ and insert in lieu thereof property is not being utilized in accordance ‘‘$90,428,000’’. with subsection (c), all right, title, and inter- parcel. I was also concerned that the est in and to such portion shall revert to the airport parcel be screened for other Mr. FORD. Mr. President, I have an United States and the United States shall Federal interest. It is my understand- amendment that will provide $6.6 mil- have immediate right of entry thereon. ing that in the absence of the 1988 leg- lion for phase two construction of the June 26, 1996 CONGRESSIONAL RECORD — SENATE S7005 Consolidated Education Center at Fort Congress that the project is included in the military construction projects. Once Campbell, KY and provide $10.8 million current future-years defense program. again, I rise to speak in opposition to for phase three construction of the (b) COVERED PROJECTS.—Subsection (a) ap- this on-going practice. The amendment plies to the following military construction Western Kentucky Training Site. project: offered by the Senator from Kentucky Not only are the costs of my amend- (1) Phase II, Construction, Consolidated would add additional funds for phase II ments fully offset, but I know my col- Education Center, Ft. Cambpell, KY. of an Education Center at Fort Camp- leagues will agree that because these (2) Phase III, Construction, Western Ken- bell and phase III of the Western Ken- two projects are already underway and tucky Training Site. tucky Training Range for the Army because they represent an integral part Mr. MCCAIN. Mr. President, as my National Guard. I would like to voice of the training of our troops, continued colleagues know, I have consistently my opposition to this amendment and funding is both appropriate and nec- opposed funding for military construc- express my support for the Chairman of essary. tion projects that were not requested the Readiness Subcommittee’s second This Congress has already invested by the administration and which do degree amendment which would require $14.5 million into phase one of Fort not meet the Senate’s criteria for con- the Secretary of Defense to certify that Campbell’s Education Center. Funding sideration of unrequested military con- these projects are in the military serv- for the final phase, phase two, will pro- struction projects. ices’ Future Years Defense Plan vide additional needed classrooms, of- Let me reiterate the criteria to (FYDP) before obligating the construc- fice space, and additional parking. As which the Senate agreed 2 years ago. tion funds. many of you may know, Fort Campbell Each project not included in the ad- During the Committee’s markup of has the largest educational program of ministration’s budget request is judged the defense authorization bill, the two any division-level installation in against four criteria, namely: (1) it is projects addressed in the amendment Forces Command. Funding for this last mission essential; (2) it is not incon- were screened by the services to deter- phase will assure we can take a state- sistent with any BRAC actions; (3) it is mine if the projects met the Commit- of-the-art education program out of executable during the fiscal year; and tee’s criteria. The services indicated, World War II-era buildings. (4) it is included in the Future Years at that time, that the projects were In addition, this Congress has dedi- Defense Program (FYDP). In addition, not in the FYDP. However,, I under- cated funds to the first two phases of there should be a reduction in some stand that different information re- the Western Kentucky Training Site other defense program to offset the in- garding these projects has been made for a total of $11.1 million. Because this creased funding for each project. available to the Committee. Given the is a five-phase project, providing fund- The bill before the Senate includes conflicting data on these projects, I be- ing for phase three is critical to keep- $600 million for unrequested military lieve it is appropriate, as the Senator ing this project on time and on track construction projects which, for the from Arizona’s amendment would re- for completion. most part, meet the first four criteria. quire, for the Secretary of Defense to The Western Kentucky training facil- However, none of these projects were certify information on these projects ity, in conjunction with the high-tech- funded by an offsetting reduction in before the funds are released. nology training available at Fort Knox, some other defense account. Therefore, As I have stated before, I will con- puts Kentucky at the forefront of this they do not meet all of the Senate’s es- tinue to work with the Chairman of the country’s military training. Last year, tablished criteria. Readiness Subcommittee to reverse the 16,000 soldiers trained there. But those The amendment offered by my col- practice of adding millions of dollars to numbers represent just the beginning league from Kentucky, Senator FORD, the budget for unrequested projects. in a long line of soldiers who will re- as originally proposed, does not meet Mr. WARNER. I ask unanimous con- ceive the best state-of-the-art training all five criteria. The amendment does sent to have the second-degree amend- this country has to offer. include an offsetting reduction in an- ment adopted as well as the underlying I believe this is an amendment my other defense account, which makes it amendment. colleagues will have no trouble sup- unique among the projects included in The PRESIDING OFFICER. Without porting. this bill. But according to information objection, the amendments are agreed AMENDMENT NO. 4355 TO AMENDMENT NO. 4354 provided to the Committee by the De- to. (Purpose: To provide that funds may not be partment of Defense, the project is not The amendment (No. 4355) was agreed obligated or expended for the project if the included in the current FYDP. to. project is not included in the current fu- I am pleased to note, however, that The amendment (No. 4354), as amend- ture-years defense program of the Depart- my colleague from Kentucky, Senator ed, was agreed to. ment of Defense) FORD, has agreed to accept an amend- Mr. NUNN. Mr. President, I move to Mr. WARNER. I send to the desk on ment to his amendment. The second- reconsider the vote. behalf of Senator MCCAIN an amend- degree amendment would prohibit obli- Mr. WARNER. I move to lay that mo- ment to the Ford amendment, to pro- gation of the funds for this project tion on the table. vide the funds may not be obligated or until the Secretary of Defense certifies The motion to lay on the table was expended until the Secretary of De- that the project is in the FYDP. If that agreed to. fense certifies to Congress that the certification is received, the project AMENDMENT NO. 4356 projects are included in current future- will then meet all five of the Senate’s (Purpose: To amend section 2821, relating to years defense program. criteria, and the funds will become the transfer of lands at Arlington National The PRESIDING OFFICER. The available to proceed with the project. Cemetery, VA, in order to place conditions clerk will report. Mr. President, subject to the condi- on the transfer of certain lands) The legislative clerk read as follows: tions stated in the modified amend- Mr. NUNN. Mr. President, on behalf The Senator from Virginia [Mr. WARNER], ment, I have no objection to including of Senators ROBB and WARNER, I offer for Mr. MCCAIN, proposes an amendment this military construction project in an amendment which would modify numbered 4355 to amendment No. 4354. the authorization bill. I appreciate section 2821 of S. 1745 to require the The amendment is as follows: very much the opportunity to work Secretaries of the Interior and the At the end of the amendment, add the fol- with my colleague from Kentucky. His Army to submit summaries of the land- lowing: willingness to work together to resolve use plan, environmental assessment At the end of title XXVII, add the follow- this matter is greatly appreciated, and and cultural resources studies regard- ing: I thank him for his understanding of ing the land transfer at Arlington Cem- SEC. 2706. PROHIBITION ON USE OF FUNDS FOR my position with respect to military etery. CERTAIN PROJECTS. construction add-ons. I believe this amendment has been (a) PROHIBITION.—Notwithstanding any Mr. GLENN. Mr. President, members other provision of this Act, no funds author- cleared on the other side. ized to be appropriated by this Act may be of this chamber have heard the Chair- Mr. WARNER. The Senator is cor- obligated or expended for the military con- man of the Readiness Subcommittee rect. struction project listed under subsection (b) and me speak on several occasions in The PRESIDING OFFICER. The until the Secretary of Defense certifies to opposition to funding unrequested clerk will report. S7006 CONGRESSIONAL RECORD — SENATE June 26, 1996 The legislative clerk read as follows: President. I am a cosponsor of this expeditionary forces of the U.S. Army The Senator from Georgia [Mr. NUNN], for amendment. I believe it has been and Marine Corps. Both services are in Mr. ROBB, for himself, and Mr. WARNER, pro- cleared on the other side of the aisle. strong agreement on the need for pro- poses an amendment numbered 4356. Mr. WARNER. The Senator is cor- tection against short- to medium-range The amendment is as follows: rect. ballistic missiles and the full spectrum Strike out subsection (a) of section 2821 The PRESIDING OFFICER. The of air-breathing threats—aircraft, and insert in lieu thereof the following new clerk will report. cruise missiles, and unmanned aerial subsection (a): The legislative clerk read as follows: vehicles. The urgency of the need for (a) REQUIREMENT FOR SECRETARY OF INTE- The Senator from Georgia [Mr. NUNN], for MEADS is testified to by the support of RIOR TO TRANSFER CERTAIN SECTION 29 Mr. LIEBERMAN, for himself, and Mr. NUNN, the Commanders-in Chief of Central LANDS.—(1) Subject to paragraph (2), the proposes an amendment numbered 4357. Secretary of the Interior shall transfer to Command, Atlantic Command, Korean the Secretary of the Army administrative ju- The amendment is as follows: Command and of course, the European At the end of subtitle C of title II add the risdiction over the following lands located in Command/NATO. These operational following: section 29 of the National Park System at commanders, as well as, the Com- Arlington National Cemetery, Virginia: SEC. 237. CORPS SAM/MEADS PROGRAM. mandant of the Marine Corps and the (a) FUNDING.—Of the amount authorized to (A) The lands known as the Arlington Na- Chief of Staff of the Army are all on tional Cemetery Interment Zone. be appropriated under section 201(4)— (1) $56,200,000 is available for the Corps sur- the record documenting the urgency of (B) All lands in the Robert E. Lee Memo- face-to-air missile (SAM/Medium Extended the requirement for this system. rial Preservation Zone, other than those Air Defense System (MEADS) program It should be noted that this oper- lands in the Preservation Zone that the Sec- (PE63869C); and retary of the Interior determines must be re- ational need will only become greater (2) $515,711,000 is available for Other Thea- tained because of the historical significance with time. Estimates of future threats ter Missile Defense programs, projects, and of such lands or for the maintenance of near- include the increasing ability of both activities (PE63872C). by lands or facilities. major and lesser powers, as well as, (b) INTERNATIONAL COOPERATION.—The Sec- (2)(A) The Secretary of the Interior may retary of Defense may carry out the program substate actors, to acquire and utilize not make the transfer referred to in para- referred to in subsection (a) in accordance the rapidly accessible and increasingly graph (1)(B) until 60 days after the date on with the memorandum of understanding en- affordable ballistic and cruise missile which the Secretary submits to the Commit- tered into on May 25, 1996, by the govern- tee on Armed Services of the Senate and the technologies against our forward de- ments of the United States, Germany, and Committee on National Security of the ployed units. Italy regarding international cooperation on House of Representatives— The operational need for MEADS has such program (including any amendments to (i) a summary of the document entitled been made clear by our allies. In addi- the memorandum of understanding). ‘‘Cultural Landscape and Archaeological tion to our partnership with Germany (c) LIMITATIONS.—Not more than $15,000,000 Study, Section 29, Arlington House, The of the amount available for the Corps SAM/ and Italy, in developing a theater mis- Robert E. Lee Memorial’’; MEADS program under subsection (a) may sile defense system, for forward de- (ii) a summary of any environmental anal- be obligated until the Secretary of Defense ployed, mobile forces, other nations ysis required with respect to the transfer submits to the congressional defense com- have expressed a strong interest in pur- under the National Environmental Policy mittees the following: Act of 1969 (42 U.S.C. 4321 et seq.); and chasing such a system to meet their (1) An initial program estimate for the own security requirements. (iii) the proposal of the Secretary and the Corps SAM/MEADS program, including a Secretary of the Army setting forth the I must repeat this most essential tentative schedule of major milestones and point: no other planned theater missile lands to be transferred and the general man- an estimate of the total program cost ner in which the Secretary of the Army will through initial operational capability. defense system can satisfy operational develop such lands after transfer. (2) A report on the options associated with requirements with respect to defending (B) The Secretary of the Interior shall sub- the use of existing systems, technologies, soldiers and marines deployed in the mit the information required under subpara- and program management mechanisms to forward area of the theater. graph (A) not later than October 31, 1997. satisfy the requirement for the Corps sur- (3) The transfer of lands under paragraph The MEADS system has additional face-to-air missile, including an assessment (1) shall be carried out in accordance with advantages other than this most im- of cost and schedule implications in relation the Interagency Agreement Between the De- portant operational requirement. It is to the program estimate submitted under partment of the Interior, the National Park the most cost-effective approach to paragraph (1). Service, and the Department of the Army, (3) A certification that there will be no in- meeting the operational requirements Dated February 22, 1995. crease in overall United States funding com- for forward coverage in the theater. (4) The exact acreage and legal descrip- mitment to the project definition and valida- Two U.S. industry teams, Hughes/ tions of the lands to be transferred under tion phase of the Corps SAM/MEADS pro- Raytheon and Lockheed/Martin/Loral, paragraph (1) shall be determined by surveys gram as a result of the withdrawal of France satisfactory to the Secretary of the Interior have been awarded contracts to partici- from participation in the program. and the Secretary of the Army. pate in the first phase of the program, Mr. LIEBERMAN. Mr. President, I Mr. NUNN. I urge adoption of the largely because their proposals effec- would like to propose an amendment to amendment. tively leverage technology used in cur- The PRESIDING OFFICER. Without S. 1745 in order to correct an issue with rent surface to air and air to air mis- objection, the amendment is agreed to. important national security implica- sile systems. Both of the U.S. indus- The amendment (No. 4356) was agreed tions. Development of the corps-level trial teams propose a system architec- to. surface to air theater missile defense ture based on proven components and Mr. WARNER. Mr. President, I move system, called the Medium Extended technology. to reconsider the vote by which the Air Defense System [MEADS] is ad- The program is further leveraged by amendment was agreed to. versely affected by the current legisla- participation of two key Allies, Italy Mr. NUNN. I move to lay that motion tion. Unless the corrections, which I and Germany. Both countries require a on the table. will describe in a moment, are made, modern system to replace their aging The motion to lay on the table was the current provisions will likely halt HAWK systems. As a footnote, there agreed to. the development of this important pro- are 22 additional nations currently em- AMENDMENT NO. 4357 gram. ploying HAWK. Those other users will (Purpose: To authorize funding for the Corps First, let me address the necessity require a replacement system during surface-to-air missile (SAM/Medium Ex- for MEADS. There are currently under the next decade. Both partner coun- tended Air Defense System (MEADS) pro- development a number of theater mis- tries provide technical capabilities gram at the level requested by the Presi- sile defense systems. However, no sys- that significantly enhance the MEADS dent) tem, except for MEADS, protects front- Program’s access to the world’s best Mr. NUNN. Mr. President, I send to line troops in the corps’ maneuver technology. the desk an amendment by Senator area. Hence, MEADS will fulfill an ex- As a result of the leveraging of tech- LIEBERMAN from Connecticut that isting, urgent U.S. operational require- nology and the significant contribu- would authorize funding for the Corps ment for a rapidly deployable, highly tions of Italy and Germany, the United surface-to-air missile, known as Corps mobile, robust air defense system de- States funding requirement for system SAM, at the level requested by the signed to protect maneuver forces and development has been reduced from the June 26, 1996 CONGRESSIONAL RECORD — SENATE S7007 original $3.1 Billion baseline estimate pability is a unilateral one. The United offset by reducing funding in a catch- to about $1.7 Billion. This accounting States needs this capability now, and all program entitled ‘‘Other Theater of costs does not include the revenue would need to fund now, with or with- Missile Defense programs, projects, and and employment benefits that will ac- out Allied participation. The benefits activities.’’ crue due to the expected high demand of the partnership are clear. Also, the The amendment ensures that the for the purchase of this system. higher percentage of costs now as- United States complies with her obli- Given all of these benefits, the cur- sumed by the United States also means gations under the international agree- rent bill does two disruptive things to an accompanying higher percentage of ment between the United States, Ger- the MEADS development program. It revenues gained from the sale of the many, and Italy. By doing so, we bol- reduces the program authorization by weapon system to U.S. Allies. ster our credibility among our allies, $10.8 millions and it prohibits the Unit- Paradoxically, restructuring of the while maintaining the existence and ef- ed States from contributing above 50 program will actually reduce the U.S. fectiveness of an important defense de- percent of the funding among her al- cost for the PD/V phase of the program velopment program for our front-line lies. On the face of it, these bill items by $4 million, despite the percentage troops. do not seem very damaging. However, change that I just described. With the Mr. NUNN. I urge adoption of the the international nature of the pro- pull-out of France, the participating amendment. gram makes these problems quite dam- nations have adjusted the scope of the The PRESIDING OFFICER. Without aging. The difficulties in the current program so that the costs for the devel- objection, the amendment is agreed to. bill are due, I believe, to costing as- opment phase are reduced. The reasons Mr. WARNER. Mr. President, I move sumptions that are no longer valid. are reduced duplication and to reconsider the vote by which the The biggest change from last year’s au- redundancies, and the elimination of amendment was agreed to. thorization bill is the withdrawal of French-unique program requirements Mr. NUNN. I move to lay that motion France from the international agree- which are not demanded by the other on the table. ment. However, the bill appears to participating countries. The motion to lay on the table was have inadvertently placed cost con- Because MEADS is the first major agreed to. straints on the MEADS project as if system new start the United States has AMENDMENT NO. 4358 France were still in the agreement. Let attempted as a cooperative program in (Purpose: To prohibit certain actions relat- me now lay out some of the adverse some time, it has received a great deal ing to the reorganization of the Army consequences of the current bill’s lan- of attention around the world. Our ROTC pending a report on the Army ROTC) guage. friends and allies see MEADS as the Mr. WARNER. Mr. President, on be- First, the proposed $10.8 million re- litmus test of U.S. resolve to carry half of Senators THURMOND, FORD, SAR- duction in authorizations for fiscal through on our promise to improve our BANES, BREAUX, DOMENICI, SANTORUM, year 1997 will mean greater overall record in armaments cooperation. HOLLINGS, WARNER, and JOHNSTON, I costs to the U.S. for developing MEADS demonstrates that our defense offer an amendment that would pro- MEADS in the project definition-vali- industry can work in concert with the hibit the Secretary of the Army from dation phase of the project. This is due defense industries of other nations. closing any Reserve officer training to the obvious stretching out of the de- The committee’s report sends a nega- corps units until a comprehensive velopment time period. tive signal concerning MEADS. Dif- study is complete and the results re- Second, and more importantly, Ger- ficulties in resolving this partnership ported to the Congress of the United many and Italy are committed to the will invariably impact on other future, States. MEADS Program at the highest levels international armament partnerships; The PRESIDING OFFICER. The of government. Neither country views our credibility will be damaged. Part- clerk will report. any other system as a viable alter- nerships such as JSTARS for NATO are The legislative clerk read as follows: native to meeting its national require- put at risk by the proposed actions The Senator from Virginia [Mr. WARNER], ments. As of May 28, 1996, Germany, with respect to MEADS. for Mr. THURMOND, for himself, Mr. FORD, Italy and the United States have for- The Senate Armed Services Commit- Mr. SARBANES, Mr. BREAUX, Mr. DOMENICI, mally agreed upon terms for the pro- tee recommended the program be re- Mr. SANTORUM, MR. HOLLINGS, Mr. WARNER, gram and have signed an international duced by $10.8 million, a reduction that and Mr. JOHNSTON, proposes an amendment agreement governing the initial pro- makes the program outlined in the re- numbered 4358. gram definition and validation phase of cently completed international agree- The amendment is as follows: the program. Incidently, this satisfies ment unexecutable. Given such a re- At the end of subtitle C of title V, add the the Armed Services Committee Re- duction, our Allied partners will al- following: port’s requirement for a Memorandum most certainly consider the MOU null SEC. 523. PROHIBITION ON REORGANIZATION OF of Understanding [MOU] among the Al- and void. This, in combination with the ARMY ROTC CADET COMMAND OR lies before funds are obligated. 50 percent ceiling, is very debilitating TERMINATION OF SENIOR ROTC Of course the memorandum of agree- for the success of further cooperative UNITS PENDING REPORT ON ROTC. ment just described is much different efforts. (a) PROHIBITION.—Notwithstanding any other provision of law, the Secretary of the than the one envisioned a year ago. In sum, the legislative provisions in Army may not reorganize or restructure the The withdrawal of France from the the current bill, unless corrected, will Reserve Officers Training Corps Cadet Com- partnership on MEADS means that the likely halt the international agree- mand or terminate any Senior Reserve Offi- United States cannot meet the 50 per- ment on MEADS, halt MEADS develop- cer Training Corps units identified in the In- cent ceiling on funding, required in the ment, and cause other international formation for Members of Congress concern- committee report, given the previously cooperative defense efforts to become ing Senior Reserve Officer Training Corps agreed upon percentages among the Al- suspect. (ROTC) Unit Closures dated May 20, 1996, lies on burden sharing. The restructur- I believe the amendment that I am until 180 days after the date on which the proposing will address these issues Secretary submits to the congressional de- ing—resulting from the withdrawal of fense committees the report described in France—results in cost shares, now, of while also addressing the Armed Serv- subsection (b). 60 percent for the United States, 25 per- ices Committee’s very valid concerns (b) REPORT.—The report referred to in sub- cent for Germany, and 15 percent for that cost overruns not emerge from the section (a) shall— Italy. Previously planned on percent- program. Instead of limitations on per- (1) describe the selection process used to ages were: 50 percent for United States, centages with respect to burden shar- identify the Reserve Officer Training Corps 20 percent for Germany, 10 percent for ing among the allies, I propose a spend- units of the Army to be terminated; Italy, and 20 percent for France. All ing cap, as outlined in the amendment. (2) list the criteria used by the Army to se- This spending cap meets the rightful lect Reserve Officer Training Corps units for countries in the international agree- termination; ment have picked up some of the bur- concerns of the SASC that costs be (3) set forth the specific ranking of each den that was once assigned to France. controlled in the development of unit of the Reserve Officer Training Corps of At this point, I must make clear that MEADS. The $10.8 million put back the Army to be terminated as against all the requirement for the Corps SAM ca- into the program in this amendment is other such units; S7008 CONGRESSIONAL RECORD — SENATE June 26, 1996 (4) set forth the authorized and actual were being terminated, their answer to our country and our Army that future cadre staffing of each such unit to be termi- was the requirements for commissioned commissioned officers understand and rep- nation for each fiscal year of the 10-fiscal officers has decreased and therefore the resent the regional values of the soldiers year period ending with fiscal year 1996; number of ROTC programs must be re- that they will lead in the various compo- (5) set forth the production goals and per- nents of the Total Army. formance evaluations of each Reserve Officer duced. Although that answer may be As described in the attached fact sheet, our Training Corps unit of the Army on the clo- rationale, the Army could not provide ROTC program has made a threefold enroll- sure list for each fiscal year of the 10-fiscal me with the criteria for selecting the ment increase in the last three years and has year period ending with fiscal year 1996; ROTC programs to be terminated. every expectation of fulfilling the requisite (6) describe how cadets currently enrolled My amendment would require the enrollment and commissioning goals in the in the units referred to in paragraph (5) will Army to provide a report detailing the future. We have initiated several dynamic be accommodated after the closure of such selection criteria and other informa- programs to improve recruiting and reten- units; tion. (7) describe the incentives to enhance the tion to justify the closure of the 31 I understand that shrinking defense re- Reserve Officer Training Corps program that ROTC units in 20 States. It would fur- sources will require the closure of several are provided by each of the colleges on the ther require the Army to wait 180 days other regional ROTC programs to include closure list; and after submitting the report before ini- Southeast Missouri University and the Uni- (8) include the projected officer accession tiating any action to reorganize the versity of Tennessee at Martin. Given our plan by source of commission for the active- ROTC Program. historic support of ROTC, close proximity to duty Army, the Army Reserve, and the Army Mr. President, this is a reasonable Fort Campbell, excellent ROTC support fa- National Guard. cilities, and the academic excellence of our (9) describe whether the closure of any amendment in view of the Army’s ac- tion to terminate such an important University, we could easily accommodate ROTC unit will adversely effect the recruit- students from these other schools. In fact, ment of minority officer candidates. program—a program that not only sup- we could easily become a primary commis- Mr. THURMOND. Mr. President, as ports the security of our Nation but sioning source for Army nurses, a commis- an Army ROTC Program graduate and also impacts the lives of thousands of sioned officer specialty of great demand. one who believes the program is vital America’s future leaders. I ask my Sen- I have made a personal commitment to the to the national security of our Nation, ate colleagues to show their support support of ROTC and intend to see the pro- I was disappointed to learn that the for the ROTC Program and adopt this gram flourish. I look forward to your assur- ance of commitment to this proposal. Army announced on May 20, 1996, that amendment. Mr. FORD. Mr. President, I rise in Sincerely, it will terminate the program at 31 uni- KERN ALEXANDER, versities and colleges throughout the support of Senator THURMOND’s amend- President. Nation, including two in South Caro- ment to the Defense Authorization bill Attachment. to impose a temporary moratorium on lina. FACT SHEET—REASONS TO KEEP MSU ROTC college ROTC unit closures. I expect that many of my Senate col- 1. We serve 38 counties in Western Ken- leagues have a strong affiliation for the The current guidelines will adversely tucky plus we receive a large number of stu- ROTC Program and are prepared to affect several universities across the dents from Northwest Tennessee, Southern speak to the merits of the program. I country, including Murray State Uni- Illinois, Indiana, and Southwest Missouri. believe that many would echo the com- versity in Kentucky, where the Army These students come to MSU for its high ments of Dr. Lee Vickers, the president ROTC program is schedule for closure academic standing (top quartile of small re- of Francis Marion University who de- at the end of the 1996–97 school year. gional liberal arts universities by U.S. News and World Report) as well as our rural set- scribed the need for the ROTC Program Murray State has a long and distin- guished ROTC tradition. Since its in- ting. as follows: With the closure of University of Ten- Service to one’s community and to the Na- ception in 1952, over 1,000 ROTC grad- nessee at Martin, a large portion of West tion as one of the constituent values of the uates have passed through the pro- Tennessee and Western Kentucky would be United States and one that is being heard gram. Many of those graduates went on excluded from participation in ROTC in a re- more and more frequently throughout the to serve this country with great dis- gional university. higher education community these days. tinction and honor both in times of war MSU could cover both areas meeting the What more vital service can there be than and peace. needs of rural families coupled with our bor- that discipline, skills, and service learned by Like ROTC programs across the der county agreements to provide in-state young men and young women fortunate tuition. enough to experience the leadership training country, the Army ROTC program at 2. MSU has tripled its overall enrollment of the ROTC Program? No one can easily Murray State is not only an important over the past three years. We have commis- deny the importance and the value of the component of the western Kentucky sioned nine lieutenants for the past two present and future citizen-soldiers leaders community, but of the entire armed years, project nine for the next school. En- that the ROTC Program has produced and services. And so, I urge my colleagues rollment numbers in ROTC have increased continues to produce. to support Senator THURMOND’s amend- along with the enrollment figures for the Mr. President, it troubles me that ment. University due to the faculty taking owner- Mr. President, I ask unanimous con- ship of the program and recruiting. the Army terminated programs, not 3. We have taken great strides toward at- only at Francis Marion University, but sent that a letter from the president of tracting ROTC students: also at Presbyterian College, and its Murray State University, Kern Alexan- Ten $1,000 dorm scholarships for ROTC two satellite programs at Lander Uni- der, be printed in the RECORD. scholarship students. versity and at New Berry College. Ac- There being no objection, the letter Free room for all four-year ROTC scholar- cording to U.S. News and World Report was ordered to be printed in the ship students who attend MSU. Ten guaranteed positions in our Nursing Presbyterian College ranked second RECORD, as follows: Program. among 117 regional liberal arts colleges MURRAY STATE UNIVERSITY, Due to this good rapport between ROTC in the South. A key contributor to that OFFICE OF THE PRESIDENT, and Nursing we have requested to be des- reputation has been the ROTC Program Murray, KY, June 17, 1996. ignated a Center for Nursing Excellence. which was started in 1919 with the acti- Hon. WENDELL FORD, Nursing elective credit for Nurse Summer vation of the Scottish Highlander Bat- U.S. Senate, Senate Russell Office Bldg., Training Program. Washington, DC. talion. For 77 years, ROTC has been a Academic Minor in ROTC. DEAR SENATOR FORD: The Department of Process of gaining General Education Cred- respected and integral part of campus the Army has recently announced that the it for ROTC courses. life at Presbyterian College, sending ROTC program at Murray State University Extensive promotion of ROTC in Univer- graduates to every major military will be closed at the end of the 1996/1997 sity publications, brochures, and videos. campaign since World War I. To date, school year. I am seeking your support and 4. No other class gives students the edu- Presbyterian College has graduated 14 assistance in reversing this decision. cation in leadership as does ROTC. We stress general officers and one Medal of ROTC at Murray State University is an in- oral and written communication, self-con- tegral part of our campus. With over a thou- Honor recipient and currently more fidence, and development of leadership sand graduates since 1952, our ROTC program skills. than 100 Presbyterian College grad- has a long and distinguished history. Many 5. ROTC provides between $250,000–$300,000 uates serve in uniform. of the Army officers commissioned through annually to MSU and the City of Murray in Mr. President, when I asked the our program have served their country with stipends, scholarships, salaries, and operat- Army to tell me why these programs great honor in war and peace. It is important ing and recruiting funds. This money is June 26, 1996 CONGRESSIONAL RECORD — SENATE S7009 spent in restaurants, movie theaters, MSU’s of Selected Reserve’’ after ‘‘service as a The amendment is as follows: Bookstore, electric company, gas stations, cadet or with concurrent enlisted service’’. At the end of subtitle E of title III, add the (b) AMENDMENT TO TITLE 37.—Section 205(d) and in MSU’s general accounting office for following: tuition. of title 37, United States Code, is amended by 6. ROTC attracts top notch students and striking out ‘‘that service after July 31, 1990, SEC. 368. REIMBURSEMENT UNDER AGREEMENT FOR INSTRUCTION OF CIVILIAN STU- provides national marketing for MSU by that the officer performed while serving on DENTS AT FOREIGN LANGUAGE IN- having a program on campus. Additionally, active duty’’ and inserting in lieu thereof STITUTE OF THE DEFENSE LAN- it helps attract and promotes solid academic ‘‘for service that the officer performed on or GUAGE INSTITUTE. performance in athletes and minorities. after August 1, 1979.’’. Section 559(a)(1) of the National Defense (Currently 20% female, 10% African Amer- (c) BENEFITS NOT TO ACCRUE FOR PRIOR PE- Authorization Act for Fiscal Year 1995 (Pub- ican, and 15 athletes enrolled.) RIODS.—No increase in pay or retired or re- lic Law 103–337; 108 Stat. 2776; 10 U.S.C. 4411 7. MSU has a strong tradition of providing tainer pay shall accrue for periods before the note) is amended by striking out ‘‘on a cost- officers for four state National Guard units— date of the enactment of this Act by reason reimbursable, space-available basis’’ and in- Kentucky, Tennessee, Illinois and Indiana. of the amendments made by this section. serting in lieu thereof ‘‘on a space-available Additionally, numerous officers have played Mr. BYRD. Mr. President, I propose basis and for such reimbursement (whether significant roles in the U.S. Army Reserve— an amendment that will modify Titles in whole or in part) as the Secretary consid- most notable, Major General (Retired) Lind- 10 and 37 of the United States Code. ers appropriate’’. say Freeman who was Commander of the This amendment will correct a long- The PRESIDING OFFICER. Without 100th Training Division out of Fort Knox, overlooked enlisted service period of Kentucky. objection, the amendment is agreed to. 8. Long tradition of ROTC at MSU: selected military members. This The amendment (No. 4360) was agreed Has been an academic program since 1952. amendment allows creditable service to. Commissioned over 1,039 officers. for military members who are serving, Mr. NUNN. Mr. President, I move to Produced three General officers. or have served as enlisted members of reconsider the vote by which the Mr. NUNN. I urge adoption of the our National Guard and Reserve, while amendment was agreed to, and I move amendment. also earning a commission through the to lay that motion on the table. The PRESIDING OFFICER. Without Simultaneous Membership Program The motion to lay on the table was objection, the amendment is agreed to. [SMP]. Since the program’s inception agreed to. The amendment (No. 4358) was agreed in 1979, a select number of enlisted sol- AMENDMENT NO. 4361 to. diers have not received longevity cred- (Purpose: To provide additional pension se- Mr. WARNER. Mr. President, I move it for honorably performed duty that curity for spouses and former spouses of to reconsider the vote by which the they so justly deserve. SMP cadets are civil service employees with respect to the amendment was agreed to. enlisted soldiers with contracts and military service of such employees) Mr. NUNN. I move to lay that motion service obligations, they are Mr. NUNN. Mr. President, on behalf on the table. deployable assets to their units, they of Senator MOSELEY-BRAUN, I offer an The motion to lay on the table was are military occupational service amendment which would provide that a agreed to. qualified, and they are subject to all former spouse of a military retiree AMENDMENT NO. 4359 the regulations and reviews of any whose military retired pay is part of a (Purpose: To provide service credit for serv- other enlisted soldier. this enlisted divorce settlement would continue to ice as senior ROTC cadets and midshipmen concurrent service must be creditable receive the amount of money directed in the Simultaneous Membership Program) for all purposes. I urge my colleagues by court order if the military retiree Mr. NUNN. Mr. President, on behalf to support this worthy amendment. becomes an employee of the Federal of Senator BYRD, I offer an amendment Mr. WARNER. I urge the adoption of Government and has military service which would provide service credit for the amendment. count toward Civil Service retirement longevity and pay to individuals who The PRESIDING OFFICER. Without benefits. simultaneously are senior ROTC cadets objection, the amendment is agreed to. I believe the amendment has been or midshipmen and members of the Se- The amendment (No. 4359) was agreed cleared. lected Reserve under the Simultaneous to. Mr. WARNER. The Senator is cor- Membership Program. Mr. NUNN. Mr. President, I move to rect. I believe this amendment has been reconsider the vote by which the Mr. NUNN. I urge adoption of the cleared on both sides of the aisle. I amendment was agreed to. amendment. urge the adoption of the amendment. Mr. NUNN. I move to lay that motion The PRESIDING OFFICER. The The PRESIDING OFFICER. The on the table. clerk will report. The motion to lay on the table was clerk will report. The legislative clerk read as follows: agreed to. The legislative clerk read as follows: The Senator from Georgia [Mr. NUNN], for AMENDMENT NO. 4360 The Senator from Georgia [Mr. NUNN], for Ms. MOSELEY-BRAUN, proposes an amend- (Purpose: To authorize the Secretary of the Mr. BYRD, proposes an amendment numbered ment numbered 4361. Army to accept less than full reimburse- 4359. ment of costs under the agreement for in- The amendment is as follows: The amendment is as follows: struction of civilian students at the For- At the end of subtitle D of title VI, add the At the end of subtitle A of title V add the eign Language Center of the Defense Lan- following: following: guage Institute) SEC. 636. PREVENTION OF CIRCUMVENTION OF SEC. 506. SERVICE CREDIT FOR SENIOR R.O.T.C. Mr. NUNN. Mr. President, on behalf COURT ORDER BY WAIVER OF RE- CADETS AND MIDSHIPMEN IN SI- of Senator BOXER, I offer an amend- TIRED PAY TO ENHANCE CIVIL SERVICE RETIREMENT ANNUITY. MULTANEOUS MEMBERSHIP PRO- ment which would authorize the Sec- GRAM. (a) CIVIL SERVICE RETIREMENT AND DISABIL- (a) AMENDMENTS TO TITLE 10.—(1) Section retary of the Army to accept less than ITY SYSTEM.— 2106(c) of title 10, United States Code, is full reimbursement costs under the (1) IN GENERAL.—Subsection (c) of section amended by striking out ‘‘while serving on agreement for instruction of foreign 8332 of title 5, United States Code, is amend- active duty other than for training after students at the Foreign Language Cen- ed by adding at the end the following: July 31, 1990, while a member of the Selected ter of the Defense Language Institute. ‘‘(4) If an employee or Member waives re- Reserve’’ and inserting in lieu thereof ‘‘per- I believe the amendment has been tired pay that is subject to a court order for formed on or after August 1, 1979, as a mem- cleared by the other side. which there has been effective service on the ber of the Selected Reserve’’. Mr. WARNER. That is correct, Mr. Secretary concerned for purposes of section (2) Section 2107(g) of such title is amended President. 1408 of title 10, the military service on which the retired pay is based may be credited as by striking out ‘‘while serving on active Mr. NUNN. I urge adoption of the duty other than for training after July 31, service for purposes of this subchapter only 1990, while a member of the Selected Re- amendment. if, in accordance with regulations prescribed serve’’ and inserting in lieu thereof ‘‘per- The PRESIDING OFFICER. The by the Director of the Office of Personnel formed on or after August 1, 1979, as a mem- clerk will report. Management, the employee or Member au- ber of the Selected Reserve’’. The legislative clerk read as follows: thorizes the Director to deduct and withhold (3) Section 2107a(g) of such title is amended The Senator from Georgia [Mr. NUNN], for from the annuity payable to the employee or by inserting ‘‘, other than enlisted service Mrs. BOXER, proposes an amendment num- Member under this subchapter, and to pay to performed after August 1, 1979, as a member bered 4360. the former spouse covered by the court S7010 CONGRESSIONAL RECORD — SENATE June 26, 1996 order, the same amount that would have Women married to men serving in ments to S. 1745, offered by the Select been deducted and withheld from the em- the military are often prevented from Committee on Intelligence, be consid- ployee’s or Member’s retired pay and paid to earning pensions of their own, because ered and agreed to, en bloc, and consid- that former spouse under such section 1408.’’. they must live on or near a base, trans- ered original text for the purpose of (2) CONFORMING AMENDMENT.—Paragraph (1) of such subsection is amended by striking fer from location to location, or live further amendment. ‘‘Except as provided in paragraph (2)’’ and in- overseas in order to keep their family The PRESIDING OFFICER. Without serting ‘‘Except as provided in paragraphs (2) together. These requirements lessen objection, it is so ordered. and (4)’’. job opportunities and limit job tenure. The committee amendments were (b) FEDERAL EMPLOYEES’ RETIREMENT SYS- Without working full-time, earning a agreed to. TEM.— decent salary, and spending many AMENDMENT NO. 4254 (1) IN GENERAL.—Subsection (c) of section years at a particular job, it is nearly 8411 of title 5, United States Code, is amend- (Purpose: To improve the committee impossible to secure a pension at re- amendments) ed by adding at the end the following: tirement. This amendment would pro- ‘‘(5) If an employee or Member waives re- Mr. WARNER. Mr. President, I ask vide women, divorced after many years tired pay that is subject to a court order for unanimous consent that Senator Thur- which there has been effective service on the of marriage, with a share of the pen- sion earned during that marriage. mond be allowed to modify the com- Secretary concerned for purposes of section mittee amendments in more than one 1408 of title 10, the military service on which On May 14, I introduced the ‘‘Wom- the retired pay is based may be credited as en’s Pension Equity Act of 1996,’’ as a place with amendment No. 4254; that service for purposes of this chapter only if, first step toward making pension law no further amendments be in order to in accordance with regulations prescribed by simpler and more equitable for women. the Intelligence Committee amend- the Director of the Office of Personnel Man- The bipartisan legislation begins to ments; and that the Thurmond modi- agement, the employee or Member author- tackle the problems created by a pen- fication be deemed to be agreed to. izes the Director to deduct and withhold sion system that is not designed for The PRESIDING OFFICER. Without from the annuity payable to the employee or objection, it is so ordered. Member under this subchapter, and to pay to working women, either those in the the former spouse covered by the court workforce or in the home. This amend- The amendment (No. 4254) was order, the same amount that would have ment is one piece of that legislation. deemed agreed to, as follows: been deducted and withheld from the em- In the population as a whole, women On page 219, line 11, insert ‘‘, for the Sec- ployee’s or Member’s retired pay and paid to make up 60 percent of seniors over 65— retary’s consideration,’’ after ‘‘of Defense’’. that former spouse under such section 1408.’’. but 75 percent of the elderly poor. Un- On page 223, strike out lines 1 and 2 and in- (2) CONFORMING AMENDMENT.—Paragraph married, widowed, and divorced women sert in lieu thereof the following: (1) of such subsection is amended by striking are particularly apt to be living in pov- ‘‘(a) ESTABLISHMENT.—The National Im- ‘‘Except as provided in paragraph (2) or (3)’’ erty. Nearly four times as many wid- agery and Mapping Agency is a combat sup- and inserting ‘‘Except as provided in para- port agency of the Department of Defense graphs (2), (3), and (5)’’. ows live in poverty as married women and has significant national missions. (c) EFFECTIVE DATE.—The amendments of the same age. On page 223, strike out line 17 and all that made by subsections (a) and (b) shall take ef- Too many elderly women spend their follows through page 224, line 2 and insert in fect on January 1, 1997. retirement years in poverty because lieu thereof the following: Ms. MOSELEY-BRAUN. Mr. Presi- less than one-third of all female retir- ‘‘(3) If an officer of the armed forces is ap- dent, the amendment I am offering to ees have pensions, and the majority of pointed to the position of Director under this the Department of Defense authoriza- those that do, earn less than $5,000 a subsection, the position is a position of im- tion bill would protect the military year. Women who are widowed or di- portance and responsibility for purposes of section 601 of this title and carries the grade pension benefits awarded to a spouse vorced are particularly hard hit. The current pension laws are often confus- of lieutenant general, or, in the case of an of- upon divorce in cases where the retiree ficer of the Navy, vice admiral. rolls the military pension into a civil ing and illogical, and leave widows and Mr. THURMOND. Mr. President, for service pension. divorced women without any of the The Uniformed Services Former pension benefits earned by their hus- approximately the last 7 weeks, the Spouses’ Protection Act of 1982 pro- bands over many years of marriage. It Armed Services Committee and the Se- vides that a court may only treat a is estimated that nearly 80 percent of lect Committee on Intelligence have military retirees ‘‘disposable’’ retired women who are poor as widows were been engaged in negotiations in an at- pay as marital property, and award no not poor before their husbands died. tempt to settle differences between the more than 50 percent of that amount to I am keenly aware that we must ad- two committees on a range of intel- the former spouse in a divorce. The def- dress broader issues as well. And we ligence reform measures in both the inition of disposable retired pay in- will address them. We should focus on Defense authorization bill and the In- cludes, among other deductions, a gov- making participation in private pen- telligence authorization bill. I am ernment pension. sion plans easier, and not the game of pleased to report that most of our dif- The allowed deductions can leave roulette which all too often leaves peo- ferences have been worked out. With former wives without pension benefits. ple surprised at their retirement. This regard to the Defense authorization For example, if an ex-husband leaves amendment is one step in the right di- bill, all our areas of difference have the military and enters the civil serv- rection, however, and I urge my col- been completely settled. ice, he can choose to waive his military leagues to join me in supporting this Mr. President, on May 13, 1996, S. retired pay and instead, have his mili- amendment today. 1745, the Defense authorization bill, The women, now divorced, who have tary service counted in figuring his ci- was referred to the Select Committee spent their lives married to men in the vilian retirement benefits. This leaves on Intelligence on sequential referral. military, should not spend their retire- him without military retired pay and This unprecedented action has delayed ment years in poverty because of a thus leaves his ex-wife without any of consideration of the Defense authoriza- loophole in the law. tion bill and, in my view, made it more the pension benefits she was awarded The PRESIDING OFFICER. Without difficult to work out sound com- by the court. objection, the amendment is agreed to. This amendment would merely re- The amendment (No. 4361) was agreed promises in a timely manner. Although quire the transfer of the court award to to. I have been clear and consistent in ex- the Government retirement system at Mr. NUNN. Mr. President, I move to pressing my willingness to negotiate, I the same time as the military retire- reconsider the vote by which the have made it equally clear that I would ment credits are transferred to the amendment was agreed to. not be coerced into accepting bad com- Government retirement system. Mr. WARNER. I move to lay that mo- promises simply because the Defense A woman’s access to pension income tion on the table. authorization bill had been taken hos- determines, in no small part, the kind The motion to lay on the table was tage. of life she will live in her older years. agreed to. The Intelligence Committee reported For a former military spouse, her ac- COMMITTEE AMENDMENTS OF THE SELECT S. 1745 out of committee on June 11, cess to her husband’s pension can mean COMMITTEE ON INTELLIGENCE, EN BLOC 1996, with a series of proposed amend- the difference between poverty and se- Mr. WARNER. Mr. President, I ask ments. With three relatively minor ex- curity. unanimous consent that the amend- ceptions, I support the Intelligence June 26, 1996 CONGRESSIONAL RECORD — SENATE S7011 Committee’s amendments. With regard sions’’ to make absolutely clear that it the Intelligence Authorization Act for to the three areas where I do not agree serves more than tactical military op- fiscal year 1997, S. 1718, reflect the con- with the Intelligence Committee’s erations. clusions this committee has reached amendments, we have nonetheless Second, the Intelligence Committee through 6 years of efforts aimed at worked out agreements. It is my inten- proposes a waiver of the cap on three making the U.S. intelligence commu- tion to offer three perfecting amend- star general officers for the director of nity operate more effectively, more ef- ments to the package of Intelligence the National Imagery and Mapping ficiently, and with greater accountabil- Committee amendments. These have Agency, if the director is a military of- ity in light of the significant changes been cleared with the Intelligence ficer. The Armed Services Committee in the world over the last decade. In Committee. Overall, therefore, I be- has a long standing position in opposi- 1994, this effort led Congress, at the lieve that we have an acceptable agree- tion to providing waivers to this cap urging of Senator WARNER, Senator ment. for defense agency heads. Senator GRAHAM, and others, to establish a Let me briefly describe the three NUNN and I simply propose to eliminate Commission on the Roles and Capabili- areas that are the subject of the this waiver, while leaving the Intel- ties of the U.S. Intelligence Commu- amendment that I will offer along with ligence Committee’s language regard- nity—the ‘‘Aspin-Brown Commis- Senator NUNN. ing the director otherwise unchanged. sion’’—to conduct a ‘‘credible, inde- The Intelligence Committee amend- Mr. President, given that the amend- pendent, and objective review’’ of U.S. ment would strike several sections ment offered by Senator NUNN and my- intelligence. The Commission was from the Defense authorization bill self is agreed to between the two com- given a deadline of March 1, 1996, with that do not relate directly to the Na- mittees, it would be my recommenda- the expectation that its report would tional Imagery and Mapping Agency. It tion that the Intelligence Committee inform a legislative debate resulting in also would insert a new section 906 re- amendment, as modified also be adopt- enactment of needed changes during lating to the role of the Director of ed. I believe that Senator NUNN and I this Congress. Central Intelligence in the appoint- have proposed reasonable and justifi- Armed with the Commission’s report ment and evaluation of the heads of able adjustments to the Intelligence and enlightened by the committee’s certain intelligence agencies within Committee amendment. It is my inten- own examination, including numerous the Department of Defense. With one tion to oppose any effort to undermine hearings, briefings, and interviews, the exception, I do not oppose these the agreements that have been reached Select Committee on Intelligence changes. The amendment offered by between the two committees, either on voted on April 24, 1996, to report S. 1718, the Intelligence Authorization myself and Senator NUNN would modify the floor or in conference. Act for fiscal year 1997, containing a the Intelligence Committee language Mr. SPECTER. Mr. President, the Se- number of measures to improve policy having to do with performance evalua- lect Committee on Intelligence has guidance to the intelligence commu- tions. In my view the Director of been engaged over the last year in an nity, strengthen the DCI’s ability to Central Intelligence should not be in intense examination of the Intelligence Community and its role in the post- manage the community on behalf of all the business of writing performance intelligence consumers, and enhance cold-war world. The Intelligence Au- evaluations for the heads of defense the ability of the Congress and the thorization Act for fiscal year 1997 re- agencies. The DCI himself has con- American public to ensure that the se- flects the conclusions of the Commit- firmed that this would be inappropri- crecy necessary for the conduct of in- tee and its proposals for renewal and ate. The alternative that Senator NUNN telligence does not prevent the vigi- and I have offered would allow the DCI reform of U.S. intelligence and I hope lance and oversight necessary for an ef- to provide input for consideration by the Senate will have an opportunity to fective democracy. The Armed Services the Secretary of Defense in preparation vote on these proposals in the near fu- Committee took the bill on a 30-day se- for his annual evaluations of the De- ture. Similarly, the National Defense quential referral as they have done fense Department intelligence agency Authorization Act for fiscal year 1997, every year since the establishment of heads. This would make it clear that as reported by the Armed Services the Select Committee on Intelligence. the authority to write such evaluations Committee contained a number of in- On May 13, the Armed Services Com- resides with the Secretary of Defense, telligence reform provisions, including mittee reported out S. 1745, the Na- but that the views of the DCI must be authorization for a major reorganiza- tional Defense Authorization Act for taken into account. tion of the intelligence community fiscal year 1997, which included a num- The amendment offered by the Intel- through the creation of a new agency, ber of provisions for intelligence reor- ligence Committee makes a number of the National Imagery and Mapping ganization, including the creation of a changes to the Armed Services Com- Agency, as well as a number of provi- new national imagery agency and a mittee’s reported legislation establish- sions directly conflicting with the new structure for military intelligence ing the National Imagery and Mapping committee’s efforts this year to make under a Director of Military Intel- Agency. For the most part, these substantial improvements in the man- ligence [DMI]. The bill also included a changes are the product of agreements agement and operation of U.S. intel- number of other provisions that di- that we have reached with the Select ligence activities. In order to consider rectly conflicted with the reform at- Committee over the last few weeks, these provisions in the context of our tempts of the Intelligence Committee with two exceptions. I will briefly de- overall reform effort, the Intelligence contained in S. 1718. The Intelligence scribe these areas and the changes that Committee sought referral of the De- Committee requested referral of the the Thurmond/Nunn amendment will fense bill, pursuant to the Committee’s bill to consider these intelligence pro- make. charter, Senate Resolution 400. visions, pursuant to section 3(b) of Sen- First, the Intelligence Committee After careful review, including exten- ate Resolution 400, which provides for would strike the reference in the estab- sive discussions and negotiations at referral to the Committee of any legis- lishment clause to the National Im- the staff and member level with the lation containing provisions within its agery and Mapping Agency being a Armed Services Committee and with jurisdiction for up to thirty days, not combat support agency. Since there are the Director of Central Intelligence, counting days on which the Senate is ambiguities regarding this issue in the Deputy Secretary of Defense, and not in session. title 10 of the United States Code, and the Vice Chairman of the Joint Chiefs DISCUSSIONS WITH ARMED SERVICES COMMITTEE since the Department of Defense and of Staff, the committee voted to report During the weeks of negotiations the Joint Chiefs of Staff have insisted the bill with amendments on June 11— that followed, the Intelligence Com- on NIMA being a combat support agen- well before the expiration of the 30 mittee agreed to a number of changes cy, the amendment that I am offering days of session allotted in Senate Reso- in S. 1718 to address concerns raised by with Senator NUNN will restore the lan- lution 400 for consideration upon refer- the Armed Services Committee about guage on combat support to the estab- ral. protecting the equities of the Sec- lishment clause. Our amendment would PRIOR COMMITTEE ACTION retary of Defense and the Joint Chiefs also clarify that the new agency will These amendments to the National of Staff. Notwithstanding that the ob- also have ‘‘significant national mis- Defense Authorization Act, along with jective of the reform provisions in S. S7012 CONGRESSIONAL RECORD — SENATE June 26, 1996 1718 was to improve the quality of in- Armed Services report S. 1718 with omy Act, which take places regularly telligence provided to all consumers, amendments that reflected the consen- when one agency performs a function including the Department of Defense, sus and one remaining area of disagree- of common concern on behalf of an- the Armed Services Committee did not ment. The next week, on June 11, the other agency for reasons of efficiency want any change that might diminish Intelligence Committee reported and effectiveness. In addition, our the current authority of the Secretary S.1745, the DOD Authorization bill, amendments mandate a larger and of Defense, who now controls about 85 with amendments that similarly re- more formal role for the DCI in the ap- percent of the intelligence community flected the compromises reached with pointment and evaluation of the heads budget. The Intelligence Committee is Armed Services Committee. Subse- of the key national agencies: NSA, concerned that the current arrange- quently, the Armed Services Commit- NRO, and the new NIMA. ment, under which the Director of tee proposed some changes to our As I have noted, the Committee fo- Central Intelligence is responsible for amendments, which we agreed to. cused a good deal of effort on the provi- ensuring the nations intelligence needs The area of disagreement that re- sions in the DOD bill that establish a are met effectively and efficiently yet mains is a provision in the Intelligence new National Imagery and Mapping has direct authority over only the bill that gives the DCI the ability to Agency—NIMA. Our amendments add CIA—which represents only a small make adjustments in the allocation of statutory language giving the DCI portion of the intelligence budget—has funds within the National Foreign In- clear authority to set imagery collec- led to problems. One clear example is telligence Program (NFIP) during the tion requirements and priorities, and to resolve conflicts among priorities. the recent revelations regarding sev- fiscal year to meet unexpected intel- In addition, the Committee worked out eral billion dollars at the National Re- ligence needs. Director Deutch, along language with Armed Services to en- connaissance Office (NRO) in funds with all former DCI’s who testified be- sure that NIMA’s mission as stated in that were never expended and were car- fore the Committee, publicly supported its establishment clause includes both ried forward year after year. this enhanced authority as important combat support and its significant na- As the current DCI John Deutch, who to effective management of the na- tional missions. Finally, our Commit- was formerly Deputy Secretary of De- tional intelligence community. The tee had concerns with the changes fense, testified on April 24, DCI has the authority today to make the initial allocations within the NFIP Armed Services had made to the provi- [t]he Deputy Secretary of Defense has got sions relating to the appointment and a tremendous set of issues covering a much in formulating the budget. However, larger range of resources—10 times—manag- when unforeseen requirements arise status of the Director of NIMA as ing ten times the resources * * * of the during the fiscal year and funds are worked out by the Administration. Our whole intelligence community. So to say available from a lower priority intel- amendments restore the balance ini- that you are going to go to the deputy—and ligence activity, the DCI does not have tially proposed by providing that (1) I am not talking about personalities—and the authority to transfer those funds the Director of NIMA can be either a say to the Deputy Secretary of Defense, why unless the affected agency head does civilian or a military officer; and (2) didn’t you catch this, he’s going to say, well, that the Secretary of Defense must ob- I count on the DCI to keep track of this and not object. S. 1718 contained a provi- sion to enhance the DCI’s authority by tain the concurrence of the DCI, or to let the Secretary of Defense know. So in note the non-concurrence of the DCI, some sense, if we are going to say that the shifting the burden to the affected Director of Central Intelligence does not agency to convince the President or his when recommending an individual to view himself or herself as being responsible designee that the transfer is unwar- the President for appointment as Di- for the NRO, fundamentally nobody will be. ranted. The Armed Services Committee rector of NIMA. The past few weeks have not been The Director of Central Intelligence objected to giving the DCI this author- easy, but I believe they have produced is in a unique position to balance the ity and amended S. 1718 to delete the cost and effectiveness of intelligence a good outcome for U.S. intelligence provision. and the nation and, based on assur- programs throughout the government. With the exception of this re- ances that the leadership of the Armed It makes sense to hold this person re- programming issue, the Committee be- Services Committee will do likewise, I sponsible for ensuring that the various lieves the consensus reached by the wish to state my commitment to join- elements of the intelligence commu- two committees preserves significant ing my colleagues in supporting nity are more responsive to this na- elements of the reform effort and sig- prompt disposition of both bills, oppos- tional objective then to parochial, turf- nificantly enhances the ability of the ing any effort to undermine the agree- driven goals that too often typify bu- DCI to manage intelligence activities. ments we have struck, and fully sup- reaucracies. Yet he lacks the authority In addition, the Committee is com- porting the Senate positions in our re- needed to accomplish this objective, fortable that, with the changes agreed spective conferences. particularly with regard to the intel- upon, the DCI will have the ability to Mr. KERREY. Mr. President, the bill ligence elements within the Depart- ensure that a new National Imagery the Senate is now considering, S. 1745, ment of Defense. The DCI can be given and Mapping Agency will be responsive the National Defense Authorization enhanced authority without removing to the needs of all national customers. Act for fiscal year 1997, raises many is- the elements of the intelligence com- Specifically, the amendments we sues essential to our national security. munity from the various agencies in have agreed upon to the National De- None are more important, however, which they reside or interfering with fense Authorization Act will strike than the Intelligence Committee’s the ability of those agency heads to provisions that were in direct conflict amendments regarding renewal and re- manage their departments, i.e., with- with the reform efforts in the Intel- form of the Nation’s intelligence appa- out creating a ‘‘Department of Intel- ligence Authorization Act, a number of ratus, intended to enable that appara- ligence.’’ The reform provisions in the which would have seriously hampered tus to respond effectively to the secu- Intelligence Authorization Act for Fis- the ability of the Intelligence Commu- rity threats of today and tomorrow. cal Year 1997 were designed to accom- nity to function even under existing The amendments under consideration plish this goal. mechanisms. For example, our amend- were added to the bill when the Select This fundamental difference of opin- ments strike a prohibition on any non- Committee on Intelligence considered ion over the need to strengthen the au- DOD employee obligating DOD funds. it on sequential referral. All of these thority of the DCI to match his respon- This provision, apparently intended to amendments have been accepted by the sibility as the overall manager of US ensure the DCI did not gain any addi- Senate Armed Services Committee dur- intelligence made reaching consensus tional budget execution authority, ing the course of negotiations between with the Armed Services Committee would have restricted non-DOD em- our two committees regarding the in- over its provisions in the DOD bill and ployees detailed to DOD intelligence telligence provisions in S. 1745 and in the provisions in the Intelligence bill agencies, such as NRO, from managing S. 1718, the Intelligence Authorization difficult. However, both sides made ac- contracts or performing numerous Act for fiscal year 1997. commodations and ultimately resolved other tasks they now commonly per- I would like to make special mention all but a few issues, agreeing to form. It also would have interfered of the Intelligence Committee’s pro- changes in both bills. On June 6, the with transfers of funds under the Econ- posed amendments to the provisions of June 26, 1996 CONGRESSIONAL RECORD — SENATE S7013 S. 1745 relating to the new National 10 to title 50, where they are more ap- this formulation because it emphasizes Imagery and Mapping Agency, or propriately placed since they relate to that NIMA has two equally important NIMA. NIMA would be created by con- the authorities of the DCI rather than functions: combat support and support solidating nearly a dozen agencies or the organization of the Department of for national missions. offices within the Department of De- Defense. Our Committee also had concerns re- fense and the Central Intelligence The committee was also concerned garding the provisions relating to the Agency, including the Defense Mapping that, as reported by the Armed Serv- appointment and status of the Director Agency, the Central Imagery Office, ices Committee, the very first provi- of NIMA. The legislative package CIA’s National Photographic Interpre- sion relating to NIMA in S. 1745 would drafted by the Administration to cre- tation Center, into a single agency have stated that NIMA ‘‘is a combat ate NIMA provided that (1) the Direc- within the Department of Defense. The support agency of the Department of tor of NIMA could be either a civilian creation of NIMA will reduce Defense.’’ The term ‘‘combat support or a military officer; and (2) that the redundancies in the processing and agency’’ was first used in the Gold- Secretary of Defense must obtain the analysis of imagery, ensure more chal- water-Nichols Department of Defense concurrence of the DCI, or note the lenging career opportunities for those Reorganization Act of 1986 to describe non-concurrence of the DCI, when rec- in the imagery and mapping fields, and certain DOD agencies that have war- ommending an individual to the Presi- create an important synergy between time support functions and that are dent for appointment as Director of mapping and imagery—allowing maps subject to periodic review by the Chair- NIMA. As reported by the Armed Serv- to leave the paper and attain all the man of the Joint Chiefs with respect to ices Committee, S. 1745 would have re- benefits of today’s digital technology. their combat readiness. The four de- quired that the Director of NIMA be a The creation of NIMA has been joint- fense agencies designated by Congress military officer and that the Secretary ly proposed by the Director of Central as combat support agencies in 10 U.S. of Defense simply consult the DCI be- Intelligence, the Secretary of Defense, 193 are the Defense Communications fore recommending a nominee to the and the Chairman of the Joint Chiefs of Agency, the Defense Intelligence Agen- President. The Armed Services Com- Staff. The establishment of a single na- cy, the Defense Logistics Agency, and mittee’s formulation would have pre- tional imagery agency was also en- the Defense Mapping Agency. vented the President from appointing a dorsed by the Brown Commission. Nev- When Congress passed the Goldwater- civilian Director of NIMA (thus imply- ertheless, the creation of NIMA con- Nichols Act, it specifically declined to ing that NIMA performs exclusively stitutes a major reorganization of list the National Security Agency as a military functions) and would have U.S.C. intelligence activities and in- combat support agency because NSA given the DCI only a minor voice in the cludes the transfer of several imagery- serves customers outside the Depart- appointment of the head of a critical related offices out of the CIA and into ment of Defense. Congress, however, national intelligence agency. The the Department of Defense. Accord- subjected NSA to the same JCS review Armed Services Committee formula- ingly, the Intelligence Committee fo- procedures as other combat support tion was opposed by the DCI and by the cused considerable attention on the agencies but only with respect to its Secretary of Defense. Accordingly, the specific provisions in S. 1745 that would combat support functions. The Intel- two Committees agreed to amend the establish NIMA and define its respon- ligence Committee believes that it bill to revert to the Administration’s sibilities. We concluded that these pro- would have been most appropriate to proposal. visions need to be modified in several treat NIMA like NSA, i.e. not list Finally, the two Committees agreed key respects. NIMA as a combat support agency but to delete from S. 1745 a provision that would have prohibited the Inspector Most important, the committee con- subject it to JCS review with respect General of the Central Intelligence cluded that the role of the Director of to its combat support functions. The Agency from conducting any inspec- Central Intelligence with respect to the Department of Defense and the Armed tion, investigation, or audit of NIMA tasking of imagery satellites should be Services Committee, however, have in- without the written consent of DOD In- clarified. The DCI must have clear au- sisted that NIMA be listed as a combat thority to set imagery collection re- spector General. support agency because the Defense We believe that, taken together, our quirements and priorities, and to re- Mapping Agency was listed as a combat amendments will help to clarify the re- solve conflicts among priorities. The support agency. sponsibilities of the DCI with respect DCI has such authority under existing Given that the Defense Mapping to the operation of NIMA and will executive orders and presidential deci- Agency will comprise the largest activ- serve to ensure that the imagery needs sions, but, in light of the establishment ity within NIMA, the Intelligence Com- of consumers outside the Department of NIMA as an agency of the Depart- mittee has agreed to have NIMA listed of Defense are satisfied. ment of Defense, the Committee be- as a combat support agency in 10 Mr. NUNN. Mr. President, I rise to lieves the DCI’s authorities should be U.S.C. 193 for purposes of JCS review support the agreement worked out by restated in statute. The committee has (but only with respect to its combat the Armed Services and Intelligence amended S. 1745 to include these au- support functions). But we continue to Committees on the provisions of our thorities in both title 10, U.S. Code (to- believe that it would be a mistake to respective bills pertaining to the cre- gether with other provisions establish- establish NIMA as a combat support ation of a new DoD agency, the Na- ing NIMA) and in the National Secu- agency in the very first sentence, even tional Imagery and Mapping Agency rity Act of 1947 in title 50 (which speci- if subsequent statutory provisions spe- known as NIMA, and the renewal and fies the DCI’s authorities as director of cifically state that NIMA also has na- reform of the intelligence community. the intelligence community). tional missions. The implication would By way of background, I want to note The committee also focused on the be left that NIMA’s primary purpose is that the Armed Services and Intel- provisions of S. 1745 that define the re- to provide combat support, and the im- ligence Committees have been nego- sponsibilities of NIMA to support intel- agery support to other customers tiating over a number of items in our ligence consumers outside the Depart- might suffer as a result. respective authorization bills. In the ment of Defense. These provisions are Accordingly, the Intelligence Com- course of these negotiations, a number especially important because with the mittee reported S. 1745 with an amend- of thorny issues have been settled and consolidation of most of the imagery- ment to the provision establishing only one issue remains which relates to related activities of the intelligence NIMA that would delete the reference a provision in the Intelligence Author- community into an agency within the to NIMA’s establishment as a combat ization bill. Department of Defense there is a risk support agency. The Armed Services I want to make note of one issue in that the imagery needs of non-DOD Committee has proposed to reinsert the particular that we have worked out. customers might not be met. We con- reference to NIMA’s status as a combat That issue relates to the establishment cluded that the language of the provi- support agency in the establishment of a new Department of Defense agen- sions is sufficient to protect the inter- provision but to add in the same sen- cy, called the National Imagery and ests of national consumers but that the tence that NIMA has significant na- Mapping Agency or NIMA, which com- provisions should be moved from title tional missions. We would not object to bines the Defense Mapping Agency, the S7014 CONGRESSIONAL RECORD — SENATE June 26, 1996 Central Imagery Office, and the Na- support the legislative clarification con- Senator from Georgia and I have stood tional Photographic Interpretation tained in Sec. 715 of S. 1718. here and wished the Senate well. Let us Center. NIMA will provide imagery in- It is my strongly held view that the Intel- do it once again. I do so on behalf of ligence Community can provide important telligence and mapping support to both assistance to law enforcement agencies out- the distinguished chairman, Senator the Department of Defense and other side the United States in a far more effective THURMOND. agencies of the Government. manner than would be the case if law en- Mr. NUNN. I thank the Senator. I can An issue arose concerning the des- forcement agencies were to expand their ac- say, I have been here many times on ignation of NIMA as a combat support tivities into areas traditionally dealt with defense bills when the light in the tun- agency. Under the agreement reached by the Intelligence Community. nel was not apparent at all, and I be- between our two committees, the new For decades, the Intelligence Community, lieve I saw a little glimmer earlier this National Imagery and Mapping Agency and the CIA in particular, have developed close working relationships with law en- evening. will be designated in the agency’s es- forcement agencies and intelligence services Mr. WARNER. I am sure we did. I tablishment clause as a combat sup- outside the United States. This network of think we should also commend the re- port agency and it would also state contacts and relationships provides a rich spective leaders, Mr. LOTT and Mr. that the Agency has significant na- environment from which information re- DASCHLE, because they indeed became tional missions to meet the Intel- quired by U.S. law enforcement agencies can engaged today to assist the matters. ligence Committee’s concerns. Director be gleaned. There is no reason to replicate it Mr. NUNN. I agree. Deutch, in a letter to Senator THUR- with an extensive law enforcement presence Mr. WARNER. Mr. President, I ask outside the United States. Indeed, such a MOND dated June 6, 1996, stated in per- presence would be counterproductive because unanimous consent that Senators have tinent part that, and I quote, ‘‘The es- it would be confusing, duplicative and under- until the hour of 9:30 a.m., Thursday, in sence of the NIMA concept for both the mine longstanding intelligence relation- order to file second-degree amend- Intelligence Community and the De- ships. It would permit local governments to ments to the DOD bill. partment of Defense is that NIMA be a play one U.S. Government agency off against The PRESIDING OFFICER. Without combat support agency.’’ I ask unani- another and would lead, in my view, to less objection, it is so ordered. mous consent that the entire text of information reaching the United States, not f Director Deutch’s letter to Senator more. If I can provide any additional information MORNING BUSINESS THURMOND be printed in the RECORD. on these or other matters, please do not hesi- There being no objection, the letter tate to contact me directly. Mr. WARNER. Mr. President, I ask was ordered to be printed in the An original of this letter is also being sent unanimous consent that there now be a RECORD, as follows: to Ranking Minority Member Nunn and to period for the transaction of routine THE DIRECTOR OF the Chairman and Vice Chairman of the Sen- morning business with Senators per- CENTRAL INTELLIGENCE, ate Select Committee on Intelligence. mitted to speak for up to 5 minutes Washington, DC, June 6, 1996. Sincerely, each. JOHN DEUTCH. Hon. STROM THURMOND, The PRESIDING OFFICER. Without Chairman, Committee on Armed Services, Mr. NUNN. I am pleased that we have objection, it is so ordered. Washington, DC. been able to resolve our differences f DEAR MR. CHAIRMAN: I write to underscore over the provisions in the Department my previous statements to the leadership of of Defense authorization bill and I look MESSAGES FROM THE PRESIDENT the Select Committee on Intelligence and forward to working with the Chairman the Committee on Armed Services concern- Messages from the President of the ing legislation creating a National Imagery and Vice Chairman of the Intelligence United States were communicated to and Mapping Agency (NIMA) and permitting Committee on the one remaining issue the Senate by Mr. Thomas, one of his the collection of foreign intelligence on non- relating to the Intelligence authoriza- secretaries. U.S. persons in support of U.S. law enforce- tion bill. I urge the adoption of these EXECUTIVE MESSAGES REFERRED ment. amendments. As in executive session the Presiding The essence of the NIMA concept for both Mr. WARNER. Mr. President, I be- Officer laid before the Senate messages the Intelligence Community and the Depart- lieve that it is the judgment of the ment of Defense is that NIMA be a combat from the President of the United managers that all matters relating to States submitting one nomination support agency. At the same time, it is this bill that can be concluded on this equally important that there be a clear which was referred to the Committee statement of its national mission and that day have been concluded. The Senate on Foreign Relations. the authorities of the Director of Central In- may now proceed to address the re- (The nomination received today is telligence to manage and support the na- maining matters. printed at the end of the Senate pro- Mr. NUNN. I concur with my friend tional mission of NIMA be undiminished ex- ceedings.) cept as required to establish NIMA, i.e., the from Virginia. I think we handled all transfer of operational control of CIA em- the amendments we are able to handle f ployees and funds to NIMA. NIMA must be now that have been cleared on both REPORT ON AERONAUTICS AND responsive to the direction of the Secretary sides. We have a lot of amendments re- SPACE FOR FISCAL YEAR 1995— and the Chairman of the Joint Chiefs in its maining, probably in the neighborhood MESSAGE FROM THE PRESI- combat support role, but it must also follow the direction of the DCI in matters of collec- of 50, 60 amendments on this bill. But DENT—PM 156 tion and tasking to satisfy NIMA’s national there are an awful lot of them that are The PRESIDING OFFICER laid be- mission. NIMA resource issues obviously af- not relevant to this bill, and I hope fore the Senate the following message fect both the military and national missions they will be withdrawn or can be from the President of the United and, as the Administration’s legislative pro- worked out. So I believe that today has States, together with an accompanying posal makes clear, should be decided jointly. been a productive day. report; which was referred to the Com- I strongly affirm the statements I made on We have stayed on the defense bill by mittee on Commerce, Science, and these points during our meeting of May 23, and large. The amendment that we Transportation: 1996 including the placement of statutory took up that was not relevant to the language in titles 10 and 50 of the U.S. Code. I also believe, as I have indicated in our defense bill was worked out, agreed to, To the Congress of the United States: previous conversations, that it is important and supported overwhelmingly in this I am pleased to transmit this report to clarify the authority of the Intelligence body. So I think it has been a good day. on the Nation’s achievements in aero- Community to provide assistance to law en- I know Chairman THURMOND has put in nautics and space during fiscal year forcement agencies outside the United a lot of hard hours. The Senator from 1995, as required under section 206 of States by collecting intelligence information Virginia has put in a lot of hard hours. the National Aeronautics and Space on non-U.S. persons. Much progress has been We are working together. I think we Act of 1958, as amended (42 U.S.C. 2476). made in this area over the last few years, but can make further progress tomorrow. Aeronautics and space activities in- I believe it is important to give the Intel- volved 14 contributing departments and ligence Community clear statutory author- And with good luck, cooperation, good ity to provide such assistance so that our spirit, good will, we can finish this bill agencies of the Federal Government, agencies can work together in an efficient tomorrow night, if all that happens. and the results of their ongoing re- and effective manner. Both the Intelligence Mr. WARNER. Mr. President, I just search and development affect the Na- Community and the Department of Justice do not know how many times the good tion in many ways. June 26, 1996 CONGRESSIONAL RECORD — SENATE S7015

A wide variety of aeronautics and THE WHITE HOUSE, June 26, 1996. received on June 25, 1996; to the Committee space developments took place during f on Agriculture, Nutrition, and Forestry. fiscal year 1995. The National Aero- EC–3144. A communication from the Ad- EXECUTIVE AND OTHER ministrator of the Rural Utilities Service, nautics and Space Administration COMMUNICATIONS Department of Agriculture, transmitting, (NASA) successfully completed seven pursuant to law, the report of a final rule en- Space Shuttle flights. A Shuttle pro- The following communications were titled ‘‘Distance Learning and Telemedicine gram highlight was the docking of the laid before the Senate, together with Grant Program,’’ (RIN0572–AB77) received on Shuttle Atlantis with the Russian accompanying papers, reports, and doc- June 24, 1996; to the Committee on Agri- space station Mir. uments, which were referred as indi- culture, Nutrition, and Forestry. NASA launched three Expendable cated: EC–3145. A communication from the Under Secretary of Defense (Acquisition and Tech- Launch Vehicles (ELV), while the De- EC–3135. A communication from the Assist- nology), transmitting, pursuant to law, the partment of Defense (DOD) successfully ant Administrator of the U.S. Environ- report relative to the assessment of whether mental Protection Agency, transmitting, conducted five ELV launches. These major and non-major acquisition programs pursuant to law, the report of a final rule en- launches included satellites to study and achievements of cost performance, and titled ‘‘Pesticide Worker Protection Stand- space physics, track Earth’s weather schedule goals; to the Committee on Armed ard; Decontamination Requirements,’’ Services. patterns, and support military commu- (RIN2070–AC93); to the Committee on Agri- EC–3146. A communication from the Under nications. In addition, there were 12 culture, Nutrition, and Forestry. Secretary of Defense (Acquisition and Tech- commercial launches carried out from EC–3136. A communication from the Con- nology), transmitting, pursuant to law, the Government facilities that the Office gressional Review Coordinator of the Animal report on payment of restructuring costs and Plant Health Inspection Service, Depart- of Commercial Space Transportation under defense contracts for fiscal year 1995; ment of Agriculture, transmitting, pursuant (OCST), within the Department of to the Committee on Armed Services. to law, the report of a rule relative to pork Transportation (DOT), licensed and EC–3147. A communication from the Chair- and pork products from Mexico transiting monitored. man of the Securities and Exchange Com- the United States, received on June 25, 1996; NASA continued the search for a mission, transmitting, pursuant to law, the to the Committee on Agriculture, Nutrition, report of the Securities Investor Protection more affordable space launch system and Forestry. Corporation for calendar year 1995; to the for the coming years with its Reusable EC–3137. A communication from the Con- Committee on Banking, Housing, and Urban Launch Vehicle program. NASA hopes gressional Review Coordinator of the Animal Affairs. to develop new kinds of launch tech- and Plant Health Inspection Service, Depart- EC–3148. A communication from the Legis- nologies that will enable a private ment of Agriculture, transmitting, pursuant lative and Regulatory Activities Division, launch industry to become financially to law, the report of a rule relative to Comptroller of the Currency, Administrator feasible. screening at privately owned bird quarantine of National Banks, transmitting, pursuant to In aeronautics, activities included facilities, received on June 25, 1996; to the law, the report of the regulation entitled Committee on Agriculture, Nutrition, and development of technologies to im- ‘‘Joint Agency Policy Statement: Interest Forestry. Rate Risk,’’ received on June 21, 1996; to the prove performance, increase safety, re- EC–3138. A communication from the Con- duce engine noise, and assist U.S. in- Committee on Banking, Housing, and Urban gressional Review Coordinator of the Animal Affairs. dustry to be more competitive in the and Plant Health Inspection Service, Depart- EC–3149. A communication from the Assist- world market. Air traffic control ac- ment of Agriculture, transmitting, pursuant ant Secretary of the Army (Civil Works), tivities focused on various automation to law, the report of a rule relative to vi- transmitting, a draft of proposed legislation systems to increase flight safety and ruses, serums, toxins, analogous products, relative to flood damage reduction in the enhance the efficient use of airspace. received on June 25, 1996; to the Committee Chicago River; to the Committee on Envi- Scientists made some dramatic new on Agriculture, Nutrition, and Forestry. ronment and Public Works. EC–3139. A communication from the Ad- EC–3150. A communication from the Assist- discoveries in various space-related ministrator of the Agricultural Marketing fields. Astronomers gained new in- ant Secretary of the Army (Civil Works), Service, Department of Agriculture, trans- transmitting, a draft of proposed legislation sights into the size and age of our uni- mitting, pursuant to law, the report of a relative to flood damage reduction in Molly verse in addition to studying our solar final rule relative to 1996 amendment to cot- Ann’s Brook, New Jersey; to the Committee system. Earth scientists continued to ton board rules and regulations adjusting on Environment and Public Works. study the complex interactions of supplemental assessment on imports, re- EC–3151. A communication from the Direc- physical forces that influence our ceived on June 21, 1996; to the Committee on tor of the Fish and Wildlife Service, Depart- weather and environment and reached Agriculture, Nutrition, and Forestry. ment of the Interior, transmitting, pursuant EC–3140. A communication from the Ad- to law, the report of a final rule relative to new conclusions about ozone depletion. ministrator and Executive Vice President of Agencies such as the Environmental endangered and threatened wildlife plants, the Commodity Credit Corporation, Farm (RIN1018–AC71) received on June 13, 1996; to Protection Agency (EPA), as well as Service Agency, Department of Agriculture, the Committee on Environment and Public the Departments of Agriculture and transmitting, pursuant to law, the report of Works. the Interior, used remote-sensing tech- two final rules including a rule entitled EC–3152. A communication from the Assist- nologies to better understand terres- ‘‘End-Use Certificate Program,’’ (RIN 0560– ant Secretary for Fish and Wildlife and trial changes. Microgravity researchers AE37) received on June 21, 1996; to the Com- Parks, Department of the Interior, transmit- conducted studies to prepare for the mittee on Agriculture, Nutrition, and For- ting, pursuant to law, the report of a final estry. long-duration stays of humans that are rule entitled ‘‘Importation, Exportation, and EC–3141. A communication from the Assist- Transportation of Wildlife,’’ (RIN1018–AB49) planned for the upcoming International ant Administrator of the Environmental received on June 13, 1996; to the Committee Space Station. Protection Agency, transmitting, pursuant on Environment and Public Works. International cooperation, particu- to law, the report of a final rule entitled EC–3153. A communication from the Sec- larly with Russia, occurred in a variety ‘‘Pesticide Worker Protection Standard; retary of Transportation, transmitting, pur- of aerospace areas. In addition to the Language and Size Requirement for Warning suant to law, a report entitled ‘‘Redwood Na- Shuttle-Mir docking mission and the Sign,’’ (RIN2070–AC93); to the Committee on tional Park Bypass Project’’; to the Commit- Russian partnership on the Inter- Agriculture, Nutrition, and Forestry. tee on Environment and Public Works. EC–3142. A communication from the Assist- national Space Station, U.S. and Rus- EC–3154. A communication from the Direc- ant Administrator of the Environmental tor of the Office of Regulatory Management sian personnel also continued close co- Protection Agency, transmitting, pursuant and Information, Environmental Protection operation on various aeronautics to law, the report of a final rule entitled Agency, transmitting, pursuant to law, the projects. ‘‘Notification Procedures for Pesticides Reg- report of three final rules entitled ‘‘Approval Thus, fiscal year 1995 was a very suc- istration Modifications,’’ (RIN2070–AC98); to and Promulgation of Air Quality Implemen- cessful one for U.S. aeronautics and the Committee on Agriculture, Nutrition, tation Plans,’’ (FRL5463–3, 5375–6, 5519–6) re- space programs. Efforts in these areas and Forestry. ceived on June 11, 1996; to the Committee on have contributed significantly to the EC–3143. A communication from the Under Environment and Public Works. Nation’s scientific and technical Secretary for Food, Nutrition, and EC–3155. A communication from the Direc- Consumer, Department of Agriculture, trans- tor of the Office of Regulatory Management knowledge, international cooperation, mitting, pursuant to law, the report of a rule and Information, Environmental Protection a healthier environment, and a more entitled ‘‘Food Stamp Program: Automated Agency, transmitting, pursuant to law, the competitive economy. Data Processing and Services; Reduction in report of two rules entitled ‘‘Hazardous Air WILLIAM J. CLINTON. Reporting Requirements,’’ (RIN0584–AB92) Pollutant List,’’ (FRL5520–5, 5368–3) received S7016 CONGRESSIONAL RECORD — SENATE June 26, 1996 on June 13, 1996; to the Committee on Envi- ceived on June 24, 1996; to the Committee on way Development Act of 1970 created the ronment and Public Works. Governmental Affairs. Federal Highway Trust Fund and the Federal EC–3156. A communication from the Direc- EC–3168. A communication from the Chair- Airport and Airway Trust Fund, respec- tor of the Office of Regulatory Management man of the District of Columbia Financial tively; and and Information, Environmental Protection Responsibility and Management Assistance ‘‘Whereas, These funds were established to Agency, transmitting, pursuant to law, the Authority, transmitting, pursuant to law, deposit dedicated taxes and user fees to be report of a final rule entitled ‘‘National Pri- the final report on the District of Columbia used to construct and maintain a transpor- orities List for Uncontrolled Hazardous fiscal year 1997 budget and Financial Plan; to tation infrastructure that is more safe and Waste Sites,’’ (FRL5520–2) received on June the Committee on Governmental Affairs. efficient than any nation in the world; and 13, 1996; to the Committee on Environment EC–3169. A communication from the Assist- ‘‘Whereas, The Federal Government has and Public Works. ant Secretary of the Interior (Indian Af- also established the Inland Waterways Trust EC–3157. A communication from the Direc- fairs), transmitting, pursuant to law, the re- Fund and the Harbor Maintenance Trust tor of the Office of Congressional Affairs, port of a rule relative to Indian country and Fund maintained by taxes and user fees; and U.S. Nuclear Regulatory Commission, trans- detention facilities and programs (RIN1076– ‘‘Whereas, Pennsylvanians paid approxi- mitting, pursuant to law, the rule entitled AD77), received on June 19, 1996; to the Com- mately $635 million of the $14.7 billion paid ‘‘The Environmental Review for Renewal of mittee on Indian Affairs. into the Highway Trust Fund in 1994; and Nuclear Power Plant Operating Licenses,’’ EC–3170. A communication from the Assist- ‘‘Whereas, The Highway Trust Fund bal- received on June 7, 1996; to the Committee ant Secretary of the Interior (Indian Af- ance has grown from $9.6 billion in 1983 to on Environment and Public Works. fairs), transmitting, pursuant to law, the re- $21.4 billion in 1996, with the money being EC–3158. A communication from the Comp- port of a rule relative to leasing of tribal and withhold as a way to make the Federal budg- troller General of the United States, trans- allotted lands for mineral development, et deficit appear smaller; and mitting, pursuant to law, a report relative to (RIN1076–AD82) received on June 29, 1996; to ‘‘Whereas, By the year 2002, the cash bal- the seventh special impoundment message the Committee on Indian Affairs. ances with total $60.4 billion; and EC–3171. A communication from the Chair- for fiscal year 1996; referred jointly, pursuant ‘‘Whereas, The Federal Airport and Airway man of the Federal Election Commission, to the order of January 30, 1975, as modified Trust Fund, with a balance of $11.4 billion in transmitting, pursuant to law, the report by the order of April 11, 1986, to the Commit- 1995, will grow to $17 billion in 2002 according with respect to the Freedom of Information tee on Appropriations, to the Committee on to the President’s proposed 1996–97 Federal Act for calendar years 1994 and 1995; to the the Budget, to the Committee on Foreign budget; and Committee on the Judiciary. ‘‘Whereas, In Fiscal Year 1996–97 proposed Relations. EC–3172. A communication from the Chair- transportation spending is reduced by $1 bil- EC–3159. A communication from the Sec- man of the United States Sentencing Com- lion; and retary of the Treasury, transmitting, pursu- mission, transmitting, pursuant to law, the ‘‘Whereas, The Federal Government is ant to law, the semiannual report of the In- report entitled ‘‘Sex Offenses Against Chil- withholding and diverting billions of trans- spector General for the Period ending March dren: Findings and Recommendations Re- portation trust fund dollars and delaying 31, 1996; to the Committee on Governmental garding Federal Penalties’’; to the Commit- critically needed highway improvements; Affairs. tee on the Judiciary. and EC–3160. A communication from the Execu- EC–3173. A communication from the Chair- ‘‘Whereas, For nearly a decade Congress tive Director of the Committee For Purchase man of the United States Sentencing Com- spent below the financial capacity of the From People Who Are Blind Or Severely Dis- mission, transmitting, pursuant to law, the trust funds while delaying critically needed abled, transmitting, pursuant to law, a rule report entitled ‘‘Adequacy of Federal Sen- highway improvements; and relative to additions to the procurement list, tencing Guidelines Penalties for Computer ‘‘Whereas, Over $200 billion is needed to ad- received on June 19, 1996; to the Committee Fraud and Vandalism Offenses; to the Com- dress current United States highway defi- on Governmental Affairs. mittee on the Judiciary. ciencies; and EC–3161. A communication from the Comp- EC–3174. A communication from the Asso- ‘‘Whereas, Pennsylvania infrastructure is troller General of the United States, trans- ciate Attorney General, Department of Jus- in need of major repairs; and mitting, pursuant to law, the report of Gen- tice, transmitting, pursuant to law, the re- ‘‘Whereas, Statistics show that for every $1 eral Accounting Office reports and testimony port with respect to the Freedom of Informa- billion spent on infrastructure, 42,000 good for May 1996; to the Committee on Govern- tion Act for calendar year 1995; to the Com- high-wage jobs are created; and mental Affairs. mittee on the Judiciary. ‘‘Whereas, Sound infrastructure is a major EC–3162. A communication from the Chair- EC–3175. A communication from the Direc- factor in business’ decision on where to lo- man and Chief Executive Officer of the Farm tor of the Executive Office for Immigration cate; therefore be it Credit Administration, transmitting pursu- Review, Department of Justice, transmit- ‘‘Resolved, That the House of Representa- ant to law, the semiannual report of the In- ting, pursuant to law, the report of a final tives of the Commonwealth of Pennsylvania spector General for the period October 1, 1995 rule relative to affecting motions and ap- memorialize Congress to remove the Trans- to March 31, 1996; to the Committee on Gov- peals (RIN1125–AA01), received on June 21, portation Trust Funds from the Unified Fed- ernmental Affairs. 1996; to the Committee on the Judiciary. eral Budget and to release those revenues for EC–3163. A communication from the Ad- EC–3176. A communication from the Com- transportation improvements; and be it fur- ministrator of the General Services Adminis- missioner of the Immigration and Natu- ther tration, transmitting, pursuant to law, the ralization Service, Department of Justice, ‘‘Resolved, That the House of Representa- report under the Inspector General Act for transmitting, pursuant to law, the report of tives of the Commonwealth of Pennsylvania the period October 1, 1995 through March 31, a final rule entitled ‘‘Priority Dates for Em- support the efforts of Congress to vote on 1996; to the Committee on Governmental Af- ployment-Base Petitions’’ (RIN1115–AE24), this issue in April 1996; and be it further fairs. received on June 21, 1996; to the Committee ‘‘Resolved, That copies of this resolution be EC–3164. A communication from the Public on the Judiciary. transmitted to the presiding officers of each Printer of the Government Printing Office, EC–3177. A communication from the Gen- house of Congress and to each member of transmitting, pursuant to law, the report eral Counsel of the Department of Energy, Congress from Pennsylvania.’’ under the Inspector General Act for the pe- transmitting, pursuant to law, the interim riod October 1, 1995 through March 31, 1996; final rule entitled ‘‘Acquisition regulation; POM–633. A resolution adopted by the to the Committee on Governmental Affairs. Department of Energy management and op- Board of Commissioners of the Town of EC–3165. A communication from the Regu- erating contracts,’’ received on June 24, 1996; Manteo, North Carolina relative to dredging latory Policy Official, National Archives to the Committee on Energy and Natural Re- projects and the Oregon Inlet; to the Com- (College Park), transmitting, pursuant to sources. mittee on Appropriations. law, the report of a final rule concerning f POM–634. A joint resolution adopted by the Audiovisual Records Management (RIN3095– Legislature of the State of California; to the AA18), received on June 25, 1996; to the Com- PETITIONS AND MEMORIALS Committee on Foreign Relations. mittee on Governmental Affairs. The following petitions and memori- ‘‘ASSEMBLY JOINT RESOLUTION NO. 58 EC–3166. A communication from the Chair- als were laid before the Senate and ‘‘Whereas, There are approximately 137,000 man and General Counsel of the National were referred or ordered to lie on the inmates incarcerated in California’s 31 state Labor Relations Board, transmitting, pursu- table as indicated: prison facilities and 38 prison camps; and ant to law, the report under the Inspector ‘‘Whereas, The cost of housing one inmate POM–632. A resolution adopted by the General Act for the period October 1, 1995 in state prison in California for one year ex- House of Representatives of the Common- through March 31, 1996; to the Committee on ceeds $21,000; and Governmental Affairs. wealth of Pennsylvania, referred jointly, ‘‘Whereas, The number of felons incarcer- EC–3167. A communication from the Direc- pursuant to the order of August 4, 1977, to ated in California’s state prison system is ex- tor of the Office of Personnel Management, the Committee on Governmental Affairs, and pected to increase by 15,000 felons each year; transmitting, pursuant to law, the rule enti- to the Committee on the Budget. and tled ‘‘Agency Relationships with Organiza- ‘‘HOUSE RESOLUTION NO. 341 ‘‘Whereas, Felons are often housed two per tions Representing Federal Employee and ‘‘Whereas, The Federal Highway Revenue cell, and in double-bunked dormitory beds; Other Organization,’’ (RIN3206–AG38) re- Act of 1956 and the Federal Airport and Air- and June 26, 1996 CONGRESSIONAL RECORD — SENATE S7017 ‘‘Whereas, The housing capacity within ex- ‘‘Whereas, because their wounds were not the results of that investigation within 90 isting prisons is being rapidly filled with of the conventional type and were not caused days after that date; and be it further dangerous, violent, and repeat felons; and by the enemy but by the United States Gov- ‘‘Resolved, That the Chief Clerk of the As- ‘‘Whereas, All prison housing capacity in ernment, the atomic veterans did not receive sembly transmit copies of this resolution to California will be exhausted by late 1998; and service-connected medical and disability the Governor, the President and Vice Presi- ‘‘Whereas, Approximately 12 percent of all benefits and did not receive a medal such as dent of the United States, the United States inmates incarcerated in California’s state the Purple Heart; and Department of Justice, the United States prison system are illegal, undocumented ‘‘Whereas, many atomic veterans have al- Department of Labor, the United States Im- aliens; and ready died and others will die a horrible and migration and Naturalization Service, the ‘‘Whereas, These illegal, undocumented painful death: Now Therefore, be it Speaker of the House of Representatives, aliens occupy the equivalent bed space of ‘‘Resolved by the Senate of the 2nd session of each Senator and Representative from Cali- five prison facilities; and the 45th Oklahoma Legislature (the House of fornia in the Congress of the United States, ‘‘Whereas, Over the past 10 years, the budg- Representatives concurring therein): the California Department of Industrial Re- et of the California Department of Correc- ‘‘That atomic veterans be recognized by lations, and the Los Angeles Police Depart- tions has increased at an annual rate of the federal government. ment.’’ about 8.1 percent, a much faster rate than ‘‘That the United States Senators and Rep- POM–637. A petition adopted by the Legis- budgets for other state agencies; and resentatives from Oklahoma propose or sup- lature of the State of Maryland; to the Com- ‘‘Whereas, Without this sizable illegal, un- port legislation granting service-connected mittee on the Judiciary. documented alien population housed in Cali- medical and disability benefits to all atomic fornia’s state prison system, money that is veterans who were exposed to ionizing radi- ‘‘SENATE BILL 742 currently being allocated to the California ation and propose or support legislation issu- ‘‘Whereas, Traffic congestion imposes seri- Department of Corrections could be used in- ing a medal to atomic veterans to express ous economic burdens in the Metropolitan stead to build additional public schools and the gratitude of the people and government Washington, DC area, costing commuters an universities, or be appropriated to provide of the United States for the dedication and estimated $1,000 each per year; and for increased public safety; and sacrifices of these veterans. ‘‘Whereas, the volume of traffic in the Met- ‘‘Whereas, It is the responsibility of the ‘‘That copies of this resolution be distrib- ropolitan Washington, D.C. area is expected federal government to establish the nation’s uted to the President of the United States, to increase by more than 70% between 1990 and 2020; and immigration policy; and the Vice President of the United States, the ‘‘Whereas, the deterioration of the Wood- ‘‘Whereas, The federal government has Secretary of the United States Senate, the row Wilson Memorial Bridge and the growing been negligent in controlling the flow of ille- Clerk of the United States House of Rep- population of the Metropolitan Washington, gal, undocumented aliens into the United resentatives, the Secretary of Defense, the D.C. area contribute significantly to traffic States; and Secretary of Veterans Affairs, the Chairs of congestion; and ‘‘Whereas, The federal government has not the United States House and Senate Veter- ‘‘Whereas, the Woodrow Wilson Memorial adequately compensated the people of Cali- ans Affairs Committees, and each member of Bridge serves as a vital link in the Interstate fornia for the costs incurred by the federal the Oklahoma Congressional Delegation.’’ System and the Northeast corridor, and government’s negligence in failing to control identifying alternative methods for main- the flow of illegal, undocumented aliens into POM–636. A joint resolution adopted by the taining the bridges is critical to addressing the United States; and Legislature of the State of California; to the traffic congestion in the Metropolitan Wash- ‘‘Whereas, The undocumented inmates in- Committee on Judiciary. ington, D.C. area; and carcerated in California’s state prison sys- ‘‘ASSEMBLY JOINT RESOLUTION NO. 44 ‘‘Whereas, the Woodrow Wilson Memorial tem could be imprisoned within their coun- Bridge is the only drawbridge in the Metro- ‘‘Whereas, In a complaint to the Los Ange- try of origin at less expense to the people of politan Washington, D.C. area on the Inter- les office of the United States Immigration California; and state System and the only segment of the and Naturalization Service (‘‘the INS’’) in ‘‘Whereas, The United States Constitution Capital Beltway with less than six lanes and 1991, INS Special Agent Phillip L. Bonner re- explicitly prohibits states from entering into a remaining expected life of less than 10 ported that his supervisors prevented him a treaty with any foreign nation; now, there- years; and from investigating sewing shops that may fore, be it ‘‘Whereas, the Woodrow Wilson Memorial have been using forced Thai labor; and Resolved by the Assembly and Senate of the Bridge was constructed by the Federal Gov- ‘‘Whereas, It has been reported that a State of California, jointly, That the Legisla- ernment and is the only part of the Inter- Thai-speaking police officer in the Los Ange- ture requests the President of the United state System owned by the Federal Govern- les Police Department reported, in an affida- States, with United States Senate ratifica- ment; and vit to the INS, an accurate description of the tion, to make treaties with foreign govern- ‘‘Whereas, the Federal Government, in the labor conditions that were subsequently dis- ments to provide for the incarceration of il- past, paid 100% of the cost of building and re- covered in the sewing shop raid in El Monte, legal, undocumented alien prisoners in their habilitating the bridge and has a continuing California; and responsibility to fund the future costs asso- respective countries of origin; and be it fur- ‘‘Whereas, Reports of that raid disclosed ciated with the upgrading of the Potomac ther the existence of labor conditions involving River crossing on Interstate 95, including the Resolved, That the Chief Clerk of the As- the exploitation of undocumented immi- rehabilitation and reconstruction of the sembly transmit copies of this resolution to grants through slavery and involuntary ser- bridge; and the Governor, to the President and Vice vitude in contravention of Section 6 of Arti- ‘‘Whereas, the Woodrow Wilson Memorial President of the United States, to the Speak- cle I of the California Constitution and the Bridge coordination committee is undertak- er of the House of Representatives, and to Thirteenth Amendment to the United States ing planning studies pertaining to the each Senator and Representative from Cali- Constitution; and bridge, consistent with the National Envi- fornia in the Congress of the United States.’’ ‘‘Whereas, The State of California encour- ronmental Policy Act of 1969 and other appli- ages a cooperative effort for open commu- cable Federal laws; and POM–635. A concurrent resolution adopted nication between all state and federal agen- ‘‘Whereas, the transfer of the ownership of by the Legislature of the State of Oklahoma; cies that are involved in the enforcement of the bridge to a regional authority under the to the Committee on Veterans Affairs. fair labor standards; now, therefore, be it terms and conditions of this compact would ENROLLED SENATE CONCURRENT RESOLUTION ‘‘Resolved by the Assembly and Senate of the foster regional transportation planning ef- forts to identify solutions to the growing NO. 57 State of California, jointly, That the Legisla- problem of traffic congestion on and around ‘‘Whereas, Oklahoma’s atomic veterans ture memorializes the United States Depart- the bridge; and showed steadfast dedication and undisputed ment of Justice and the United States De- ‘‘Whereas, the authority should maximize loyalty to their country and made intoler- partment of Labor to conduct jointly a full the use of existing public and private sector able sacrifices in service to their country; and comprehensive investigation of the entities to provide necessary project serv- and events that led to the sewing shop raid in El ices, including management, construction, ‘‘Whereas, these atomic veterans gave Monte, California, coordinating that inves- legal, accounting, and operating services, their all during the terribly hot atomic age tigation with all agencies involved, includ- and not create a new bureaucracy or organi- to keep our country strong and free; and ing, but not limited to, the INS and the Divi- zational structure; and ‘‘Whereas, these atomic veterans were un- sion of Labor Standards Enforcement of the ‘‘Whereas, any material change to the knowingly placed in the line of fire, after California Department of Industrial Rela- bridge must take into account the interests being assured that they faced no harm, and tions; and be it further of nearby communities, the commuting pub- were subjected to an ungodly bombardment ‘‘Resolved, That the United States Depart- lic, Federal, State, and local government or- of ionizing radiation; and ment of Justice and the United States De- ganizations, and other affected groups; and ‘‘Whereas, the radiation to which they partment of Labor are further memorialized ‘‘Whereas, a commission of Federal, State, were exposed is now and will continue eating to provide to the California Legislature a and local officials and transportation rep- away at their bodies every second of every preliminary report of the results of that in- resentatives has recommended to the Sec- day for the rest of their lives with no hope of vestigation within 30 days of the date this retary of the U.S. Department of Transpor- cessation or cure; and resolution is adopted, and a final report of tation that the bridge be transferred to an S7018 CONGRESSIONAL RECORD — SENATE June 26, 1996 independent authority to be established by ‘‘E. Work on Interstate Route 95 and other ‘‘(III) One member shall be appointed for a the Commonwealth of Virginia, the State of approach roadways if necessitated by, or nec- two-year term. Maryland, and the District of Columbia; essary to accomplish, an activity described ‘‘(2) The initial terms of the members ap- now, therefore, the State of Maryland, the in subparagraphs A, B, or C, of this para- pointed jointly by the Governors of the Com- Commonwealth of Virginia, and the District graph; and monwealth of Virginia and the State of of Columbia, hereafter referred to as the sig- ‘‘F. Construction or acquisition of any Maryland and the Mayor of the District of natories, covenant and agree as follows: building, improvement, addition, replace- Columbia shall be as follows: ‘‘(I) One member shall be appointed for a ‘‘CHAPTER I ment, appurtenance, land, interest in land, water right, air right, machinery, equip- six-year term; and ‘‘WOODROW WILSON BRIDGE AND TUNNEL ment, furnishing, landscaping, easement, ‘‘(II) One member shall be appointed for a COMPACT utility, roadway, or other facility that is ne- four-year term. ‘‘General Compact Provisions cessitated by, or necessary to accomplish an ‘‘(3) The initial terms of the nonvoting ‘‘Article I activity described in this paragraph. members appointed by the Mayor of the Dis- trict of Columbia shall be as follows: ‘‘DEFINITIONS ‘‘Article II ‘‘(I) One member shall be appointed for a ‘‘As used in the compact the following ‘‘There is hereby created the Woodrow Wil- six-year term; and words shall have the following meanings: son Memorial Bridge and Tunnel Authority, ‘‘(II) One member shall be appointed for a ‘‘1. ‘Bridge’ means the existing Woodrow hereinafter referred to as the Authority. four-year term. Wilson Memorial Bridge. ‘‘Article III ‘‘B. The term of the member appointed by the U.S. Secretary of Transportation shall be ‘‘2. ‘Cost’, as applied to the project, means ‘‘The Authority shall be an instrumental- the cost of acquisition of all lands, struc- for two years. ity and common agency of the Common- ‘‘7. The failure of a signatory or the Sec- tures, rights-of-way, franchise, easements, wealth of Virginia, State of Maryland, and and other property rights and interests; the retary of Transportation to appoint one or the District of Columbia, and shall have the more members shall not impair the cost of lease payments; the cost of construc- power and duties set forth in this compact tion; the cost of demolishing, removing, or Authority’s creation when the signatories and such additional powers and duties as are in compliance with the other terms of relocating any buildings or structures on may be conferred upon it by subsequent ac- lands acquired, including the cost of acquir- the compact. tion of the signatories. ‘‘8. Any person appointed to fill a vacancy ing any lands to which such buildings or ‘‘Article IV shall serve for the unexpired term. A mem- structures may be moved or relocated; the ber of the Authority may not serve for more cost of demolition of the current structure; ‘‘1. The Authority shall be governed by a board of nine voting members and two non- than two terms. the cost to relocate residents or businesses ‘‘9. The members of the Authority, includ- from properties acquired for the project; the voting members appointed as follows: ‘‘a. Three members shall be appointed by ing nonvoting members, if any, shall not be cost of any extensions, enlargements, addi- personally liable for any act done or action tions, and improvements; the cost of all and serve at the pleasure of the Governor of the Commonwealth of Virginia; taken in their capacities as members of the labor, materials, machinery, and equipment, Authority, nor shall they be personally lia- financing charges, and interest of all bonds ‘‘b. Three members shall be appointed by the Governor of the State of Maryland, with ble for any bond, note, or other evidence of prior to and during construction and, if indebtedness issued by the Authority. deemed advisable by the Woodrow Wilson the advice and consent of the Senate of Maryland, and shall serve at the pleasure of ‘‘10. Six voting members shall constitute a Memorial Bridge and tunnel authority, of quorum and a majority of the quorum shall such construction; the cost of engineering, the Governor of the State of Maryland; ‘‘c. Two members shall be appointed with be required for any action by the Authority, financial and legal services, plans, specifica- the concurrence of the Governors of the with the following exceptions: tions, studies, surveys, estimates of costs ‘‘a. Seven affirmative votes shall be re- Commonwealth of Virginia and the State of and revenues, and other expenses necessary quired to approve bond issues and the annual Maryland and the Mayor of the District of or incident to determining the feasibility or budget of the Authority; and Columbia; practicability of constructing the project, ‘‘b. A motion may not be approved if all ‘‘d. One member shall be appointed by the administrative expenses, provisions for three members appointed solely by each Gov- U.S. Secretary of Transportation; and working capital, and reserves for interest ernor cast negative votes. ‘‘e. Two additional members, who shall be ‘‘11. Any sole source procurement of goods, and for extensions, enlargements, additions, non-voting members, shall be appointed by and improvements; the cost of bond insur- services, or construction in excess of $250,000 the Mayor of the District of Columbia. shall require the prior approval of a majority ance and other devices designed to enhance ‘‘2. Members, other than members who are of all of the voting members of the Author- the creditworthiness of the bonds; and such elected officials, shall have backgrounds in other expenses as may be necessary or inci- ity. finance, construction lending, and infra- ‘‘12. Members shall serve without com- dental to the construction of the project, the structure policy disciplines. At least one financing of such construction, and the plan- pensation and shall reside in the Metropoli- member of the board from Maryland and one tan Washington area. Members shall be enti- ning of the project in operation. member of the board from Virginia shall be ‘‘3. ‘Owner’ includes all persons as defined tled to reimbursement for their expenses in- elected officials each of whom represents a curred in attending the meetings of the Au- in article 1, § 19 of the code having any inter- political subdivision that has jurisdiction est or title in and to property, rights, fran- thority and while otherwise engaged in the over the area at an end of the bridge, discharge of their duties as members of the chises, easements, and interests authorized bridges, or tunnel. to be acquired by this compact. Authority. ‘‘3. No person in the employment of or ‘‘13. The Authority may employ such engi- ‘‘4. ‘Project’ means the upgrading of the holding any official relationship to any per- neering, technical, legal, clerical, and other Interstate route 95 Potomac River crossing son or company doing business with the Au- personnel on a regular, part-time or consult- in accordance with the selected alternative thority, or having any interest of any nature ing basis as in its judgment subject to the developed by the Woodrow Wilson Bridge Co- in any such person or company or affiliate or provisions of chapter I, article X of this com- ordinating Committee. ‘‘Project’’ includes associate thereof, shall be eligible for ap- pact, may be necessary for the discharge of on-going short-term rehabilitation and re- pointment as a member or to serve as an em- its duties. The Authority shall not be bound pair of the bridge and may include one or ployee of the Authority or to have any power by any statute or regulation of any signa- more of the following: or duty or receive any compensation in rela- tory in the employment or discharge of any ‘‘A. Construction of a new bridge in the vi- tion thereto. officer or employee of the Authority, except cinity of the bridge; ‘‘4. The Chairperson of the Authority shall as may be contained in this compact. ‘‘B. Construction of a tunnel in the vicin- be elected from among the voting members ‘‘14. A. The Authority shall establish its of- ity of the bridge; on a biennial basis. fice for the conduct of its affairs at a loca- ‘‘C. Long-term rehabilitation or recon- ‘‘5. The voting members may also elect a tion to be determined by the Authority and struction of the bridge; secretary and a treasurer, or a secretary- shall publish rules and regulations governing ‘‘D. Upon the bridges or within the tunnel treasurer, who may be members of the Au- the conduct of its operations. described in subparagraphs A, B, and C, of thority, and prescribe their duties and pow- ‘‘B. (1) The rules and regulations shall in- this paragraph, or in conjunction with work ers. clude, but shall not be limited to, an ethics on interstate Route 95 and other approach ‘‘6. A. Members appointed by the signato- code, public access to information, adminis- roadways as described in subparagraph E of ries shall serve a six-year term, except that trative procedures, and open meetings, and this paragraph: each signatory shall make its appointments shall be consistent with similar practices ‘‘(1) Work necessary to provide rights-of- as follows: currently adopted in Maryland, Virginia, and way for a rail transit facility or bus or high ‘‘(1) The initial terms of the three members the District of Columbia. occupancy vehicle lanes including the con- appointed solely by each Governor shall be ‘‘(2) The Authority may adopt regulations struction or modification of footings, piers, as follows: after publication of notice of intention to bridge deck, roadways, other structural sup- ‘‘(I) One member shall be appointed for a adopt the regulations published in a news- port systems, and related improvements; and six-year term; paper of general circulation in the Metro- ‘‘(2) The construction of travel lanes for ‘‘(II) One member shall be appointed for a politan Washington, D.C. area, and after an high occupancy vehicles or buses; four-year term; and opportunity for public comment. June 26, 1996 CONGRESSIONAL RECORD — SENATE S7019 ‘‘(3) The Authority shall also publish a no- maintenance of the project. At least 30 days and the signatories hereby declare that they tice to adopt the regulations in the Mary- before the Governor of Maryland enters into would have entered into this compact or the land register. an agreement under this article, the Gov- remainder thereof had the invalidity of such ‘‘Article V ernor shall submit the agreement to the Leg- provision or application thereof been appar- islative Policy Committee for its review and ent. ‘‘Nothing in this compact shall be con- comment. ‘‘2. This compact shall be liberally con- strued to amend, alter, or in any way affect strued to effectuate the purposes for which it the power of the signatories and their politi- ‘‘Article X is created. cal subdivisions to levy and collect taxes on ‘‘1. Within a reasonable period after this property or income or upon the sale of any compact becomes effective under article VI ‘‘CHAPTER II material, equipment, or supplies or to levy, of this chapter, the authority shall prepare ‘‘WOODROW WILSON BRIDGE AND TUNNEL assess, and collect franchise or other similar and submit to the Governors of the Common- REVENUE BOND ACT taxes or fees for the licensing of vehicles and wealth of Virginia and the State of Mary- ‘‘Article I the operation thereof. land. And the Mayor of the District of Co- ‘‘DEFINITIONS ‘‘Article VI lumbia, a management plan that includes: ‘‘A. An organizational structure; ‘‘The definitions set forth in Chapter I, Ar- ‘‘This compact shall be adopted by the sig- ‘‘B. A staffing plan that includes job de- ticle I of the Woodrow Wilson Memorial natories in the manner provided by law. This scriptions; and Bridge and Tunnel Compact shall also apply compact shall become effective after the ‘‘C. A proposed salary schedule consistent to this act. commonwealth of Virginia and the District with existing salary schedules for similar po- ‘‘Article II of Columbia have adopted acts similar in sitions in the State of Maryland, the Com- substance to this act. ‘‘BONDS, NOTES, OR OTHER EVIDENCE OF OBLI- monwealth of Virginia, and the District of GATION, NOT TO CONSTITUTE A DEBT OR ‘‘Article VII Columbia. PLEDGE OF TAXING POWER ‘‘1. Any signatory may withdraw from the ‘‘2. The authority shall not implement the ‘‘Revenue bonds, notes, or other evidence compact upon one year’s written notice to provisions of this compact until the Gov- of obligation, issued under the provisions of that effect to the other signatories. In the ernors of the Commonwealth of Virginia and this Act shall not be deemed to constitute a event of a withdrawal of one of the signato- the State of Maryland and the Mayor of the debt or a pledge of the faith and credit of the ries from the compact, the compact shall be District of Columbia have approved the man- Authority or of any signatory government or terminated; provided, however, that no reve- agement plan. political subdivision thereof, but such bonds, nue bonds, notes, or other evidence of obliga- ‘‘3. Subsequent to the approval of the man- notes, or other evidence of obligation, shall tion issued pursuant to Chapter II, Article agement plan, the authority may increase be payable solely from the funds herein pro- VI or any other financial obligations of the the number of its employees and their salary vided therefor from tolls and other revenues. Authority remain outstanding and that the levels, provided that such increases do not The issuance of revenue bonds, notes, or withdrawing signatory has made a full ac- result in a 20 percent increase above the other evidence of obligation, under the pro- counting of its financial obligations, if any, level in the approved management plan. In- visions of this Act shall not directly or indi- to the other signatories. creases in excess of 20 percent shall require rectly or contingently obligate the Author- ‘‘2. Upon the termination of this compact, an amendment to the approved plan. A pro- ity, or any signatory government or political the jurisdiction over the matters and persons posed amendment shall be submitted to, and subdivision thereof, to levy or to pledge any covered by this compact shall revert to the approved by, the Governors of the Common- form of taxation whatever therefor. All such signatories and the federal government, as wealth of Virginia and the State of Mary- revenue bonds, notes, or other evidence of their interests may appear. land, and the Mayor of the District of Co- obligation, shall contain a statement on ‘‘Article VIII lumbia, prior to becoming effective. their face substantially to the foregoing ef- ‘‘4. In the conduct of its responsibilities ‘‘Each of the signatories pledges to each of fect. and duties, the authority shall maximize the the other signatories faithful cooperation in use of existing public and private sector enti- ‘‘Article III the development and implementation of the ties to provide necessary services, including ‘‘ADDITIONAL POWERS OF THE AUTHORITY project. management, construction, legal, account- ‘‘Without in any manner limiting or re- ‘‘Article IX ing, and other services, as the authority may stricting the powers heretofore given to the ‘‘1. The Authority shall not undertake the deem necessary. Authority, and contingent upon the execu- ownership of the Bridge, or any duties or re- ‘‘Article XI tion of the agreement referred to in Chapter sponsibilities associated therewith, nor un- ‘‘1. Except as provided herein, the Author- I, Article IX of this compact, the Authority dertake any of the responsibilities and pow- ity shall be liable for its contracts and for its is hereby authorized and empowered: ers provided in this compact until the Gov- torts and those of its directors, officers, em- ‘‘1. To establish, finance, construct, main- ernors of the State of Maryland and the ployees, and agents. For tort actions arising tain, repair, and operate the project; Commonwealth of Virginia and the Mayor of out of conduct occurring in Maryland, Mary- ‘‘2. To assume full rights of ownership of the District of Columbia have entered into land tort and sovereign immunity law shall the Bridge; an agreement with the U.S. Secretary of ‘‘3. Subject to the approval of the Gov- apply. The exclusive remedy for such breach Transportation including provisions govern- ernors of the Commonwealth of Virginia and of contracts and torts for which the Author- ing the transfer of the bridge from the Fed- the State of Maryland and the Mayor of the ity shall be liable, as herein provided, shall eral Government to the Authority, and District of Columbia of the portions of the be by suit against the Authority. Nothing which shall provide for a contractual com- project in their respective jurisdictions, and contained in this Act shall be construed as a mitment by the Federal Government to pro- in accordance with the recommendations of waiver by the State of Maryland, the Com- vide Federal funding for the project includ- the Woodrow Wilson Memorial Bridge Co- monwealth of Virginia, or the District of Co- ing at a minimum, a 100% share for the fol- ordinating Committee, to determine the lo- lumbia of any immunity from suit. lowing: ‘‘2. The United States district courts shall cation, character, size, and capacity of the ‘‘A. The cost of the continuing rehabilita- have original jurisdiction, concurrent with project; to establish, limit, and control such tion of the bridge until such time as the the courts of the Commonwealth of Virginia, points of ingress to and egress from the project is operational; the State of Maryland, and the District of project as may be necessary or desirable in ‘‘B. An amount, as determined by the Columbia, of all actions brought by or the judgment of the Authority to ensure the Woodrow Wilson Memorial Bridge Coordina- against the Authority. Any such action initi- proper operation and maintenance of the tion Committee, equivalent to the cost of re- ated in a state court or the Superior Court of project; and to prohibit entrance to such placing the bridge with a comparable modern the District of Columbia shall be removable project from any point or points not so des- bridge designed according to current engi- to the appropriate United States district ignated; neering standards; ‘‘4. To secure all necessary federal, state, court in the manner provided by act of June ‘‘C. The cost of planning, preliminary engi- and local authorizations, permits, and ap- 25, 1948, as amended (28 U.S.C. 1446). neering and design, right-of-way acquisition, provals for the construction, maintenance, environmental studies and documentation, ‘‘Article XII repair, and operation of the project; and final engineering for the project; and ‘‘1. If any part or provision of this compact ‘‘5. To adopt and amend bylaws for the reg- ‘‘D. A substantial contribution towards re- or the application thereof to any person or ulation of its affairs and the conduct of its maining project costs. circumstance is adjudged invalid by any business; ‘‘2. Such federal funds shall be in addition court of competent jurisdiction, the judg- ‘‘6. To adopt and amend rules and regula- to and shall not diminish the federal trans- ment shall be confined in its operation to the tions to carry out the powers granted by this portation funding allocated or apportioned part, provision, or application directly in- section; to the Commonwealth of Virginia and the volved in the controversy in which such ‘‘7. To acquire, by purchase or condemna- State of Maryland. Upon all parties’ ap- judgment shall have been rendered and shall tion, in the name of the Authority; and to proval of this agreement, the Authority shall not affect or impair the validity of the re- hold and dispose of real and personal prop- have sole responsibility for duties concern- mainder of this compact or the application erty for the corporate purposes of the Au- ing ownership, construction, operation, and thereof to other persons or circumstances, thority; S7020 CONGRESSIONAL RECORD — SENATE June 26, 1996 ‘‘8. To employ consulting engineers, a su- and the execution of its powers under this requirements of this section; and b. use the perintendent or manager of the project, and Act. competitive procedure or combination of such other engineering, architectural, con- ‘‘Article IV competitive procedures that is best suited struction, and accounting experts, and in- under the circumstances of the procurement. ‘‘A. Acquisition of Property spectors, attorneys, and such other employ- In determining the competitive procedure ees as may be deemed necessary, and within ‘‘The Authority is hereby authorized and appropriate under the circumstances, the the limitations prescribed in this Act, and to empowered to acquire by purchase, whenever Authority shall: a. solicit sealed bids if: (i) prescribe their powers and duties and to fix it shall deem such purchase expedient, solely time permits the solicitation, submission, their compensation; from funds provided under the authority of and evaluation of sealed bids; (ii) the award ‘‘9. To pay, from any available moneys, the this Act, such lands, structures, rights-of- will be made on the basis of price and other cost of plans, specifications, surveys, esti- way, property, rights, franchises, easements, price-related factors; (iii) it is not necessary mates of cost and revenues, legal fees, and and other interests in lands, including lands to conduct discussions with the responding other expenses necessary or incident to de- laying under water and riparian rights, sources about their bids; and (iv) there is a termining the feasibility or practicability of which are located within the Metropolitan reasonable expectation of receiving more financing, constructing, maintaining, repair- Washington area, as the authority may deem than one sealed bid; or b. request competi- ing, and operating the project; necessary or convenient for the construction tive proposals if sealed bids are not appro- ‘‘10. To issue revenue bonds, notes, or other and operation of the project, upon such priate under clause a. of this sentence. evidence of obligation of the Authority, for terms and at such prices as may be consid- ‘‘2. The Authority may use procedures any of its corporate purposes, payable solely ered by it to be reasonable and can be agreed other than competitive procedures if: a. the from the tolls and revenues pledged, for their upon between it and the owner thereof; and goods, services, or construction needed by payment, and to refund its bonds, all as pro- to take title thereto in the name of the Au- the Authority are available from only one vided in this Act; thority. responsible source and no other type of ‘‘11. To fix and revise from time to time ‘‘All counties, cities, towns and other po- goods, services, or construction will satisfy and to charge and collect tolls and other litical subdivisions and all public agencies the needs of the Authority; b. the charges for the use of the project; and authorities of the signatories, notwith- Authority’s need for the goods, services, or ‘‘12. To make and enter into all contracts standing any contrary provision of law, are construction is of such an unusual and com- or agreements, as the Authority may deter- hereby authorized and empowered to lease, pelling urgency that the Authority would be mine, which are necessary or incidental to lend, grant, or convey to the Authority at seriously injured unless the Authority limits the performance of its duties and to the exe- the Authority’s request, upon such terms the number of sources from which it solicits cution of the powers granted under this Act; and conditions as the proper authorities of bids or proposals; or c. the goods or services ‘‘13. To accept loans and grants of money, such counties, cities, towns, political sub- needed can be obtained through federal or or materials or property at any time from divisions, agencies, or authorities may deem other governmental sources at reasonable the United States of America, the Common- reasonable and fair and without the neces- prices. wealth of Virginia, the State of Maryland, sity for any advertisement, order of court, or ‘‘3. For the purpose of applying subsection the District of Columbia, or any agency or other action or formality, other than the 2.a of this section: a. in the case of a con- instrumentality thereof; regular and formal action of the authorities tract for goods, services, or construction to ‘‘14. To adopt an official seal and alter the be awarded on the basis of acceptance of an seal at its pleasure; concerned, any real property which may be necessary or convenient to the effectuation unsolicited proposal, the goods, services, or ‘‘15. Subject to Chapter I, Article IX, to sue construction shall be deemed to be available and be sued, plead and be impleaded, all in of the authorized purposes of the Authority, including public roads and other real prop- from only one responsible source if the the name of the Authority; source has submitted an unsolicited proposal ‘‘16. To exercise any power usually pos- erty already devoted to public use. that demonstrates a concept: (i) that is sessed by private corporations performing ‘‘Whenever a reasonable price cannot be unique and innovative or, in the case of a similar functions, including the right to ex- agreed upon, or whenever the owner is le- service, for which the source demonstrates a pend, solely from funds provided under the gally incapacitated or is absent, unknown or unique capability to provide the service; and authority of this Act, such funds as may be unable to convey valid title, the Authority is (ii) the substance of which is not otherwise considered by the Authority to be advisable hereby authorized and empowered to acquire available to the Authority and does not re- or necessary in advertising its facilities and by condemnation or by the exercise of the semble the substance of a pending competi- services to the traveling public; power of eminent domain any lands, prop- ‘‘17. To enter into contracts with existing erty, right, rights-of-way, franchises, ease- tive procurement. b. In the case of a follow- governmental entities in the Commonwealth ments, and other property deemed necessary on contract for the continued development of Virginia, the State of Maryland, or the or convenient for the construction or the ef- or production of a major system or highly District of Columbia, or with private busi- ficient operation of the project or necessary specialized equipment or the continued pro- ness entities for the purpose of allowing in the restoration of public or private prop- vision of highly specialized services, the those entities to undertake all or portions of erty damaged or destroyed. goods, services, or construction may be the project, including, but not limited to, de- ‘‘Whenever the Authority acquires prop- deemed to be available from only the origi- sign, engineering, financing, construction, erty under this Article IV of Chapter II, it nal source and may be procured through pro- and operation of the project, as the author- shall comply with the applicable federal law cedures other than competitive procedures if ity may deem necessary; relating to relocation and relocation assist- it is likely that award to a source other than ‘‘18. To establish and maintain a police ance. If there is no applicable federal law, the original source would result in: (i) sub- force, or to enter into a contract with an ex- the Authority shall comply with the provi- stantial duplication of cost to the Authority isting governmental entity in the State of sion of the state law of the signatory in that is not expected to be recovered through Maryland, the Commonwealth of Virginia, or which the property is located governing relo- competition; or (ii) unacceptable delays in the District of Columbia to provide police cation and relocation assistance. fulfilling the Authority’s needs. services, as the authority may deem nec- ‘‘In advance of undertaking any acquisi- ‘‘4. If the Authority uses procedures other essary; tion of property or easements in Maryland or than competitive procedures to procure ‘‘19. To enter into partnerships or grant the condemnation of such property, the Au- property, services, or construction under concessions between the public and private thority must obtain from the Maryland subsection 2.b. of this section, the Authority sectors for the purpose of: Board of Public Works approval of a plan shall request offers from as many potential ‘‘A. Financing, contructing, maintaining, identifying the properties to be obtained for sources as is practicable under the cir- improving, or operating the project; or the project. Condemnation proceedings shall cumstances. ‘‘5. a. To promote efficiency and economy ‘‘B. Fostering development of new trans- be in accordance with the provisions of state in contracting, the Authority may use sim- portation related technologies to be used in law of the signatory in which the property is plified acquisition procedures for purchases the construction and operation of the located governing condemnation by the high- of property, services, and construction. b. project, utilizing the law of any signatory in way agency of such state. Nothing in this For the purposes of this subsection, sim- the discretion of the authority; Act shall be construed to authorize the Au- plified acquisition procedures may be used ‘‘20. To carry out or contract with other thority to condemn the property of the Com- for purchases for an amount that does not entities to carry out maintenance of traffic monwealth of Virginia, the State of Mary- exceed the simplified acquisition threshold activities during the construction of the land , or the District of Columbia. project that are considered necessary by the adopted by the federal government. c. A pro- authority to manage traffic and minimize ‘‘B. Procurement posed purchase or contract for an amount congestion, such as public information cam- ‘‘1. Except as provided in subsections 2, 3, above the simplified acquisition threshold paigns, improvements designed to encourage and 6 of this Section B, and except in the may not be divided into several purchases or appropriate use of alternative routes, use of case of procurement procedures otherwise contracts for lesser amounts in order to use high occupancy vehicles and transit services, expressly authorized by law, the Authority the procedures under paragraph a. of this and deployment and operation of intelligent in conducting a procurement of goods, serv- subsection. d. In using simplified acquisition transportation technologies; and ices, or construction shall: a. obtain full and procedures, the Authority shall promote ‘‘21. To do all acts and things necessary or open competition through the use of com- competition to the maximum extent prac- incidental to the performance of its duties petitive procedures in accordance with the ticable. June 26, 1996 CONGRESSIONAL RECORD — SENATE S7021 ‘‘6. The authority shall adopt policies and time to time, of revenue bonds of the author- tween the Authority and a corporate trustee, procedures to implement this section. The ity for the purpose of paying all or any part which may be any trust company or bank policies and procedures shall provide for pub- of the cost of the project or of any portion or having the powers of a trust company within lication of notice of procurements and other portions of the project. The principal of and or without the State of Maryland. Such trust actions designed to secure competition the interest on the bonds shall be payable indenture or the resolution providing for the where competitive procedures are used. solely from the funds provided in this com- issuance of such bonds may pledge or assign ‘‘7. The Authority in its sole discretion pact for the payment. Any bonds of the au- the tolls and other revenues to be received, may reject any and all bids or proposals re- thority issued pursuant to this article shall but shall not convey or mortgage the project ceived in response to a solicitation. not constitute a debt of the State of Mary- or any part thereof. ‘‘8. In structuring ALL procurements the land or any political subdivision of the State ‘‘Article VIII Authority shall comply with Federal laws, other than the authority, and shall so state ‘‘REVENUES regulations or other Federal Requirements on their face. Neither the members of the au- set forth in grant agreements or elsewhere, thority nor any person executing such bonds ‘‘The Authority is hereby authorized to fix, as they may be amended from time to time, shall be liable personally thereon by reason revise, charge, and collect tolls for the use of governing minority business enterprise par- of the issuance thereof. The bonds of each the project, and to contract with any person, ticipation. issue shall be dated, shall bear interest at a partnership, association, or corporation de- ‘‘Article V rate or rates and shall mature at any time siring the use thereof, and to fix the terms, ‘‘INCIDENTAL POWERS not exceeding forty years from the date of conditions, rents, and rates of charges for ‘‘The Authority shall have power to con- the bonds, as may be determined by the au- such use. struct grade separations at intersections of thority, at any price and under any terms ‘‘Such tolls shall be so fixed and adjusted the project with public highways and to and conditions as may be fixed by the au- in respect of the aggregate of tolls from the change and adjust the lines and grades of thority prior to the issuance of the bonds. project as to provide a fund sufficient in such highways so as to accommodate the ‘‘The Authority shall determine the form combination with other revenues, if any, to same to the design of such grade separation. and the manner of execution of the bonds pay (i) the cost of maintaining, repairing, The cost of such grade separations and any and shall fix the denomination or denomina- and operating such project and (ii) the prin- damage incurred in changing and adjusting tions of the bonds and the place or places of cipal of and the interest on such bonds as the the lines and grades of such highways shall payments of principal and interest, which same shall become due and payable, and to be ascertained and paid by the Authority as may be at any bank or trust company within create reserves for such purposes. The tolls a part of the cost of the project. or without the state of Maryland. and all other revenues derived from the ‘‘If the Authority shall find it necessary to ‘‘In the event any officer whose signature project in connection with which the bonds change the location of any portion of any or facsimile of whose signature shall appear of any issue shall have been issued, except public highway, it shall cause the same to be on any bonds or coupons shall cease to be the such part thereof as may be necessary to pay reconstructed at such location as the Au- officer until the delivery of such bonds, the such cost of maintenance, repair, and oper- thority shall deem most favorable and of signature or the facsimile shall nevertheless ation and to provide such reserves therefor substantially the same type and in as good be valid and sufficient for all purposes as if as may be provided for in the resolution au- condition as the original highway. The cost the officer had remained in office until such thorizing the issuance of such bonds or in the of such reconstruction and any damage in- delivery. The bonds may be issued in a form trust indenture securing the same, shall be curred in changing the location of any such as determined by the Authority. The Author- set aside at such regular intervals as may be highway shall be ascertained and paid by the ity may sell the bonds in any manner, either provided in such resolution or such trust in- Authority as a part of the cost of the project. at public or private sale, and for any price as denture in a sinking fund which is hereby ‘‘Any public highway affected by the con- it may determine will best effect the pur- pledged to, and charged with, the payment of struction of the project may be vacated or poses of this compact. the principal of and the interest on such relocated by the Authority in the manner ‘‘The proceeds of the bonds of each issue bonds as the same shall become due, and, now provided by law for the vacation or relo- shall be used solely for the payment of the upon the approval of the Governors of the cation of public roads, and any damages cost of the project and shall be disbursed in Commonwealth of Virginia and the State of awarded on account thereof shall be paid by the manner and under the restrictions, if Maryland and the Mayor of the District of the authority as a part of the cost of the any, as the Authority may provide in the Columbia, the redemption price or the pur- project. chase price of bonds retired by call or pur- ‘‘The Authority shall also have power to resolution authorizing the issuance of the bonds or in the trust indenture securing the chase as therein provided. Such pledge shall make regulations for the installation, con- be valid and binding from the time when the struction, maintenance, repair, renewal, re- same. ‘‘If the proceeds of the bonds of any issue pledge is made; the tolls or other revenues or location, and removal of tracks, pipes, shall be less than such cost by error of esti- other moneys so pledged and thereafter re- mains, conduits, cables, wires, towers, poles, ceived by the Authority shall immediately and other equipment and appliances (herein mates or otherwise, additional bonds may be issued to provide the amount of such deficit be subject to the lien of such pledge without called ‘‘public utility facilities’’) of any pub- any physical delivery thereof or further act, lic utility in, on, along, over, or under the and unless otherwise provided in the resolu- and the lien of any such pledge shall be valid project. Whenever the Authority shall deter- tions authorizing the issuance of such bonds and binding as against all parties having mine that it is necessary that any such pub- or in the trust indenture securing the same, claims of any kind in tort, contract, or oth- lic utility facilities which now are, or here- shall be deemed to be of the same issue and erwise against the Authority, irrespective of after may be, located in, on, along, over, or shall be entitled to payment from the same whether such parties have notice thereof. under the project should be relocated in the fund without preference or priority of the Neither the resolution nor any trust inden- project, or should be removed from the bonds first issued. If the proceeds of the ture by which a pledge is created need be project, the public utility owning or operat- bonds of any issue shall exceed such cost, the filed or recorded except in the records of the ing such facilities shall relocate or remove surplus shall be deposited to the credit of the Authority. The use and disposition of mon- the same in accordance with the other of the sinking fund for such bonds. Authority, provided that the cost and ex- ‘‘Prior to the preparation of definitive eys to the credit of such sinking fund shall penses of such relocation or removal, includ- bonds, the Authority may, under like re- be subject to the provisions of the resolution ing the cost of installing such facilities in a strictions, issue interim receipts or tem- authorizing the issuance of such bonds or of new location or new locations, and the cost porary bonds, with or without coupons, ex- such trust indenture. Except as may other- of any lands, or any rights or interests in changeable for definitive bonds that have wise be provided in such resolution or such lands, and any other rights, acquired to ac- been executed and are available for delivery. trust indenture, such sinking fund shall be a complish such relocation or removal, shall The Authority may also provide for the re- fund for all such bonds without distinction be ascertained and paid by the Authority as placement of any bonds that become muti- or priority of one over another. a part of the cost of the project. In case of lated, destroyed, or lost. Bonds may be is- ‘‘Tolls shall be set at rates such that reve- any such relocation or removal of facilities, sued under the provisions of this compact nues generated by the project shall not ex- the public utility owning or operating the without obtaining the consent of any depart- ceed that necessary to meet requirements same, its successors or assigns, may main- ment, division, commission, board, bureau, under any applicable trust indenture for the tain and operate such facilities, with the or agency of the compact signatories, and project. necessary appurtenances, in the new location without any provisions or requirements ‘‘Article IX or new locations, for as long a period, and other than those proceedings, conditions, or ‘‘TRUST FUNDS things which are specifically required by this upon the same terms and conditions, as it ‘‘All moneys received pursuant to the au- article. had the right to maintain and operate such thority of this Act, whether as proceeds from facilities in their former location or loca- ‘‘Article VII the sale of bonds or as revenues, shall be tions. ‘‘TRUST INDENTURE deemed to be trust funds to be held and ap- ‘‘Article VI ‘‘In the discretion of the Authority, any plied solely as provided in this Act. The reso- ‘‘PROJECT FINANCING bonds, notes, or other evidence of obligation lution authorizing the bonds of any issue or ‘‘The authority is hereby authorized to issued under the provisions of this Act may the trust indenture securing such bonds shall provide for the issuance, at one time or from be secured by a trust indenture by and be- provide that any officer with whom, or any S7022 CONGRESSIONAL RECORD — SENATE June 26, 1996 bank or trust company with which, such ated by such force of police, toll-takers, and Governor of the State of Maryland shall moneys shall be deposited shall act as trust- other operating employees as the Authority issue a proclamation declaring this Act valid ee of such moneys and shall hold and apply may in its discretion employ. The authority and effective and shall forward a copy of the the same for the purposes thereof, subject to may enter into a contractual agreement proclamation to the Director of the Depart- such regulations as this Act and such resolu- with an existing governmental entity in ment of Legislative Reference. tion or trust indenture may provide. Maryland or Virginia to provide these serv- ‘‘SECTION 3. AND BE IT FURTHER ENACTED, ‘‘Article X ices. An Authority police officer shall have That, subject to Section 2 of this Act, this all the powers granted to a peace officer and Act shall take effect October 1, 1996.’’ ‘‘REMEDIES a police officer of the State of Maryland. ‘‘Any holder of bonds, notes, or other evi- However, an Authority police officer may ex- POM–638. A resolution adopted by the Sen- dence of obligation issued under the provi- ercise these powers only on property owned, ate of the Legislature of the Commonwealth sions of this Act or any of the coupons apper- leased, operated by, or under the control of of Massachusetts; to the Committee on the taining thereto, and the trustee under any the Authority, and may not exercise these Judiciary. trust indenture, except to the extent the powers on any other property unless: ‘‘RESOLUTION rights herein given may be restricted by ‘‘(1) Engaged in fresh pursuit of a suspected ‘‘Whereas, in a five-to-four decision on such trust indenture or the resolution au- offender; April eighteenth, nineteen hundred and nine- thorizing the issuance of such bonds, notes, ‘‘(2) Specially requested or permitted to do ty, the United States Supreme Court ex- or other evidence of obligation, may, either so in a political subdivision by its chief exec- tended the power of the judicial branch of at law or in equity, by suit, action, manda- utive officer or its chief police officer; or government beyond any defensible bounds; mus or other proceeding, protect and enforce ‘‘(3) Ordered to do so by the Governors of and any and all rights under the laws of the the State of Maryland, the Commonwealth of ‘‘Whereas, in Missouri v. Jenkins (110 Sup. State of Maryland, the Commonwealth of Virginia, or the Mayor of the District of Co- Ct. 1651 (1990)), the United States Supreme Virginia, or the District of Columbia or lumbia, as the circumstances may require. Court held that a Federal court had the granted hereunder or under such trust inden- ‘‘All other police officers of the signatory power to order an increase in State and local ture or the resolution authorizing the issu- parties and of each county, city, town, or taxes; and ance of such bonds, notes, or other evidence other political subdivision of the State of ‘‘Whereas, this unprecedented decision vio- of obligation, and may enforce and compel Maryland through which the project, or por- lates one of the fundamental tenets of the the performance of all duties required by tion thereof, extends shall have the same doctrine of separation of powers, that the this Act or by such trust indenture or resolu- powers and jurisdiction within the limits of members of the Federal judiciary should not tion to be performed by the Authority or by such project as they have beyond such limits have the power to tax; and any officer thereof, including the fixing, and shall have access to the project at any ‘‘Whereas, in response to this decision, sev- charging, and collecting of tolls. time for the purpose of exercising such pow- eral Members of Congress have introduced a ‘‘Article XI ers and jurisdiction. constitutional amendment to re-establish a ‘‘On or before the last day of August in ‘‘TAX EXEMPTION principle that has been well settled: judges each year, the Authority shall make an an- do not have the power to tax; and ‘‘The exercise of the powers granted by nual report of its activities for the preceding this Act will be in all respects for the benefit ‘‘Whereas, the passage of such constitu- fiscal year to the Governors of the State of tional amendment (first by a two-thirds ma- of the people of the State of Maryland and Maryland and the Commonwealth of Virginia for the increase of their commerce and pros- jority in both Houses of Congress and then and the Mayor of the District of Columbia. by three-fourths of the several States’ legis- perity, and as the operation and mainte- Each such report shall set forth a complete nance of the project will constitute the per- latures or conventions) would serve not only operating and financial statement covering to reverse in unfortunate decision, but also formance of essential governmental func- its operations during the year. The Author- tions, the Authority shall not be required to to reassert the legislature’s constitutional ity shall cause an audit of its books and ac- role in maintaining a strong tripartite sys- pay any taxes or assessments upon the counts to be made at least one in each year project or any property acquired or used by tem of government, a system in which each by certified public accountants and the cost of the branches is constrained by the others; the Authority under the provisions of this thereof may be treated as a part of the cost Act or upon the income therefrom, and the and of construction or operation of the project. ‘‘Whereas, such proposed constitutional bonds, notes, or other evidence of obligation The records, books, and accounts of the Au- amendment is a long overdue response to a issued under the provisions of this Act, and thority shall be subject to examination and federal judiciary that, in the pursuit of the income therefrom shall at all times be inspection by duly authorized representa- seemingly good ends, fails to recognize the free from taxation within the State of Mary- tives of the governing bodies of Maryland, constitutional limits on its power; and land. Virginia, and the District of Columbia and ‘‘Whereas, in addition to being introduced ‘‘Article XII by any bondholder or bondholders at any in the United States Congress such constitu- ‘‘BONDS, NOTES, OR OTHER EVIDENCE OF reasonable time, provided the business of the tional amendment has also been proposed by OBLIGATION ELIGIBLE FOR INVESTMENT Authority is not unduly interrupted or inter- several States; and ‘‘Bonds, notes, or other evidence of obliga- fered with thereby. ‘‘Whereas, the test of such proposed con- tion issued by the Authority under the provi- ‘‘Any member, agent, or employee of the stitutional amendment reads: ‘‘Neither the sions of this Act are hereby made securities authority who contracts with the Authority Supreme Court nor any inferior court of the in which all public officers and public bodies or is interested, either directly or indirectly, United States shall have the power to in- of the State of Maryland and its political in any contract with the Authority or in the struct or order a State or political subdivi- subdivisions, all insurance companies, trust sale of any property, either real or personal, sion thereof, or an official of such State or companies, banking associations, investment to the Authority shall be guilty of a mis- political subdivision, to levy or increase companies, executors, administrators, trust- demeanor, and, upon conviction may be pun- taxes’’; and ees, and other fiduciaries may properly and ished by a fine of not more than $1,000 or by ‘‘Whereas, such amendment seeks properly legally invest funds, including capital in imprisonment for not more than one year, or to prevent Federal courts from levying or in- their control or belonging to them. Such both. creasing taxes without representation of the bonds, notes, or other evidence of obligation ‘‘Any person who uses the project and fails people and against the people’s wishes; are hereby made securities which may prop- or refuses to pay the toll provided therefore therefore be it ‘‘Resolved, That the Massachusetts Senate erly and legally be deposited with and re- shall be guilty of a misdemeanor, and, upon hereby memorializes the United States Con- ceived by any State of Maryland or munici- conviction may be punished by a fine not gress to propose and submit to the several pal officer or any agency or political subdivi- more than $100 or by imprisonment for not States for ratification no later than January sion of the State of Maryland for any pur- more than thirty days, or both. ‘‘SECTION 2. And be it further enacted, That first, nineteen hundred and ninety-six, an pose for which the deposit of bonds, notes, or this Act may not take effect until a similar amendment to the Constitution of the Unit- other evidence of obligation is now or may Act is passed by the Commonwealth of Vir- ed States, the text of which amendment hereafter be authorized by law. ginia and the District of Columbia; that the shall read; ‘Neither the Supreme Court nor ‘‘Article XIII Commonwealth of Virginia and the District any inferior court of the United States shall ‘‘MISCELLANEOUS of Columbia are requested to concur in this have the power to instruct or order a State ‘‘Any action taken by the Authority under Act of the General Assembly of Maryland by or political subdivision thereof, or an official the provisions of this Act may be authorized the passage of a similar Act; that the De- of such State or political subdivision, to levy by resolution at any regular or special meet- partment of Legislative Reference shall no- or increase taxes’; and calls upon the Massa- ing, and each such resolution shall take ef- tify the appropriate officials of the Common- chusetts Congressional Delegation to use im- fect immediately and need not be published wealth of Virginia, the District of Columbia, mediately the full measure of its resources or posted. and the United States Congress of the pas- and influence in order to ensure the passage ‘‘The project when constructed and opened sage of this Act; and that upon the concur- of such amendment to the Constitution of to traffic shall be maintained and kept in rence in this Act by the Commonwealth of the United States, which provides that no good condition and repair by the Authority. Virginia and the District of Columbia and court shall have the power to levy or in- The project shall also be policed and oper- approval by the United States Congress, the crease taxes; and further proposes that the June 26, 1996 CONGRESSIONAL RECORD — SENATE S7023 legislatures of each of the several States Doris B. Holleb, of Illinois, to be a Member Ruth A. Shults Scott A. Vanomen comprising the United States which have not of the National Council of the Humanities Jerilyn A. Thornburg Ellen D. Wolfe yet made similar requests apply to the Unit- for a term expiring January 26, 2002. To be assistant nurse officer ed States Congress requesting enactment of Alan G. Lowry, of California, to be a Mem- such amendment to the United States Con- ber of the Board of Trustees of the James Susan Z. Mathew Terry L. Porter stitution; and be it further Madison Memorial Fellowship Foundation Richard M. Young ‘‘Resolved, That the copies of these resolu- for a term expiring May 29, 2001. To be senior assistant engineer officer tions be transmitted forthwith by the clerk Luis Valdez, of California, to be a Member of the Senate to the Vice President of the Terry L. Aaker Donald J. Hutson of the National Council on the Arts for a Cheryl Fairfield Allen K. Jarrell United States as the Presiding Officer of the term expiring September 3, 2000. Estill Jeffrey J. Nolte Senate, the Speaker of the House of Rep- Reginald Earl Jones, of Maryland, to be a resentatives, each member of the Massachu- Debra J. Hassinan Mutahar S. Shamsi Member of the Equal Employment Oppor- George F. Smith setts Congressional Delegation, and the pre- tunity Commission for a term expiring July siding officer and minority party leader in 1, 2000. To be assistant engineer officer each House of the legislatures of each State Levar Burton, of California, to be a Mem- Nathan D. Gjovik in the Union.’’ ber of the National Commission on Libraries To be scientist f and Information Science for a term expiring Deloris L. Hunter REPORTS OF COMMITTEES July 19, 2000. Marciene S. Mattleman, of Pennsylvania, To be senior assistant scientist The following reports of committees to be a Member of the National Institute for Anne T. Fidler Helena O. Mishoe were submitted: Literacy Advisory Board, for a term expiring Patrick J. McNeilly Paul D. Siegel By Mr. CHAFEE, from the Committee on October 12, 1998. William H. Taylor III Environment and Public Works, with an Victor H. Ashe, of Tennessee, to be a Mem- amendment in the nature of a substitute: ber of the Board of Directors of the Corpora- To be sanitarian S. 1730. A bill to amend the Oil Pollution tion for National and Community Service for Thomas C. Fahres Charles L. Higgins Act of 1990 to make the Act more effective in a term expiring October 6, 2000. Daniel M. Harper Michael M. Welch preventing oil pollution in the Nation’s wa- Reynaldo Flores Macias, of California, to To be senior assistant sanitarian ters through enhanced prevention of, and im- be a Member of the National Institute for proved response to, oil spills, and to ensure Literacy Advisory Board for a term expiring Gail G. Buonviri Florence A. that citizens and communities injured by oil September 22, 1998. Larry F. Cseh Kaltovich spills are promptly and fully compensated, The following candidates for personnel ac- Alan J. Dellapenna, David H. McMahon and for other purposes (Rept. No. 104–292). tion in the regular corps of the Public Health Jr. Nathan M. Quiring By Mr. D’AMATO, from the Committee on Service subject to qualifications therefor as Alan S. Echt David H. Shishido Banking, Housing, and Urban Affairs, with provided by law and regulations: Thomas A. Hill Linda A. Tiokasin an amendment in the nature of a substitute: Richard E. Turner S. 1815. A bill to provide for improved regu- 1. FOR APPOINTMENT Berry F. Williams lation of the securities markets, eliminate To be medical director To be veterinary officer excess securities fees, reduce the costs of in- Michael M. Harold W. Jaffe Stephanie I. Harris vesting, and for other purposes (Rept. No. Gottesman 104–293). To be senior assistant veterinary officer By Mr. STEVENS, from the Committee on To be senior surgeon Hugh M. Mainzer Shanna L. Nesby Governmental Affairs, without amendment: James F. Battey, Jr. H.R. 1508. A bill to require the transfer of Meta H. Timmons title to the District of Columbia of certain To be surgeon To be senior assistant pharmacist real property in Anacostia Park to facilitate Helene D. Gayle Thurma G. McCann Sarah E. Arroyo Andrew J. Litavecz the construction of National Children’s Is- Jeffrey R. Harris Michael E. St Louis Edward D. Bashaw IV land, a cultural, educational, and family-ori- Douglas B. Kamerow Charles C. Bruner Josephine A. Lyght ented park (Rept. No. 104–294). Vicky S. Chavez William B. By Mr. HELMS, from the Committee on To be senior assistant surgeon Scott M. Dallas McLiverty Foreign Relations, without amendment: Robert T. Chen Connie A. Kreiss Michele F. Gemelas M. Patricia Murphy H.R. 2070. A bill to provide for the distribu- Susan L. Crandall Boris D. Lushniak Terry A. Hook Anna M. Nitopi tion within the United States of the United Ahmed M. Elkashef Douglas L. Alice D. Knoben Robert G. Pratt States Information Agency film entitled Michael M. Engelgau McPherson Nancy E. Lawrence Kurt M. Riley ‘‘Fragile Ring of Life’’. Richard L. Hays Manette T. Niu By Mr. HELMS, from the Committee on Brockton J. Hefflin Robert J. Simonds To be assistant pharmacist Foreign Relations, with amendments: Clare Helminiak Jonathan T. Weber Gary L. Elam Sandra C. Murphy H.R. 3121. A bill to amend the Foreign As- Kathleen L. Irwin James A. Good Jill A. Sanders sistance Act of 1961 and the Arms Export To be senior assistant dental surgeon Valerie E. Jensen Pamela Stewart- Control Act to make improvements to cer- Kimberly D. Knutson Kuhn tain defense and security assistance provi- Thomas T. Barnes, Debra L. Edgerton sions under those Acts, to authorize the Jr. Paul J. Farkas To be assistant pharmacist pharmacist transfer of naval vessels to certain foreign Mitchel J. Bernstein Janie G. Fuller L. Jane Duncan countries, and for other purposes. Brenda S. Burges Kent K. Kenyon By Mr. HELMS, from the Committee on Deborah P. Costello Ruth M. Klevens To be senior assistant dietitian Foreign Relations, without amendment and David A. Crain Edward E. Neubauer Celia R. Hayes David M. Nelson with a preamble: Richard L. Decker Thomas A. Reese To be therapist H. Con. Res. 160. A concurrent resolution James V. Dewhurst Jose C. Rodriguez congratulating the people of the Republic of III Adele M. Upchurch Michael P. Flyzik Sierra Leone on the success of their recent To be assistant therapist democratic multiparty elections. To be dental surgeon By Mr. HELMS, from the Committee on Michael E. Korale Mark T. Melanson Foreign Relations, without amendment and To be nurse officer To be health services director with a preamble: James H. Sayers S. Res. 271. An original resolution express- Cathy J. Wasem ing the sense of the Senate with respect to To be health services officer To be senior assistant nurse officer the international obligation of the People’s Maureen E. Gormley Republic of China to allow an elected legisla- Donna N. Brown Lorraine D. Kelwood ture in Hong Kong after June 30, 1997, and for Gracie L. Bumpass Mary M. Leemhuis To be senior assistant health services officer other purposes. Martha E. Burton Susan R. Lumsden Corinne J. Axelrod Edward M. Annette C. Currier f Brenda J. Murray Deborah Dozier-Hall McEnerney Thomas E. Daly Michael J. Papania William M. Gosman Michael R. Milner EXECUTIVE REPORTS OF Terence E. Deeds Monique V. Janet S. Harrison Anne M. Perry COMMITTEES Joseph P. Fink Petrofsky Rebecca D. Hicks Elizabeth A. Rasbury Robert C. Frickey The following executive reports of Patricia K. Rasch Brian T. Hudson Ray J. Weekly Judy A. Gerry Letitia L. Rhodes- Richard D. Kennedy Craig S. Wilkins committees were submitted: Annie L. Gilchrist Bard By Mrs. KASSEBAUM, from the Commit- Byron C. Glenn To be assistant health services officer Thomas M. Scheidel tee on Labor and Human Resources: Margaret A. Hoeft Willard E. Dause S7024 CONGRESSIONAL RECORD — SENATE June 26, 1996 (The above nominations were re- ernor, $50; Women’s Campaign Fund, $50; Nominee: Marisa Rose Lino. ported with the recommendation that Clinton Inaugural Committee, $550; Lynn Post: Ambassador to Albania. Yeakel for Senate, $50; Vermont Women’s Contributions, amount, date, and donee. they be confirmed, subject to the nomi- 1. Self: none. nees’ commitment to requests to ap- Political Caucus, $50; Barbara Boxer for Sen- ate, $50; Hooper for VT Secretary of State, 2. Spouse: single. 3. Children and Spouses: none. pear and testify before any duly con- $50. 1991—Vermont Democratic Party, $100; stituted committee of the Senate.) 4. Parents: Luigi Lino, $10.00, Mar. 29, 1995, Chittenden County Democratic Party, $50; Democratic Nat’l Comm, $10.00, May 26, 1995, By Mr. HELMS, from the Committee on Women’s Political Caucus $50. Democratic Nat’l Comm; Vida Lino, none. Foreign Relations: 2. Spouse: (divorced). 5. Grandparents: Names: Antonio and Rosa John Christian Kornblum, of Michigan, to 3. Children and spouses: Names: Peter and Lino, Pasko and Emma Bego, (all deceased). be an Assistant Secretary of State. Lisa Kunin, none, Julia Kunin, none, Adam 6. Brothers and Spouses: none. Barbara Mills Larkin, of Iowa, to be an As- Kunin, none Daniel Kunin, none. 7. Sisters and Spouses: Names: Silva Emma sistant Secretary of State. 4. Parents: (deceased). Prosak, none, and Steve Prosak, none. Gerald S. McGowan, of Virginia, to be a 5. Grandparents: (deceased). Member of the Board of Directors of the 6. Brothers and spouses: Names: Edgar May John F. Hicks, Sr., of North Carolina, a Ca- Overseas Private Investment Corporation for $100, 1992, Clinton Campaign; $150, 1993, Doug reer Member of the Senior Foreign Service, a term expiring December 17, 1998. Racine Campaign. Class of Career Minister, to be Ambassador (The following is a list of all members of 7. Sisters and spouses: none. Extraordinary and Plenipotentiary of the the nominees’ immediate family and their United States of America to the State of Eri- spouses. Each of these persons has informed Harold Walter Geisel, of Illinois, a Career trea. the nominee of the pertinent contributions Member of the Senior Foreign Service, Class Nominee: John F. Hicks, Sr. made by them. To the best of the nominees of Minister-Counselor, to serve concurrently Post: Eritrea. knowledge, the information contained in this and without additional compensation as Am- Contributions, amount, date, and donee: report is complete and accurate.) bassador Extraordinary and Plenipotentiary 1. Self: John F. Hicks, none. 2. Spouse: Jacqueline M. Hicks, none. A. Vernon Weaver, of Arkansas, to be the of the United States of America to the Re- 3. Children and spouses; Names: Jocelyn F. Representative of the United States of Amer- public of Seychelles. Nominee: Harold W. Geisel. Hicks (daughter), John F. Hicks, Jr. (son), ica to the European Union, with the rank none. and status of Ambassador Extraordinary and Post: Mauritius. Contributions, amount, date, and donee. 4. Parents: Names: Mack L. Hicks (father) Plenipotentiary. (deceased); Annie H. Hicks (mother) (de- Nominee: Arthur Vernon Weaver, Jr. 1. Self: Harold W. Geisel, none. 2. Spouse: Susan L. Geisel, none. ceased). Post: U.S. Representative to the European 5. Grandparents: Names: John Frederick Union. 3. Children and Spouses: Names: Jacqueline J. Geisel (9) none, and Katherine L. Geisel (7) and Addie Hicks (deceased—paternal grand- Contributions, amount, date, and donee: parents); Stephen and Maggie Sherad (de- 1. Self, $1,000, 9/19/91, Cong. Ray Thorton; none. 4. Parents: Names: Gustav Geisel, none, ceased—maternal grandparents). $1,000, 9/19/91, Cong. Ray Thornton; $1,000, 3/5/ 6. Brothers and spouses: Names: Clarence and Stefi S. Geisel, none. 93, Cong. Ray Thornton; $1,000, 6/28/94, Cong. and Rhonda Hicks, none; Osceola Hicks, Ray Thornton; $1,000, 4/12/95, Cong. Ray 5. Grandparents: Names: Herman Geisel and Sophie Geisel, (deceased) and Sigfried none. Thornton; $250, 7/10/95, Sen. Bob Dole; $1,000, 7. Sisters and spouses: Names: Katrina and Siegel and Fridel Siegel, (deceased). 11/8/91, Clinton/Gore; $1,000, 8/31/95, Clinton/ James Goldsby, none; Joyce Hicks, none. Gore; $644.90, 1/8/93, Sen. Larry Pressler; 6. Brothers and spouses: Names: Jerome M. $355.10, 1/8/93, Sen. Larry Pressler; $144.80, 11/ Geisel, none, and Roseanne White Geisel, Avis T. Bohlen, of the District of Colum- 2/93, Sen. Larry Pressler; $210.30, 11/11/93, Sen. none. bia, a Career Member of the Senior Foreign 7. Sisters and spouses: None. Larry Pressler. Service, Class of Minister-Counselor, to be 2. Spouse: Joyce Weaver, $500, 5/16/90, Cong. Ambassador Extraordinary and Pleni- Alan R. McKee, of Maryland, a Career Ray Thornton; $500, 8/12/90, Cong. Ray Thorn- potentiary of the United States of America Member of the Senior Foreign Service, Class ton; $1,000, 3/5/93, Cong. Ray Thornton; $1,000, to the Republic of Bulgaria. of Counselor, to be Ambassador Extraor- 4/12/95, Cong. Ray Thornton; $1,000, 11/8/91, Nominee: Avis T. Bohlen. dinary and Plenipotentiary of the United Clinton/Gore; $1,000, 8/3/95, Clinton/Gore. Post: Ambassador to Bulgaria. States of America to the Kingdom of Swazi- 3. Children and spouses: Vanessa Weaver, Contributions, amount, date, and donee: land. (daughter age 40), $1,000, 9/95, Clinton/Gore. 1. Self: none. Nominee: Alan R. McKee. 2. Spouse: David P. Calleo, $50, 1991— Daphne Weaver, (daughter age 37), $250, 9/95, Post: Kingdom of Swaziland. Friends of Les Aspin; $200.00, 1992—Tsongas Clinton/Gore. Contributions, amount, date, and donee. for President. Robert Katt, (husband of Vanessa Weaver), 1. Self: None. 3. Children and spouses: Not applicable. $1,000, 9/95, Clinton/Gore. 2. Spouse: None. 4. Parents: Names: Charles Bohlen (de- 4. Parents: Arthur Vernon Weaver (de- 3. Children and spouses: Names: Amanda K. ceased, 1973); Avis Bohlen (deceased, 1982). ceased), and Geneviene Phillips Weaver (de- McKee, none, and Alexander B. McKee none. 5. Grandparents: Names: Charles Bohlen ceased). 4. Parents: T. Bonar McKee and Lois Ellen and Celestine Bohlen (deceased); George 5. Grandparents: Arthur B. Weaver, Sarah McKee (deceased). Thayer and Gertrude Thayer (deceased). Banks Weaver, Sean Phillips, and Nellie Mae 5. Grandparents: Nora Reel and Daniel 6. Brothers and spouses: Names: Charles Phillips Strang (all deceased). Reel: John and Isabel McKee, (All deceased.) Bohlen, $100, 1992—Becerra for Congress; $200, 6. Brothers and spouses: none. 6. Brothers and spouses; Name: Harris B. 1994—Doug Kahn; Jaye Scholl, None. 7. Sisters and spouses: Beatrice Mae Fryen, McKee, $35, 1/29/94, Minnesota Moderate Re- 7. Sisters and spouses: Names: Celestine none. publicans. Bohlen, none; Vladimir Lebedev, none. 7. Sisters and spouses: None. Madeleine May Kunin, of Vermont, to be Leslie M. Alexander, of Florida, a Career Ambassador Extraordinary and Pleni- Arlene Render, of Virginia, a Career Mem- Member of the Senior Foreign Service, Class potentiary of the United States of America ber of the Senior Foreign Service, Class of of Minister-Counselor, to be Ambassador Ex- to Switzerland. Minister-Counselor, to be Ambassador Ex- traordinary and Plenipotentiary of the Unit- Nominee: Madeleine May Kunin. traordinary and Plenipotentiary of the Unit- ed States of America to the Republic of Ec- Post: Ambassador to Switzerland. ed States of America to the Republic of uador. Contributions, amount, date, and donee: Zambia. Nominee: Leslie M. Alexander. 1. Self: 1996—Clinton/Gore Campaign, $100; Nominee: Arlene Render. Post: Quito. Emily’s List, $125; Democratic Senate Cam- Contributions, amount, date, and donee: Post: Republic of Zambia. 1. Self: none. paign Committee, $50. 1995—Clinton/Gore Contributions, amount, date, and donee. Campaign, $100; Democratic Senate Cam- 2. Spouse: none. 1. Self: none. 3. Children and spouses: Names: Margaret, paign Committee, $50; Democratic Congres- 2. Spouse: N/A. none; Natalia, none. sional Campaign Committee, $50; Democratic 3. Children and Spouses: none. 4. Parents: Names: Leslie M. Alexander, Congressional Campaign Committee, $50. 4. Parents: none. none; Ginette R. Alexander (deceased). 1994—Emily’s List, $100; Vermont Demo- 5. Grandparents: (deceased). 5. Grandparents: Names: Mr. and Mrs. L.M. cratic Party, $100. 1993—Howard Dean Cam- 6. Brothers and spouses: none. Alexander (deceased); Mr. and Mrs. R. paign for Governor, $50; Democratic Congres- 7. Sisters and spouses: none. Chevalon (deceased). sional Campaign Committee, $50; Elaine Bax- 6. Brothers and spouses: Names: Michael ter for Congress, $50; Don Hooper for Senate, Marisa R. Lino, of Oregon, a Career Mem- and Lorri Alexander, none; Bruce and Lisa $50; Doug Racine for Lt. Governor, $50. 1992— ber of the Senior Foreign Service, Class of Alexander, none; Steven Alexander, none. Vermont Democratic Party, $200; Clinton for Minister Counselor, to be Ambassador Ex- 7. Sisters and spouses: none. President, $100; Carol Mosley Braun, $50; traordinary and Plenipotentiary of the Unit- Leahy for Senate, $25; Arnie Arneson for ed States of America to the Republic of Al- Tibor P. Nagy, Jr., of Texas, a Career Governor, NH, $100; Howard Dean for Gov- bania. Member of the Senior Foreign Service, Class June 26, 1996 CONGRESSIONAL RECORD — SENATE S7025 of Counselor, to be Ambassador Extraor- 6. Brothers and spouses: none. Nominee: Thomas C. Hubbard. dinary and Plenipotentiary of the United 7. Sisters and spouses: none. Post: Philippines and Palau. States of America to the Republic of Guinea. Contributions, amount, date, and donee: Nominee: Tibor Peter Nagy, Jr. Wendy Jean Chamberlin, of Virginia, a Ca- 1. Self: none. Post: Ambassador to Guinea. reer Member of the Senior Foreign Service, 2. Spouse: Joan M. Hubbard, none. Contributions, amount, date, and donee: Class of Counselor, to be Ambassador Ex- 3. Children and spouses: Names: Lindley 1. Self: Tibor P. Nagy, Jr., none. traordinary and Plenipotentiary of the Unit- Taylor Hubbard, none; Carrie Hubbard, none. 2. Spouse: Eva Jane Nagy, none. ed States of America to the Lao People’s 4. Parents: Names: Thomas N. Hubbard (de- 3. Children and spouses: Names: Tisza Ann, Democratic Republic. ceased); Rebecca Taylor Hubbard (deceased). none; Peter William, none; Stephen Branson, Nominee: Wendy Chamberlin. 5. Grandparents: Names: Cato Taylor (de- none. Post: Vientiane, Laos. ceased); Lolabelle Taylor (deceased). 4. Parents: Names: Tibor Nagy, none; Contributions, amount, date, and donee: 6. Brothers and spouses: Names: Edward Zsuzsa Kovacs, none. 1. Self: Wendy Chamberlin, none. Dow Hubbard, none. 5. Grandparents: Names: Gyorgyi Kalman 2. Spouse: John H. Hawes, none. 7. Sisters and spouses: Names: Piera (deceased); Gyorgyi Emilia (deceased); Nagy 3. Children and spouses: Names: Chynna Springstead, none. Jozsef (deceased); Nagy Vilma (deceased). Hawes, none; Jade Hawes, none; Fabrizia (The above nominations were re- 6. Brothers and Spouses: Names: Redey Hawes, none; Christiana Hawes, none; Peter, none; Redey Jutka, none; Andras Ceazere LaFranconia, none (husb. of ported with the recommendation that Goldinger, none. Christiana); Alessia Kirkland, none; Kevin they be confirmed, subject to the nomi- 7. Sisters and spouses: Name: Redey Jutka, Kirkland, none (husb. of Alessia). nees’ commitment to respond to re- none. 4. Parents: Names: Col. William C. quests to appear and testify before any Chamberlin, none; Beverly Mann duly constituted committee of the Sen- Donald J. Planty, of New York, a Career Chamberlin, (deceased). Member of the Senior Foreign Service, Class ate.) 5. Grandparents: Names: Ann Mann (de- Mr. HELMS. Mr. President, for the of Minister-Counselor, to be Ambassador Ex- ceased); Admiral William Mann (deceased); traordinary and Plenipotentiary of the Henry Barrett Chamberlin (deceased); Mar- Committee on Foreign Relations, I also United States of America to the Republic of garet Chamberlin (deceased). report favorably three nomination lists Guatemala. 6. Brothers and spouses: Names: Henry in the Foreign Service which were Nominee: Donald J. Planty. Barrett Chamberlin, none; Ruth Chamberlin, printed in full in the Congressional Post: Guatemala. none (wife of brother Henry); Lt. Col. Wil- Contributions, amount, date, and donee: Records of May 9, and June 18, 1996, and liam Chamberlin, none; Shanta Chamberlin, 1. Self: Donald J. Planty, none. ask unanimous consent, to save the ex- 2. Spouse: Regina E. Planty, none. none (wife of William). pense of reprinting on the Executive 7. Sisters and spouses: No sisters. 3. Children and spouses: Names: Rev. Don- Calendar, that these nominations lie at ald J. Planty, Jr., none; Matthew D. Planty, James Francis Creagan, of Virginia, a Ca- the Secretary’s desk for the informa- none. tion of Senators. 4. Parents: Names: Mark Planty, none; reer Member of the Senior Foreign Service, Donald E. Planty, none; Bernadette A. Class of Minister-Counselor, to be Ambas- The PRESIDING OFFICER. Without Planty, none. sador Extraordinary and Plenipotentiary of objection, it is so ordered. 5. Grandparents: Names: Nicholas Boliver the United States of America to the Republic (The nominations ordered to lie on (deceased); Ora Planty (deceased); Arletha of Honduras. the Secretary’s desk were printed in Boliver (deceased); Cora Planty (deceased). Nominee: James F. Creagan. Post: Honduras. the RECORDS of May 9, and June 18, 1996 6. Brothers and spouses: Names: Brian and at the end of the Senate proceedings.) Kelly Planty, none; Brent and Linda Planty, Contributions, amount, date, and donee: 1. Self: James F. Creagan, none. FOREIGN SERVICE none. 7. Sisters and spouses: Names: Elaine 2. Spouse Gwyn Jonsson Creagan, none. The following-named persons of the agen- 3. Children and spouses: Names: Sean M.A. Planty, none; Karen and Steve Vout, none; cies indicated for appointment as Foreign Creagan, none; Kevin and Noemi Creagan, Dawn Planty, none; Renee and Gary Davoy, Service Officers of the classes stated, and none. none. also for the other appointments indicated 4. Parents: Names: Mareta T. Creagan (de- herewith: ceased) James M. Creagan, none; Alice Svete Dennis C. Jett, of New Mexico, a Career For appointment as Foreign Service Offi- Creagan, none. Member of the Senior Foreign Service, Class cers of Class Two, Consular Officers and Sec- 5. Grandparents: Names: Carl Creagan (de- of Minister-Counselor, to be Ambassador Ex- retaries in the Diplomatic Service of the ceased); Mary Traxler (deceased); Leota traordinary and Plenipotentiary of the Unit- United States of America; Creagan (deceased). ed States of America to the Republic of 6. Brothers and spouses: Names: Tom and AGENCY FOR INTERNATIONAL DEVELOPMENT Peru. Sue Creagan, none; David and Janet Donald C. Masters, of the District of Colum- Nominee: Dennise C. Jett. bia Post: Lima, Peru. Creagan, none. Contributions, amount, date, and donee: 7. Sisters and spouses: Names: Judith U.S. INFORMATION AGENCY Creagan Brown and Hank Brown, Jr., none. 1. Self: none. Gail Milissa Grant, of Missouri 2. Spouse: Lynda Schuster, none. Patricia McMahon Hawkins, of New Hamp- Glen Robert Rase, of Florida, a Career 3. Children and spouses: Names: Brian Jett, shire none; Allison Jett, Non. Member of the Senior Foreign Service, Class Parents: Clifton Jett (deceased); Helen of Counselor, to be Ambassador Extraor- For appointment as Foreign Service Offi- Jett, none. dinary and Plenipotentiary of the United cers of Class Three, Consular Officers and 5. Grandparents: Names: (deceased). States of America to Brunei Darussalam. Secretaries in the Diplomatic Service of the 6. Brothers and spouses: Names: James and Nominee: Glen Robert Rase. United States of America: Evangeline Jett, Michael and Barbara Jett, Post: Ambassador, Brunei Darussalam. AGENCY FOR INTERNATIONAL DEVELOPMENT and Paul Jett, none. Contributions, Amount, date, and donee: Richard W. Loudis, of Florida 1. Self: none. 7. Sisters and spouses: none. Mark Stewart Miller, of Florida 2. Spouse: none. Allen F. Vargas, of New York Lino Gutierrez, of Florida, a Career Mem- 3. Children and spouses: none. ber of the Senior Foreign Service, Class of 4. Parents: Names: Robert F. Rase, none; DEPARTMENT OF COMMERCE Counselor, to be Ambassador Extraordinary Gloria R. Rase, none. Reginald A. Miller, of California and Plenipotentiary of the United States of 5. Grandparents: Names: Catherine Rase, Judy R. Reinke, of Virginia none; Caroline Ready, none. America to the Republic of Nicaragua. DEPARTMENT OF STATE 6. Brothers and spouses: none. Nominee: Lino Gutierrez. Juan M. Bracete, of Florida Post: Ambassador to Nicaragua. 7. Sisters and spouses: Names: Carol Rase, Contributions, amount, date, and donee: none; Steven Frasier, none. For appointment as Foreign Service Offi- 1. Self: Lino Gutierrez, none. cers of Class Four, Consular Officers and Sec- 2. Spouse: Miriam Messina-Gutierrez, none. Thomas C. Hubbard, of Tennessee, a Career retaries in the Diplomatic Service of the 3. Children and spouses: Names: Alicia Tio- Member of the Senior Foreign Service, Class United States of America: Messina, none; Diana Lynn Gutierrez, none; of Minister-Counselor, to be Ambassador Ex- DEPARTMENT OF AGRICULTURE traordinary and Plenipotentiary of the Unit- Susana Marie Gutierrez, none. Karl Hampton, of the District of Columbia 4. Parents: Names: Lino Gutierrez (father) ed States of America to the Republic of the (deceased); Maria F. Gutierrez (mother), Philippines and to serve concurrently and UNITED STATES INFORMATION AGENCY none. without additional compensation as Ambas- Susan Tebeau Bell, of South Carolina 5. Grandparents: Names: Lino Gutierrez, sador Extraordinary and Plenipotentiary of Rebecca Tracy Brown, of California Eugenia Gutierrez, Luis Fernandez, Etelvina the United States of America to the Republic Kate Marie Byrnes, of Florida Fernandez (all grandparents deceased). of Palau. Margot Carrington, of Florida S7026 CONGRESSIONAL RECORD — SENATE June 26, 1996 Anne Sara Casper, of Nevada Michael C. John, of Virginia Frank G. Carrico, Jr., of Texas Charles Gary Cole, of California Patricia Kozlik Kabra, of California James M. Fluker, of New York Lincoln D. Dahl, of Nevada Andrew M. Langenbach, of Virginia Rosemary D. Gallant, of Virginia David Adams Duckenfield, of the District of David Kent Mason, of Virginia Kenneth H. Keefe, of Florida Columbia Maryann McKay, of California James M. McCarthy, of Maryland David Joseph Firestein, of Texas Andrea Linda Meyer, of Pennsylvania DEPARTMENT OF STATE Stefen Granito, of Florida Cynthia L. Morrow, of Virginia Michael Jonathan Adler, of Maryland Marjorie R. Harrison, of Pennsylvania Duc Tan Ngo, of Virginia Stefanie Amadeo, of New Jersey Erik Anders Holm-Olsen, of New Jersey Jean T. Olson, of Florida Mary Ruth Avery, of Florida Robert C. Howes, of Michigan Robert E. Orkosky, of Virginia Daniel Karl Balzer, of Ohio Tiffany Ann Jackson-Zunker, of California Elizabeth C. Pokorny, of Virginia Douglas Covell Bayley, of Wisconsin Geraldine F. Keener, of California Laura B. Pramuk, of Colorado Mark D. Bysfield, of Missouri Christine A. Leggett, of California Ann M. Roubachewsky, of Maryland Paul M. Cantrell, of California Deena Fathi Mansour, of Wyoming Norville B. Spearman, Jr., of California Robin Lisa Dunnigan, of California Karen Morrissey, of Florida Karen Sullivan, of New York Monica Elizabeth Eppinger, of Arizona George P. Newman, of New York Kurt N. Theodorakos, of Virginia Jill Marie Esposito, of New York Thomas Joseph Nicholas Pierce, of Connecti- The following-named Career Members of Nicholas A. Ferro, of Virginia cut the Senior Foreign Service of the Depart- Michael Edward Garrote, of Pennsylvania Adele E. Ruppe, of Maryland ment of Commerce for promotion in the Sen- Pamela L. Gomez, of Texas R. Stephen Schermerhorn, of Florida ior Foreign Service to the class indicated: Brian A. Goggins, of the District of Columbia Dana Cohn Shell, of California Career Members of the Senior Foreign Deborah Zamora Grout, of New Mexico Victoria L. Sloan, of Florida Service of the United States of America, Helen Hamilton Hahn, of Florida Susan Nan Stevenson, of Florida Class of Minister-Counselor: Ruth Mary Hall, of Virginia Scott D. Weinhold, of Wisconsin Terence Flannery, of Virginia Scott Ian Hamilton, of Illinois Ivan Weinstein, of New Jersey Laron L. Jensen, of Virginia Richard Alan Hinson, of Florida Richard Morgan Wilbur, of New York The following-named Career Members of Gerard Thomas Hodel, of New York DEPARTMENT OF STATE the Foreign Service for promotion into the Dirk J. Hofschire, of Nebraska Robert M. Anthony, of Oklahoma Senior Foreign Service, as indicated: Todd Michael Huizinga, of Michigan Jonathan Jay Beighle, of Washington Career Members of the Senior Foreign Donald Emil Jacobson, of California Randy William Berry, of Colorado Service of the United States of America, Catherine Elias Kay, of Illinois Paul W. Blankenship, of Texas Class of Counselor: Michael Christopher Keays, of California Sharon T. Bowman, of New York Dolores F. Harrod, of New Hampshire Kristina A. Kvien, of California Frances Chisholm, of New Hampshire James L. Joy, of Florida Christopher John Lamora, of Rhode Island Nancy Ann Cohen, of California David K. Katz, of California Jeanne M. Maloney, of Tennessee Marie Christine Damour, of Virginia George W. Knowles, of Florida Colette A. Marcellin, of Texas Nathaniel Pabody Dean, of the District of Kay R. Kuhlman, of Florida Michael John Mates, of Washington Columbia John L. Priamou, of the District of Columbia Ann Barrows McConnell, of California Shwan Dorman, of New York George F. Ruffner, of Pennsylvania Jennifer Allyn McIntyre, of Maryland Christopher G. Dunnett, of Florida The following-named persons of the agen- Kellie A. Meiman, of Georgia Levon A. Eldemir, of California cies indicated for appointment as Foreign Elizabeth Inga Millard, of Virginia Robert Frank Ensslin, of Florida Service Officers of the classes stated, and Douglas Alan Morris, of Nebraska George H. Frowick, of California also for the other appointments indicated W. Patrick Murphy, of New Hampshire Joanne Gilles, of New York herewith: Courtney R. Nemroff, of Pennsylvania William Lewis Griffith, of New York For appointment as Foreign Service Offi- Matthew A. Palmer, of Massachusetts Alexander Grossman, of Texas cers of Class Two, Consular Officers and Sec- Sooky Wynne Park, of Maryland David C. Hermann, of Massachusetts retaries in the Diplomatic Service of the Richard Carlton Paschall, III, of North Caro- Andrew S. Hillman, of New York United States of America: lina Irma J. Hopkins, of Indiana AGENCY FOR INTERNATIONAL DEVELOPMENT Sarah S. Penhune, of Massachusetts Mark Scott Johnsen, of California Mark Stephen Prokop, of Connecticut Justin Emmett Doyle, of New York Marc C. Johnson, of the District of Columbia Charles Randolph, IV, of Connecticut Hector Nava, of California Christopher A. Landberg, of Washington Thomas Metzger Ramsey, of New York Scott D. McDonald, of Florida DEPARTMENT OF COMMERCE Howard Verne Reed, of New York Edward Vincent O’Brien, of Florida Craig B. Allen, of Wisconsin Walter Scott Reid, III, of Virginia Edward W. O’Connor, of Pennsylvania Robert M. Murphy, of Washington Sonja Kay Rix, of New York Derrick Meyer Olsen, of Oregon DEPARTMENT OF STATE William Vernon Roebuck, Jr., of North Caro- Michael Joseph Petrucelli, of Maryland David M. Buss, of Texas lina Patrick Robert Quigley, of Florida Patricia M. Haslach, of Oregon Ava L. Rogers, of Louisiana Marilynn Williams Rowdybush, of Ohio Jennifer Ann Richter, of Pennsylvania For appointment as Foreign Service Offi- Cynthia Corbin Sharpe, of Texas cers of Class Three, Consular Officers and Paul M. Simon, of Florida Kathleen S. Sheehan, of Massachusetts Secretaries in the Diplomatic Service of the Sherry Lynn Steeley, of Pennsylvania Catherine Ann Shumann, of New Jersey United States of America: Gregory William Sullivan, of Florida Raymond Daniel Toma, Jr., of Michigan Joseph F. Tilghman, of Connecticut Pamela M. Tremont, of Texas AGENCY FOR INTERNATIONAL DEVELOPMENT Donna Visocan Vandenbroucke, of Virginia James J. Turner, of Maryland David John Clark, of Texas Steven Craig Walker, of Hawaii The following-named Members of the For- Amy Renneisen Fawcett, of Tennessee Deirdre M. Warner, of Pennylvania eign Service of the United States Informa- James B. Gaughran, of Virginia Robert Forrest Winchester, of California tion Agency and the Department of State to Michael J. Greene, of Washington James A. Wolfe, II, of California be Consular Officers and/or Secretaries in Philip D. Horschler, of California The following-named Members of the For- the Diplomatic Service of the United States Virginia Howell Poole, of Virginia eign Service of the Departments of Com- of America, as indicated: Claude Wilbur Mark Reece, of Virginia merce and State to be Consular Officers and/ Consular Officers and Secretaries in the Caroline Truesdell, of New York or Secretaries in the Diplomatic Service of Diplomatic Service on the United States of Ruth F. Woodcock, of Florida the United States of America, as indicated: America: Albert Obiri Yeboah, of Virginia Consular Officers and Secretaries in the Amanda L. Blanck, of Missouri DEPARTMENT OF AGRICULTURE Diplomatic Service of the United States of Patrick W. Boyden, of Indiana Sharon A. Bylenga, of Florida America: Bruce W. Brett, of Virginia DEPARTMENT OF COMMERCE Rebecca Arends, of Virginia David H. Cannon, of California Kathleen T. Austin, of the District of Colum- Ann M. Bacher, of Florida Robert W. Chapman, of Virginia bia Nancy K. Charles-Parker, of Virginia Richard K. Choate, of Virginia Frank Joseph Babetski, of Virginia David K. Schneider, of Virginia Collette M. Christian, of Oregon Bartholomew Louis Barbessi, of New York Dale N. Tasharski, of Tennessee Jennifer N.M. Coile, of Wyoming Allison M. Beck, of Virginia Daniel Keith Hall, of Virginia For appointment as Foreign Service Offi- Jemile L. Bertot, of Connecticut James L. Harris, of Virginia cers of Class Four, Consular Officers and Sec- Harry Arthur Blanchette, of Florida Mary Heintzelman, of the District of Colum- retaries in the Diplomatic Service of the Lillian A. Braman, of Virginia bia United States of America: Ron A. Braverman, of New Jersey Maureen Matter Howard, of Washington DEPARTMENT OF COMMERCE Mary Kathleen Bryla, of the District of Co- Michael J. Hughes, of Virginia Linda F. Archer, of California lumbia June 26, 1996 CONGRESSIONAL RECORD — SENATE S7027 Guillermo Santiago Christensen, of Virginia TREATY DOC 104–27 INTERNATIONAL NATURAL This bill, which I introduce with Sen- David F. Davison, of Virginia RUBBER AGREEMENT, 1995 (EXEC. REPT. 104–21) ator BOXER, would provide three simple Paul J. DeFrancesco, Jr., of Ohio Text of the committee-recommended reso- protections: Catherine I. Ebert-Gray, of Colorado lution of advice and consent: First, the bill would prohibit com- David J. Fineman, of Virginia Resolved, (two-thirds of the Senators present mercial list brokers from selling per- Clarence Franklin Foster, Jr., of Virginia concurring therein), That the Senate advise Dennis David Grabulis, of Virginia sonal information about children under and consent to the ratification of The Inter- 16 to anyone, without first getting the Richard Jason Grimes, of Virginia national Natural Rubber Agreement, 1995, Brian Gibbs Gunderson, of Virginia done at Geneva on February 17, 1995 (Treaty parent’s consent. Kent Frendon Hallberg, of Virginia Doc. 104–27), subject to the following declara- All kinds of information about our Jerry Hersh, of New York tion: children—more facts than most of us Sallie Marie Hicks, of Virginia It is the Sense of the Senate that ‘‘no res- might think or hope for—is rapidly be- Tyrena L. Holley, of the District of Columbia ervations’’ provisions as contained in Article coming available through these list Jon Clarke Hooper, of Virginia 68 have the effect of inhibiting the Senate brokers. It is only a matter of time be- Horace P. Jen, of Virginia from exercising its constitutional duty to fore this information begins to fall into Jennifer J. Jordan, of Virginia give advice and consent to a treaty, and the the wrong hands. Scott H. Jung, of Maryland Senate’s approval of this treaty should not Recently, a reporter in Los Angeles Kurtis Michael Kessler, of Virginia be construed as a precedent for acquiescence Mark A. LaBrecque, of Virginia was easily able to purchase parent’s to future treaties containing such a provi- names, birth months and addresses for Kristine R. Lansing, of Virginia sion. Michael W. Liikala, of California 5,500 children aged 1–12 in a particular f Douglas M. Littrel, of Virginia neighborhood. The reporter used the Frank J. Manganiello, of Virginia INTRODUCTION OF BILLS AND name of a fictitious company, gave a Mark J. Martin, of Virginia JOINT RESOLUTIONS nonworking telephone number, had no Kevin Bruce McKinney, of Virginia credit card or check, and identified Marion K. McMahel, of Maryland The following bills and joint resolu- herself as ‘‘Richard Allen Davis,’’ the Tara K. Nathan, of Virginia tions were introduced, read the first Geraldine H. O’Brien, of Virginia notorious murderer of Polly Klaas. and second time by unanimous con- When ordering the list, the company Henry Oppermann, of Maryland sent, and referred as indicated: Homer C. Pickens III, of Virginia representative simply told her, ‘‘Oh, Phyllis Marie Powers, of Texas By Mr. SIMPSON: you have a famous name,’’ and sent her Christopher C. Rand, of Virginia S. 1907. A bill to provide for daylight sav- the information COD. This is simply Helen Patricia Reed-Rowe, of Maryland ing time on an expanded basis, and for other unacceptable. William Rodman Regan, of Virginia purposes; to the Committee on Commerce, Second, the bill would give parents Science, and Transportation. Cornelio Rivera III, of Virginia the authority to demand information Fed A. Schellenberg, of Virginia By Mrs. FEINSTEIN (for herself and Mrs. BOXER): from the list brokers who traffic in the David D. Shilling, of Maryland personal data of their children—bro- James B. Sizemore, of Virginia S. 1908. A bill to amend title 18, United Mary Emerson Slimp, of Virginia States Code, to prohibit the sale of personal kers will be required to provide parents Amy Katherine Stamps, of Virginia information about children without their with a list of all those to whom they Andrea Robin Starks, of Maryland parents’ consent, and for other purposes; to sold information about the child, and Revalee Stevens, of the District of Columbia the Committee on the Judiciary. must also tell the parent precisely Louis V. Surgent, Jr., of Maryland By Mrs. BOXER: what kind of information was sold. Dwayne Leo Therriault, of Virginia S. 1909. A bill to require the offer in every If this personal information is out Michael S. Tulley, of California defined benefit plan of a joint and 2/3 survi- vor annuity option and to require compara- there, and brokers are buying and sell- Bruce G. Valentine, Jr., of Virginia ing it back and forth, it is only reason- Randall R. Videgar, of Virginia tive disclosure of all benefit options to both spouses; to the Committee on Finance. able that we allow parents to find out Anthony David Watt, of Wyoming what information has been sold and to Ann G. Webster, of Virginia f Helga L. Weisto, of Maryland whom that information has been given. David S. Wick, of Delaware SUBMISSION OF CONCURRENT AND Finally, this bill would prohibit list Robert T. Yurko, of Maryland SENATE RESOLUTIONS brokers from using prison labor to The following concurrent resolutions input personal information. This seems like common sense to most of us, but and Senate resolutions were read, and TREATY DOC 104–24 AGREEMENT CONCERNING unfortunately the use of prison labor is referred (or acted upon), as indicated: STRADDLING FISH STOCKS AND HIGHLY MI- not currently prohibited. GRATORY FISH STOCKS (EXEC. REPT. 104–20) By Mr. HELMS: Mr. President, I ask unanimous con- S. Res. 271. An original resolution express- sent that a May 6, 1996, Wall Street Text of the committee-recommended reso- ing the sense of the Senate with respect to lution of advice and consent: the international obligation of the People’s Journal article be printed in the Resolved, (two-thirds of the Senators present Republic of China to allow an elected legisla- RECORD. This recent Wall Street Jour- concurring therein), That the Senate advise ture in Hong Kong after June 30, 1997, and for nal article described the terrible expe- and consent to the ratification of The Agree- other purposes; from the Committee on For- rience of Beverly Dennis, an Ohio ment for the Implementation of the Provi- eign Relations; placed on the calendar. grandmother who filled out a detailed sions of the United Nations Convention on By Mr. D’AMATO: marketing questionnaire about her the Law of the Sea of 10 December 1982 Re- S. Res. 272. A resolution to amend Senate buying habits for a mail-in survey. She lating to the Conservation and Management Resolution 246; considered and agreed to. filled out the questionnaire when she of Straddling Fish Stocks and Highly Migra- f was told that she might receive free tory Fish Stocks, with Annexes (‘‘The Agree- product samples and helpful informa- STATEMENTS ON INTRODUCED ment’’), which was adopted at United Na- tion. Rather than receiving product in- BILLS AND JOINT RESOLUTIONS tions Headquarters in New York by Consen- formation, however, she soon began to sus of the United Nations Conference on By Mrs. FEINSTEIN (for herself and Mrs. receive sexually explicit, fact-specific Straddling Fish Stocks and Highly Migra- BOXER): letters from a convicted rapist serving tory Fish Stocks on August 4, 1995, and S. 1908. A bill to amend title 18, Unit- signed by the United States on December 4, time. ed States Code, to prohibit the sale of The rapist, writing from his prison 1995 (Treaty Doc. 104–24), subject to the fol- personal information about children lowing declaration: cell, had learned the very private, inti- without their parents’ consent, and for mate details about her life because he It is the Sense of the Senate that ‘‘no res- other purposes; to the Committee on was keypunching her personal ques- ervations’’ provisions as contained in Article the Judiciary. tionnaire data into a computer for a 42 have the effect of inhibiting the Senate from exercising its constitutional duty to THE CHILDREN’S PRIVACY PROTECTION AND subcontractor. Ms. Dennis received let- give advice and consent to a treaty, and the PARENTAL EMPOWERMENT ACT OF 1996 ters with elaborate sexual fantasies, Senate’s approval of this treaty should not Mrs. FEINSTEIN. Mr. President, I woven around personal facts provided be construed as a precedent for acquiescence rise to urge my colleagues to support by her in the questionnaire. This bill to future treaties containing such a provi- this simple but strong legislation to would have prevented the situation sion. protect our children. from ever occurring. S7028 CONGRESSIONAL RECORD — SENATE June 26, 1996 This bill is really very simple. Some or having reason to believe that the informa- questions’’ raised by the suit include ‘‘how marketing companies may be unhappy tion will be used to abuse the child or phys- you establish harm in the misuse of personal that the Government is trying to legis- ically to harm the child; information, as well as what the appropriate late how they do business, but we have shall be fined under this title or imprisoned limitations are’’ when handling personal not more than one year, or both. data. to weigh the safety and well-being of Michael Lenett, an attorney with the our children against the small incon- ‘‘(b) A child or the parent of that child with respect to whom a violation of this sec- Cuneo Law Group in Washington, D.C., who venience of requiring parental consent tion occurs may in a civil action obtain ap- is representing Ms. Dennis, says the defend- in these cases. Given the rapidly propriate relief, including statutory money ants ‘‘would have had to know that disclo- changing nature of the marketing busi- damages of not less than $1,000. The court sure of personal private information to con- ness and the ways in which child mo- shall award a prevailing plaintiff in a civil victed felons would run a very serious risk of lesters and other criminals operate, action under this subsection a reasonable at- possible harm.’’ torney’s fee as a part of the costs. A Donnelly spokesman says senior man- this bill is an important step in pro- agement didn’t know that prisoners were en- tecting our kids from those who would ‘‘(c) As used in this section— ‘‘(1) the term ‘child’ means a person who tering the data because the work was han- do them harm. has not attained the age of 16 years; dled through a contractor. Senior manage- Mr. President, I ask unanimous con- ‘‘(2) the term ‘‘parent’’ includes a legal ment learned of the arrangement when Ms. sent that the text of this bill be printed guardian; Dennis received the letter and ‘‘we ordered it in the RECORD. ‘‘(3) the term ‘personal information’ means stopped,’’ he says. Using prisoners to handle There being no objection, the mate- information (including name, address tele- consumer data, he says, ‘‘wasn’t Metromail’s rial was ordered to be printed in the phone number, social security number, and policy then, it isn’t now, and it never will be.’’ He said he couldn’t comment on the RECORD, as follows: physical description) about an individual identified as a child, that would suffice to suit’s specific allegations. S. 1908 physically locate and contact that individ- The suit names as defendants Metromail Be it enacted by the Senate and House of Rep- ual; and and its parent, along with the Texas Depart- resentatives of the United States of America in ‘‘(4) the term ‘list broker’ means a person ment of Criminal Justice. Also named is Congress assembled, who, in the course of business, provides mail- closely held Computerized Image & Data SECTION 1. SHORT TITLE. ing lists, computerized or telephone ref- Systems Inc., the tiny Roslyn Heights, N.Y., This Act may be cited as the ‘‘Children’s erence services, or the like containing per- concern that contracted to process Privacy Protection and Parental sonnel information of children.’’ Metromail’s survey data and then subcon- tracted the work to the Texas prison system. Empowerment Act of 1996’’. (b) CLERICAL AMENDMENT.—The table of A spokesman for the Texas correctional sections at the beginning of chapter 89 of SEC. 2. PROHIBITION OF CERTAIN ACTIVITIES system said prisoners still process data, but RELATING TO PERSONAL INFORMA- title 18, United States Code, is amended by declined comment on the suit. A Computer- TION ABOUT CHILDREN. adding at the end the following new item: (a) IN GENERAL.—Chapter 89 of title 18, ized Image official said he couldn’t imme- ‘‘1822. Sale of personal information about diately respond, but he said the company no United States Code, is amended by adding at children.’’. the end of the following: longer uses prisoners to process data. Inmates in the prison systems of more § 1822. Sale of personal information about [From the Wall Street Journal, May 6, 1996] than a dozen states routinely process data, children PRIVACY ISSUE RAISED IN DIRECT-MAIL CASE answer 800-number calls for information, ‘‘(a) Whoever, in or affecting interstate or (By James P. Miller) even work as telemarketers. Electronic Pri- foreign commerce— vacy’s Mr. Rotenberg says the suit will prob- ‘‘(1) being a list broker, knowingly— Beverly Dennis thought she’d receive free ably shed some light on the questions of how ‘‘(A) sells, purchases, or receives remunera- product samples through the mail when she much sensitive consumer information is tion for providing personal information filled out a detailed Metromail Corp. ques- being handled by prisoners, and how ade- about a child knowing that such information tionnaire about her buying habits. Instead, quate the safeguards are. pertains to a child without the consent of a she got a disturbing letter from an impris- Metromail gathers information about con- parent of that child; or oned rapist. sumers through a variety of sources, such as ‘‘(B) conditions any sale or service to a Although Ms. Dennis didn’t know it at the new-car registrations, birth notices and title child or to that child’s parent on the grant- time, prison inmates were processing data transfers. It sells the lists to commercial ing of such a consent; from the questionnaires for the direct-mar- customers, such as telemarketers. ‘‘(2) being a list broker, knowingly fails to keting unit of R.R. Donnelley & Sons Inc. Ms. Dennis provided the information about comply with the request of a parent— The ‘‘highly offensive, sexually graphic and herself in response to Metromail circulars ‘‘(A) to disclose the source of personal in- threatening’’ letter came from a Texas in- that suggested national grocery-product con- formation about that parent’s child; mate who learned about her life while cerns were prepared to send free product ‘‘(B) to disclose all information that has keypunching data from the questionnaires, samples and coupons to consumers who got been sold or otherwise disclosed by that list according to a lawsuit Ms. Dennis filed last on Metromail’s ‘‘Shopper Mail list’’ by fill- broker about that child; or month in state court in Travis County, ing out the questionnaire. ‘‘(C) to disclose the identity of all persons Texas. If it said [on the circular] it would be sent who whom the list broker has sold or other- The suit accuses Metromail of fraud for to a prison, I certainly wouldn’t have filled wise disclosed personal information about not telling Ms. Dennis that prisoners would it out,’’ the Ohio grandmother said in an that child; process the surveys and alleges that the dis- interview, adding that when she received the ‘‘(3) being a person who, using any personal closure of personal information to violent letter, she was ‘‘terribly frightened.’’ information about a child in the course of criminals constitutes and ‘‘intentional or f commerce that was obtained for commercial reckless disregard’’ of her safety. The suit purposes, has directly contacted that child seeks class-action status on behalf of all con- ADDITIONAL COSPONSORS or a parent of that child to offer a commer- sumers whose privacy interests were alleg- S. 1397 cial product or service to that child, know- edly injured in the same way. ingly fails to comply with the request of a The inmate’s 12-page letter ‘‘referred to At the request of Mr. KYL, the name parent— the magazines of interest to Ms. Dennis, her of the Senator from Oklahoma [Mr. ‘‘(A) to disclose to the parent the source of interest in physical fitness, the fact that she INHOFE] was added as a cosponsor of S. personal information about that parent’s is divorced, her income level, her birthday, 1397, a bill to provide for State control child; and the personal care products she uses,’’ ac- over fair housing matters, and for ‘‘(B) to disclose all information that has cording to her lawsuit. In one chilling pas- other purposes. been sold or otherwise disclosed by that per- sage quoted in the lawsuit, the convict spun S. 1400 son about that child; or out a sexual fantasy involving a brand of ‘‘(C) to disclose the identity of all persons soap Ms. Dennis had mentioned in the sur- At the request of Mrs. KASSEBAUM, to whom such a person has sold or otherwise vey. the name of the Senator from Florida disclosed personal information about that The 1994 episode underscores the dangers of [Mr. MACK] was added as a cosponsor of child; giving prison inmates access to highly per- S. 1400, a bill to require the Secretary ‘‘(4) knowingly uses prison inmate labor, or sonal information about consumers. ‘‘It’s an of Labor to issue guidance as to the ap- any worker who is registered pursuant to important case,’’ says Marc Rotenberg, of plication of the Employee Retirement title XVII of the Violent Crime Control and the Electronic Privacy Information Center Income Security Act of 1974 to insur- Law Enforcement Act of 1994, for data proc- in Washington, a privacy advocacy group. ance company general accounts. essing of personal information about chil- ‘‘It goes right to the question of privacy dren; or safeguards in the marketing industry.’’ S. 1491 ‘‘(5) knowingly distributes or receives any Mr. Rotenberg, who teaches privacy law at At the request of Mr. GRAMS, the personal information about a child, knowing Georgetown University, says the ‘‘novel names of the Senator from Utah [Mr. June 26, 1996 CONGRESSIONAL RECORD — SENATE S7029

HATCH], and the Senator from Wiscon- amendment No. 4090 proposed to S. Whereas the Joint Declaration is a binding sin [Mr. FEINGOLD] were added as co- 1745, an original bill to authorize ap- international agreement registered at the sponsors of S. 1491, a bill to reform propriations for fiscal year 1997 for United Nations that guarantees Hong Kong a antimicrobial pesticide registration, military activities of the Department ‘‘high degree of autonomy’’ except in defense and foreign affairs, an elected legislature, an and for other purposes. of Defense, for military construction, executive accountable to the elected legisla- S. 1644 and for defense activities of the De- ture, and an independent judiciary with final At the request of Mr. BROWN, the partment of Energy, to prescribe per- power of adjudication over Hong Kong law; name of the Senator from Indiana [Mr. sonnel strengths for such fiscal year Whereas the United States-Hong Kong Pol- LUGAR] was added as a cosponsor of S. for the Armed Forces, and for other icy Act of 1992 expresses the support of the 1644, a bill to authorize the extension purposes. United States Congress for full implementa- of nondiscriminatory treatment (most- AMENDMENT NO. 4165 tion of the Joint Declaration and declared favored-nation) to the products of Ro- At the request of Mr. DODD, his name that— mania. was added as a cosponsor of amend- (1) the United States has a ‘‘strong interest in the continued vitality, prosperity, and S. 1687 ment No. 4165 intended to be proposed stability of Hong Kong’’; At the request of Mr. KERRY, the to S. 1745, an original bill to authorize name of the Senator from Montana appropriations for fiscal year 1997 for (2) ‘‘the human rights of the people of Hong Kong are of great importance to the United [Mr. BAUCUS] was added as a cosponsor military activities of the Department of Defense, for military construction, States and are directly relevant to United of S. 1687, a bill to provide for annual States interests in Hong Kong’’; payments from the surplus funds of the and for defense activities of the De- partment of Energy, to prescribe per- (3) ‘‘a fully successful transition in the ex- Federal Reserve System to cover the ercise of sovereignty over Hong Kong must interest on obligations issued by the sonnel strengths for such fiscal year safeguard human rights in and of them- Financing Corporation. for the Armed Forces, and for other selves’’; and purposes. S. 1729 (4) ‘‘human rights also serve as a basis for At the request of Mrs. HUTCHISON, the AMENDMENT NO. 4166 Hong Kong’s continued economic prosper- name of the Senator from Maine [Mr. At the request of Mr. DODD, his name ity’’; COHEN] was added as a cosponsor of S. was added as a cosponsor of amend- Whereas on September 17, 1995, the Legisla- 1729, a bill to amend title 18, United ment No. 4166 intended to be proposed tive Council was elected for a 4-year term ex- States Code, with respect to stalking. to S. 1745, an original bill to authorize piring in 1999; appropriations for fiscal year 1997 for S. 1730 Whereas the election of Hong Kong’s legis- military activities of the Department lature is the cornerstone of the principle At the request of Mr. CHAFEE, the of Defense, for military construction, that the people of Hong Kong shall enjoy name of the Senator from Connecticut and for defense activities of the De- ‘‘one country, two systems’’ after the Gov- [Mr. DODD] was added as a cosponsor of partment of Energy, to prescribe per- ernment of the People’s Republic of China S. 1730, a bill to amend the Oil Pollu- sonnel strengths for such fiscal year assumes sovereignty over Hong Kong; and tion Act of 1990 to make the Act more for the Armed Forces, and for other Whereas the Government of the People’s effective in preventing oil pollution in purposes. Republic of China and its appointed Pre- the Nation’s waters through enhanced paratory Committee have announced their AMENDMENT NO. 4266 prevention of, and improved response intention to abolish the elected Legislative to, oil spills, and to ensure that citi- At the request of Mr. WELLSTONE, the Council and appoint a provisional legisla- zens and communities injured by oil names of the Senator from Arkansas ture: Now, therefore, be it spills are promptly and fully com- [Mr. BUMPERS], the Senator from North Resolved, That (a) the Senate finds that— Dakota [Mr. DORGAN], and the Senator pensated, and for other purposes. (1) respect for Hong Kong’s autonomy and from Wisconsin [Mr. FEINGOLD] were S. 1794 preservation of its institutions will contrib- added as cosponsors of amendment No. At the request of Mr. GREGG, the ute to the stability and economic prosperity 4266 proposed to S. 1745, an original bill name of the Senator from Maine [Ms. of the region; and to authorize appropriations for fiscal SNOWE] was added as a cosponsor of S. (2) the United States has an interest in year 1997 for military activities of the 1794, a bill to amend chapter 83 of title compliance with treaty obligations. Department of Defense, for military 5, United States Code, to provide for (b) It is the sense of the Senate that— construction, and for defense activities the forfeiture of retirement benefits in (1) the People’s Republic of China and the of the Department of Energy, to pre- the case of any Member of Congress, United Kingdom should uphold their inter- scribe personnel strengths for such fis- congressional employee, or Federal jus- national obligations specified in the Joint cal year for the Armed Forces, and for tice or judge who is convicted of an of- Declaration, including the commitment to other purposes. fense relating to official duties of that an elected legislature in Hong Kong after At the request of Mrs. BOXER, her June 30, 1997; individual, and for the forfeiture of the name was added as a cosponsor of retirement allowance of the President (2) the establishment of an appointed legis- amendment No. 4266 proposed to S. lature would be a violation of the Joint Dec- for such a conviction. 1745, supra. laration, and the People’s Republic of China S. 1871 f should allow the Legislative Council elected At the request of Mr. CHAFEE, the in September 1995 to serve its full elected name of the Senator from Rhode Island SENATE RESOLUTION 271—ORIGI- term; and [Mr. PELL] was added as a cosponsor of NAL RESOLUTION REPORTED EX- (3) the President and the Secretary of S. 1871, a bill to expand the PRESSING THE SENSE OF THE State should communicate to the People’s Pettaquamscutt Cove National Wildlife SENATE WITH RESPECT TO THE Republic of China and to the Hong Kong gov- Refuge, and for other purposes. PEOPLE’S REPUBLIC OF CHINA ernment and Legislative Council the full support of the United States for Hong Kong’s S. 1890 BY THE COMMITTEE ON FOREIGN RELATIONS autonomy and the interest of the United At the request of Mr. SARBANES, his States in full compliance by both the Peo- name was added as a cosponsor of S. Mr. HELMS, from the Committee on ple’s Republic of China and Great Britain 1890, a bill to increase Federal protec- Foreign Relations, reported the follow- with the Joint Declaration as a matter of tion against arson and other destruc- ing original resolution: international law. tion of places of religious worship. S. RES. 271 SEC. 2. As used in this resolution, the term At the request of Mr. KENNEDY, the Whereas under the Sino-British Joint Dec- ‘‘Joint Declaration’’ means the Joint Dec- names of the Senator from New Mexico laration on the Question of Hong Kong of laration of the Government of the United Kingdom of Great Britain and Northern Ire- [Mr. BINGAMAN] and the Senator from 1984, the People’s Republic of China will as- sume sovereignty over Hong Kong on July 1, land and the Government of the People’s Re- North Dakota [Mr. CONRAD] were added public of China on the Question of Hong as cosponsors of S. 1890, supra. 1997. Whereas both the People’s Republic of Kong, done at Beijing on December 19, 1984. AMENDMENT NO 4090 . China and Great Britain committed them- SEC. 3. The Secretary of State shall trans- At the request of Mr. HELMS, his selves to the Joint Declaration’s explicit mit a copy of this resolution to the Presi- name was added as a cosponsor of provisions for Hong Kong’s future; dent and the Secretary of the Senate. S7030 CONGRESSIONAL RECORD — SENATE June 26, 1996 SENATE RESOLUTION 272—TO subject of negotiation between the signato- United States against limited ballistic mis- AMENDMENT SENATE RESOLU- ries. sile attacks would (A) strengthen deterrence TION 246 (b) SENSE OF SENATE.—It is the sense of the at the levels of forces agreed to by the Unit- Senate that the theater missile defense sys- ed States and Russia under the START I Mr. D’AMATO submitted the follow- tems currently considered for deployment by Treaty, and (B) further strengthen deter- ing resolution; which was considered the Department of Defense comply with the rence if reductions below START I levels are and agreed to: ABM Treaty. implemented in the future. (c) DEPLOYMENT OF SYSTEMS.—The Sec- S. RES. 272 (13) Article XIII of the ABM Treaty envi- retary of Defense may proceed with the de- sions ‘‘possible changes in the strategic situ- Resolved, That Senate Resolution 246, 104th velopment, testing, and deployment of the ation which have a bearing on the provisions Congress, agreed to April 17, 1996, is amended theater missile defense systems currently of this treaty’’. in section 1(1)(A), by inserting before the considered for deployment by the Depart- (14) Articles XIII and XIV of the treaty es- ment of Defense. semicolon ‘‘incurred during the period begin- tablish means for the parties to amend the ning on May 17, 1995, and ending on February treaty, and the parties have in the past used AMENDMENT NO. 4279 29, 1996, or during the period beginning on those means to amend the treaty. At the appropriate place, insert: April 17, 1996, and ending on June 17, 1996’’. (15) Article XV of the treaty establishes f Subtitle ll—National Missile Defense the means for a party to withdraw from the AMENDMENTS SUBMITTED SEC. 261. SHORT TITLE. treaty, upon six months notice ‘‘if it decides This subtitle may be cited as the ‘‘Defend that extraordinary events related to the sub- America Act of 1996’’. ject matter of this treaty have jeopardized SEC. 262. FINDINGS. THE NATIONAL DEFENSE AUTHOR- its supreme interests’’. Congress makes the following findings: (16) Previous discussions between the Unit- IZATION ACT FOR FISCAL YEAR (1) Although the United States possesses ed States and Russia, based on Russian 1997 the technological means to develop and de- President Yeltsin’s proposal for a Global ploy defensive systems that would be highly Protection System, envisioned an agreement effective in countering limited ballistic mis- to amend the ABM Treaty to allow (among KYL AMENDMENTS NOS. 4278–4280 sile threats to its territory, the United other measures) deployment of as many as States has not deployed such systems and four ground-based interceptor sites in addi- (Ordered to lie on the table.) currently has no policy to do so. Mr. KYL submitted three amend- tion to the one site permitted under the (2) The threat that is posed to the national ABM Treaty and unrestricted exploitation of ments intended to be proposed by him security of the United States by the pro- sensors based within the atmosphere and in to the bill (S. 1745) to authorize appro- liferation of ballistic missiles is significant space. priations for fiscal year 1997 for mili- and growing, both quantitatively and quali- SEC. 263. NATIONAL MISSILE DEFENSE POLICY. tary activities to the Department of tatively. (a) It is the policy of the United States to Defense, for military construction, and (3) The trend in ballistic missile prolifera- deploy by the end of 2003 a National Missile tion is toward longer range and increasingly for defense activities of the Depart- Defense system that— sophisticated missiles. (1) is capable of providing a highly-effec- ment of Energy, to prescribe personnel (4) Several countries that are hostile to the tive defense of the territory of the United strengths for such fiscal year for the United States (including North Korea, Iran, States against limited, unauthorized, or ac- Armed Forces, and for other purposes; Libya, and Iraq) have demonstrated an inter- cidental ballistic missile attacks; and est in acquiring ballistic missiles capable of as follows: (2) will be augmented over time to provide reaching the United States. AMENDMENT NO. 4278 a layered defense against larger and more so- (5) The Intelligence Community of the phisticated ballistic missile threats as they At the end of subtitle C of title II, add the United States has confirmed that North emerge. following: Korea is developing an intercontinental bal- (b) It is the policy of the United States to SEC. 237. DEPLOYMENT OF THEATER MISSILE DE- listic missile that will be capable of reaching seek a cooperative transition to a regime FENSE SYSTEMS UNDER THE ABM Alaska or beyond once deployed. that does not feature an offense-only form of TREATY. (6) There are ways for determined coun- (a) FINDINGS.—The Senate makes the fol- tries to acquire missiles capable of threaten- deterrence as the basis for strategic stabil- lowing findings: ing the United States with little warning by ity. (1) The threat posed to the national secu- means other than indigenous development. SEC. 264. NATIONAL MISSILE DEFENSE SYSTEM rity of the United States, the Armed Forces, (7) Because of the dire consequences to the ARCHITECTURE. and our friends and allies by the prolifera- United States of not being prepared to de- (a) REQUIREMENT FOR DEVELOPMENT OF tion of ballistic missiles is significant and fend itself against a rogue missile attack and SYSTEM.—To implement the policy estab- growing, both quantitatively and quali- the long-lead time associated with preparing lished in section 263(a), the Secretary of De- tatively. an effective defense, it is prudent to com- fense shall develop for deployment an afford- (2) The deployment of theater missile de- mence a national missile defense deployment able and operationally effective National fense systems will deny potential adversaries effort before new ballistic missile threats to Missile Defense (NMD) system which shall the option of threatening or attacking Unit- the United States are unambiguously con- achieve an initial operational capability ed States forces, coalition partners of the firmed. (IOC) by the end of 2003. United States, or allies of the United States (8) The timely deployment by the United (b) ELEMENTS OF THE NMD SYSTEM.—The with ballistic missiles armed with weapons States of an effective national missile de- system to be developed for deployment shall of mass destruction as a way of offsetting fense system will reduce the incentives for include the following elements: the operational and technical advantages of countries to develop or otherwise acquire (1) An interceptor system that optimizes the United States Armed Forces and the intercontinental ballistic missiles, thereby defensive coverage of the continental United armed forces of our coalition partners and inhibiting as well as countering the pro- States, Alaska, and Hawaii against limited, allies. liferation of missiles and weapons of mass accidental, or unauthorized ballistic missile (3) Although technology control regimes destruction. attacks and includes one or a combination of and other forms of international arms con- (9) Deployment by the United States of a the following: trol agreements can contribute to non- national missile defense system will reduce (A) Ground-based interceptors. proliferation, such measures are inadequate concerns about the threat of an accidental or (B) Sea-based interceptors. for dealing with missile proliferation and unauthorized ballistic missile attack on the (C) Space-based kinetic energy intercep- should not be viewed as alternatives to mis- United States. tors. sile defense systems and other active and (10) The offense-only approach to strategic (D) Space-based directed energy systems. passive measures. deterrence presently followed by the United (2) Fixed ground-based radars. (4) The Department of Defense is currently States and Russia is fundamentally adver- (3) Space-based sensors, including the considering for deployment as theater mis- sarial and is not a suitable basis for stability Space and Missile Tracking System. sile defense interceptors certain systems de- in a world in which the United States and (4) Battle management, command, control, termined to comply with the ABM Treaty, the states of the former Soviet Union are and communications (BM/C3). including PAC3, THAAD, Navy Lower Tier, seeking to normalize relations and eliminate SEC. 265. IMPLEMENTATION OF NATIONAL MIS- and Navy Upper Tier (also known as Navy Cold War attitudes and arrangements. SILE DEFENSE SYSTEM. Wide Area Defense). (11) Pursuing a transition to a form of stra- The Secretary of Defense shall— (5) In the case of the ABM Treaty, as with tegic deterrence based increasingly on defen- (1) upon the enactment of this Act, all other arms control treaties to which the sive capabilities and strategies is in the in- promptly initiate required preparatory and United States is signatory, each signatory terest of all countries seeking to preserve planning actions that are necessary so as to bears the responsibility of ensuring that its and enhance strategic stability. be capable of meeting the initial operational actions comply with the treaty, and the (12) The deployment of a national missile capability (IOC) date specified in section manner of such compliance need not be a defense system capable of defending the 264(a); June 26, 1996 CONGRESSIONAL RECORD — SENATE S7031 (2) plan to conduct by the end of 1998 an in- the United States of America and the Union At the end of section 1031, add the follow- tegrated systems test which uses elements of Soviet Socialist Republics on the Limita- ing: (including BM/C3 elements) that are rep- tion of Anti-Ballistic Missile Systems, and (e) LIMITATIONS.—(1) The Secretary may resentative of, and traceable to, the national signed at Moscow on May 26, 1972, and in- not obligate or expend funds to provide sup- missile defense system architecture specified cludes the Protocols to that Treaty, signed port under this section until 15 days after in section 264(b); at Moscow on July 3, 1974. the date on which the Secretary submits to (3) prescribe and use streamlined acquisi- the committees referred to in paragraph (3) tion policies and procedures to reduce the AMENDMENT NO. 4280 the certification described in paragraph (2). cost and increase the efficiency of developing At the end of subtitle C of title II, add the (2) The certification referred to in para- the system specified in section 264(a); and following: graph (1) is a written certification of the fol- (4) develop an affordable national missile SEC. 237. REQUIREMENT THAT lowing: defense follow-on program that— MULTILATERALIZATION OF THE (A) That the provision of support under (A) leverages off of the national missile de- ABM TREATY BE DONE ONLY this section will not adversely affect the fense system specified in section 264(a), and THROUGH TREATY-MAKING POWER. military preparedness of the United States (B) augments that system, as the threat Any addition of a new signatory party to Armed Forces. changes, to provide for a layered defense. the ABM Treaty (in addition to the United (B) That the equipment and material pro- SEC. 266. REPORT ON PLAN FOR NATIONAL MIS- States and the Russian Federation) con- vided as support will be used only by officials SILE DEFENSE SYSTEM DEVELOP- stitutes an amendment to the treaty that and employees of the Government of Mexico MENT AND DEPLOYMENT. can only be agreed to by the United States who have undergone a background check by Not later than March 15, 1997, the Sec- through the treaty-making power of the the Government of Mexico. retary of Defense shall submit to Congress a United States. No funds appropriated or oth- (C) That the Government of Mexico has report on the Secretary’s plan for develop- erwise available for any fiscal year may be certified to the Secretary that— ment and deployment of a national missile obligated or expended for the purpose of im- (i) the equipment and material provided as defense system pursuant to this subtitle. The plementing or making binding upon the support will be used only by the officials and report shall include the following matters: United States the participation of any addi- employees referred to in subparagraph (B); (1) The Secretary’s plan for carrying out tional nation as a party to the ABM Treaty (ii) none of the equipment or material will this subtitle, including— unless that nation is made a party to the be transferred (by sale, gift, or otherwise) to (A) a detailed description of the system ar- treaty by an amendment to the Treaty that any person or entity not authorized by the chitecture selected for development under is made in the same manner as the manner United States to receive the equipment or section 264(b); and by which a treaty is made. material; and (B) a discussion of the justification for the (iii) the equipment and material will be selection of that particular architecture. JEFFORDS (AND PELL) used only for the purposes intended by the (2) The Secretary’s estimate of the amount United States Government. of appropriations required for research, de- AMENDMENT NO. 4281 (D) That the Government of Mexico has velopment, test, evaluation, and for procure- (Ordered to lie on the table.) implemented, to the satisfaction of the Sec- ment, for each of fiscal years 1997 through Mr. JEFFORDS (for himself and Mr. retary, a system that will provide an ac- 2003 in order to achieve the initial oper- PELL) submitted an amendment in- counting and inventory of the equipment and ational capability date specified in section tended to be proposed by them to materiel provided as support. 264(a). (E) That the departments, agencies, and in- (3) A cost and operational effectiveness amendment No. 4112 submitted by Mr. strumentalities of the Government of Mexico analysis of follow-on options to improve the FORD to the bill, S. 1745, supra; as fol- will grant United States Government person- effectiveness of such system. lows: nel access, subject to the terms and condi- (4) A determination of the point at which On page 1, strike lines 6 through 8, and in- tions specified in section 505 of the Foreign any activity that is required to be carried sert the following: 7703(a)) is amended— Assistance Act, to any of the equipment or out under this subtitle would conflict with (1) by striking ‘‘2000 and such number materiel provided as support, or to any of the terms of the ABM Treaty, together with equals or exceeds 15’’ and inserting ‘‘1000 or the records relating to such equipment or a description of any such activity, the legal such number equals or exceeds 10’’; and materiel. basis for the Secretary’s determination, and (2) by inserting ‘‘, except that notwith- (F) That the Government of Mexico will an estimate of the time at which such point standing any other provision of this title the provide security with respect to the equip- would be reached in order to meet the initial Secretary shall not make a payment com- ment and materiel provided as support that operational capability date specified in sec- puted under this paragraph for a child de- is equal to the security that the United tion 264(a). scribed in subparagraph (F) or (G) of para- States Government would provide with re- SEC. 267. POLICY REGARDING THE ABM TREATY. graph (1) who is associated with Federal spect to such equipment and materiel. (a) ABM TREATY NEGOTIATIONS.—In light of property used for Department of Defense ac- (G) That the Government of Mexico will the findings in section 262 and the policy es- tivities unless funds for such payment are permit end use monitoring of equipment and tablished in section 263, Congress urges the made available to the Secretary from funds materiel provided as support by United President to pursue high-level discussions available to the Secretary of Defense’’ before States Government personnel for use by the with the Russian Federation to achieve an the period. Government of Mexico subject to the terms agreement to amend the ABM Treaty to and conditions specified in section 505 of the allow deployment of the national missile de- MCCAIN AMENDMENT NO. 4282 Foreign Assistance Act. fense system being developed for deployment (3) The committees referred to in this para- under section 264. (Ordered to lie on the table.) graph are the following: (b) REQUIREMENT FOR SENATE ADVICE AND Mr. MCCAIN submitted an amend- (A) The Committees on Armed Services CONSENT.—If an agreement described in sub- ment intended to be proposed by him and Foreign Relations of the Senate. section (a) is achieved in discussions de- to amendment No. 4237 submitted by (B) the Committees on National Security scribed in that subsection, the President Mr. SHELBY to the bill, S. 1745. supra; and International Relations of the House of shall present that agreement to the Senate Representatives. for its advice and consent. No funds appro- as follows: priated or otherwise available for any fiscal In matter proposed to be inserted, insert year may be obligated or expended to imple- after ‘‘Depot’’ the following: ‘‘(the inclusion MCCAIN AMENDMENT NO. 4284 ment such an amendment to the ABM Trea- of which in the text of this section shall con- (Ordered to lie on the table.) ty unless the amendment is made in the stitute a repeal of section 2466 of title 10, Mr. MCCAIN submitted an amend- same manner as the manner by which a trea- United States Code)’’. ment intended to be proposed by him ty is made. C to amendment No. 4132 submitted by (c) ACTION UPON FAILURE TO ACHIEVE NE- M CAIN AMENDMENT NO. 4283 GOTIATED CHANGES WITHIN ONE YEAR.—If an (Ordered to lie on the table.) Mr. EXON to the bill, S. 1745, supra; as agreement described in subsection (a) is not Mr. MCCAIN submitted an amend- follows: achieved in discussions described in that sub- ment intended to be proposed by him Instead of the matter proposed to be added, section within one year after the date of the to amendment No. 4154 submitted by add the following: enactment of this Act, the President and Mr. HELMS to the bill, S. 1745. supra; as SEC. 368. AUTHORITY OF AIR NATIONAL GUARD Congress, in consultation with each other, TO PROVIDE CERTAIN SERVICES AT shall consider exercising the option of with- follows: LINCOLN MUNICIPAL AIRPORT, LIN- drawing the United States from the ABM In lieu of the matter proposed to be in- COLN, NEBRASKA. Treaty in accordance with the provisions of serted, insert the following: (a) AUTHORITY.—Subject to subsection (b), Article XV of that treaty. In section 1031(a), strike out ‘‘The Sec- the Air National Guard may provide fire pro- SEC. 268. ABM TREATY DEFINED. retary of Defense’’ and insert in lieu thereof tection services and rescue services relating For purposes of this subtitle, the term ‘‘Subject to subsection (e), the Secretary of to aircraft at Lincoln Municipal Airport, ‘‘ABM Treaty’’ means the Treaty Between Defense’’. Lincoln, Nebraska, on behalf of the Lincoln S7032 CONGRESSIONAL RECORD — SENATE June 26, 1996 Municipal Airport Authority, Lincoln, Ne- icy that would apply the ABM Treaty (or any equipment provided to the Government of braska. limitation or obligation under such Treaty) Bosnia and Herzegovina under the authority (b) AGREEMENT.—The Air National Guard to research, development, testing, or deploy- contained in Section 540 of the Foreign Oper- may not provide services under subsection ment of a theater missile defense system, a ations Act of 1996 (P.L. 104–107), the value as- (a) until the Air National Guard and the au- theater missile defense system upgrade, or a signed to the equipment to be transferred thority enter into an agreement under which theater missile defense system component; under this authority shall not exceed the the authority reimburses the Air National or lowest value assigned to any of the same or Guard for the cost of the services provided. (B) taking any other action to provide for similar types of equipment transferred to (c) CONDITIONS.—These services may only the ABM Treaty (or any limitation or obliga- any other country under any other U.S. gov- be provided: tion under such Treaty) to be applied to re- ernment program.’’ (1) to the extent that such services cannot search, development, testing, or deployment reasonably be provided by a source other of a theater missile defense system, a thea- AMENDMENT NO. 4291 than the Department; ter missile defense system upgrade, or a the- On page 1, line 2, strike all after the phrase (2) to the extent that the provision of such ater missile defense system component. ‘‘SEC. .’’, and insert in lieu thereof the fol- services does not adversely affect the mili- (2) This subsection applies with respect to lowing: tary preparedness of the Armed Forces. each missile defense system, missile defense ‘‘It is the sense of the Senate that, not- system upgrade, or missile defense system withstanding any other provision of law, in MCCAIN AMENDMENT NO. 4285 component that is capable of countering order to maximize the amount of equipment modern theater ballistic missiles. (Ordered to lie on the table.) provided to the Government of Bosnia and (3) This subsection shall cease to apply Herzegovina under the authority contained Mr. MCCAIN submitted an amend- with respect to a missile defense system, in Section 540 of the Foreign Operations Act ment intended to be proposed by him missile defense system upgrade, or missile of 1996 (P.L. 104–107), the value assigned to to amendment No. 4204 submitted by defense system component when that sys- the equipment to be transferred under this Mr. HARKIN to the bill, S. 1745, supra; tem, system upgrade, or system component authority shall not exceed the lowest value as follows: has been flight tested in an ABM-qualifying assigned to any of the same or similar types flight test. In lieu of the matter to be stricken in sec- of equipment transferred to any other coun- (c) ABM-QUALIFYING FLIGHT TEST DE- tion 305(a), strike ‘‘$14,526,000 may be made try under any other U.S. government pro- FINED.—For purposes of this section, an available to’’ and insert in lieu thereof ‘‘not gram.’’ ABM-qualifying flight test is a flight test more than $14,526,000 may be made available against a ballistic missile which, in that to’’. flight test, exceeds— FAIRCLOTH AMENDMENT NO. 4292 In lieu of the matter to be inserted in sec- (1) a range of 3,500 kilometers; or tion 305(b), insert the following ‘‘search and (Ordered to lie on the table.) (2) a velocity of 5 kilometers per second. rescue and disaster relief missions.’’. Mr. FAIRCLOTH submitted an After 305(b) add: amendment intended to be proposed by ‘‘(c) DEPARTMENT OF DEFENSE INSPECTOR MCCAIN AMENDMENTS NOS. 4288— him to the bill, S. 1745, supra; as fol- GENERAL INVESTIGATION.—The Inspector 4291 lows: General of the Department of Defense shall (Ordered to lie on the table.) At the end of subtitle B of title II add the conduct an investigation into the lobbying following: activities of the Civil Air Patrol in order to Mr. MCCAIN submitted four amend- ments intended to be proposed by him SEC. 223. SOUTHERN OBSERVATORY FOR ASTRO- determine if federally provided funds are PHYSICAL RESEARCH PROJECT. being used to lobby the Congress of the Unit- to amendment No. 4116 submitted by him to the bill, S. 1745, supra; as fol- Of the total amount authorized to be ap- ed States’’. propriated under section 201(4), $3,000,000 is lows: available for the Southern Observatory for MCCAIN AMENDMENT NO. 4286 AMENDMENT NO. 4288 Astrophysical Research (SOAR) project of (Ordered to lie on the table.) On page 1, line 2, strike all after the phrase the Defense Advanced Research Projects Agency. Mr. MCCAIN submitted an amend- ‘‘SEC. .’’, and insert in lieu thereof the fol- ment intended to be proposed by him lowing: ‘‘It is the sense of the Senate that, not- to amendment No. 4139 submitted by COHEN (AND LOTT) AMENDMENT withstanding any other provision of law, in NO. 4293 Mr. HEFLIN to the bill, S. 1745, supra; as order to maximize the amount of equipment follows: provided to the Government of Bosnia and Mrs. HUTCHISON (for Mr. COHEN, for In matter proposed to be inserted, insert Herzegovina under the authority contained himself and Mr. LOTT) proposed an after ‘‘Depot’’ the following: ‘‘(the inclusion in Section 540 of the Foreign Operations Act amendment to the bill, S. 1745, supra; of which in the text of this section shall con- of 1996 (P.L. 104–107), the price of the trans- as follows: ferred equipment shall not exceed the lowest stitute a repeal of section 2466 of title 10, Strike out section 124 and insert in lieu level at which the same or similar equip- United States Code)’’. thereof the following: ment has been transferred to any other coun- try under any other U.S. government pro- SEC. 124. ARLEIGH BURKE CLASS DESTROYER KYL AMENDMENT NO. 4287 PROGRAM. gram.’’ (Ordered to lie on the table.) (a) FUNDING.—(1) Subject to paragraph (3), funds authorized to be appropriated by sec- Mr. KYL submitted an amendment AMENDMENT NO. 4289 tion 102(a)(3) may be made available for con- intended to be proposed by him to the On page 1, line 2, strike all after the phrase tracts entered into in fiscal year 1996 under bill, S. 1745, supra; as follows: ‘‘SEC. .’’, and insert in lieu thereof the fol- subsection (b)(1) of section 135 of the Na- Strike out section 231 and insert in lieu lowing: tional Defense Authorization Act for Fiscal thereof the following new section: ‘‘Notwithstanding any other provision of Year 1996 (Public Law 104–106; 110 Stat. 211) law, in order to maximize the amount of SEC. 231. POLICY ON COMPLIANCE WITH THE for construction for the third of the three ABM TREATY. equipment provided to the Government of Arleigh Burke class destroyers covered by (a) POLICY CONCERNING SYSTEMS SUBJECT Bosnia and Herzegovina under the authority that subsection. Such funds are in addition TO ABM TREATY.—Congress finds that, un- contained in Section 540 of the Foreign Oper- to amounts made available for such con- less and until a missile defense system, sys- ations Act of 1996 (P.L. 104–107), the value as- tracts by the second sentence of subsection tem upgrade, or system component is flight signed to the equipment to be transferred (a) of that section. tested in an ABM-qualifying flight test (as under this authority shall not exceed the (2) Subject to paragraph (3), funds author- defined in subsection (c)), such system, sys- lowest value assigned to any of the same or ized to be appropriated by section 102(a)(3) tem upgrade, or system component— similar types of equipment transferred to may be made available for contracts entered (1) has not, for purposes of the ABM Trea- any other country under any other U.S. gov- into in fiscal year 1997 under subsection ty, been tested in an ABM mode nor been ernment program. Nothing in this section (b)(2) of such section 135 for construction (in- given capabilities to counter strategic ballis- shall be construed as requiring the Depart- cluding advance procurement) for the tic missiles; and ment of Defense to transfer any equipment Arleigh Burke class destroyers covered by (2) therefore is not subject to any applica- under this authority.’’ such subsection (b)(2). tion, limitation, or obligation under the (3) The aggregate amount of funds avail- ABM Treaty. AMENDMENT NO. 4290 able under paragraphs (1) and (2) for con- (b) PROHIBITIONS.—(1) Funds appropriated On page 1, line 2, strike all after the phrase tracts referred to in such paragraphs may to the Department of Defense may not be ob- ‘‘SEC. .’’, and insert in lieu thereof the fol- not exceed $3,483,030,000. ligated or expended for the purpose of— lowing: (4) Within the amount authorized to be ap- (A) prescribing, enforcing, or implement- ‘‘Notwithstanding any other provision of propriated by section 102(a)(3), $750,000,000 is ing any Executive order, regulation, or pol- law, in order to maximize the amount of authorized to be appropriated for advance June 26, 1996 CONGRESSIONAL RECORD — SENATE S7033

procurement for construction for the Arleigh (b), is further amended by adding at the end (c) PREFERENCE FOR DOMESTIC DISPOSAL OF Burke class destroyers authorized by sub- the following: JEWEL BEARINGS.—(1) In offering to enter section (b). ‘‘(f) A member ordered to active duty into agreements pursuant to any provision of (b) AUTHORITY FOR MULTIYEAR PROCURE- under subsection (a) may not serve on active law for the disposal of jewel bearings from MENT OF TWELVE VESSELS.—The Secretary of duty pursuant to orders under such sub- the National Defense Stockpile, the Presi- the Navy is authorized, pursuant to section section for more than 12 months within the dent shall give a right of first refusal on all 2306b of title 10, United States Code, to enter 24 months following the first day of the ac- such offers to the Authority or to the appro- into multiyear contracts for the procure- tive duty to which ordered under this sec- priate public or private entity or person with ment of a total of 12 Arleigh Burke class de- tion.’’. which the Authority enters into an agree- stroyers at a procurement rate of three ships ment under subsection (b). in each of fiscal years, 1998, 1999, 2000, and FEINSTEIN AMENDMENT NO. 4296 (2) For the purposes of this section, the 2001 in accordance with this subsection and term ‘‘National Defense Stockpile’’ means subsections (a)(4) and (c), subject to the Mr. NUNN (for Mrs. FEINSTEIN) pro- the stockpile provided for in section 4 of the availability of appropriations for such de- posed an amendment to the bill, S. Strategic and Critical Materials Stock Pil- stroyers. A contract for construction of one 1745, supra; as follows: ing Act (50 U.S.C. 98(c)). or more vessels that is entered into in ac- At the end of subtitle B of title II, add the (d) AVAILABILITY OF FUNDS FOR MAINTE- cordance with this subsection shall include a following: NANCE AND CONVEYANCE OF PLANT.—Notwith- clause that limits the liability of the Gov- SEC. 223. FUNDING FOR BASIC RESEARCH IN NU- standing any other provision of law, funds ernment to the contractor for any termi- CLEAR SEISMIC MONITORING. available in fiscal year 1995 for the mainte- nation of the contract. Of the amount authorized to be appro- nance of the William Langer Jewel Bearing priated by section 201(3) and made available Plant in Public Law 103–335 shall be avail- SANTORUM (AND KYL) for arms control implementation for the Air able for the maintenance of that plant in fis- AMENDMENT NO. 4294 Force (account PE0305145F), $6,500,000 shall cal year 1996, pending conveyance, and for be available for basic research in nuclear the conveyance of that plant under this sec- Mr. NUNN (for Mr. SANTORUM, for seismic monitoring. tion. himself and Mr. KYL) proposed an (e) DESCRIPTION OF PROPERTY.—The exact amendment to the bill, S. 1745, supra; LOTT AMENDMENT NO. 4297 acreage and legal description of the property as follows: conveyed under this section shall be deter- At an appropriate place in the bill, add the Mrs. HUTCHISON (for Mr. LOTT) pro- mined by a survey satisfactory to the Ad- following: posed an amendment to the bill, S. ministrator. The cost of the survey shall be SEC. . COMPUTER EMERGENCY RESPONSE 1745, supra; as follows: borne by the Administrator. TEAM AT SOFTWARE ENGINEERING At the end of subtitle A of title V add the (f) ADDITIONAL TERMS AND CONDITIONS.— INSTITUTE. following: The Administrator may require such addi- (a) FUNDING.—Of the amounts authorized SEC. 506. GRADE OF CHIEF OF NAVAL RESEARCH. tional terms and conditions in connection to be appropriated under this Act, $2,000,000 Section 5022(a) of title 10, United States with the conveyance under this section as shall be available to the Software Engineer- Code, is amended— the Administrator determines appropriate to ing Institute only for use by the Computer (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and protect the interests of the United States. Emergency Response Team. (2) by adding at the end the following: (b) Funds authorized by section 301(2) for ‘‘(2) Unless appointed to higher grade the Challenge Athena program shall be re- under another provision of law, an officer, THOMAS AMENDMENT NO. 4299 duced by $2,000,000. while serving in the Office of Naval Research as Chief of Naval Research, has the rank of Mrs. HUTCHISON (for Mr. THOMAS) THURMOND AMENDMENT NO. 4295 rear admiral (upper half).’’. proposed an amendment to the bill, S. Mrs. HUTCHISON (for Mr. THUR- 1745, supra; as follows: MOND) proposed an amendment to the DORGAN (AND CONRAD) At the end of subtitle D of title XXXI, add bill, S. 1745, supra; as follows: AMENDMENT NO. 4298 the following: Beginning on page 127, strike out line 20 Mr. NUNN (for Mr. DORGAN, for him- SEC. 3161. REPORT ON DEPARTMENT OF ENERGY and all that follows through page 129, line 10, self and Mr. CONRAD) proposed an LIABILITY AT DEPARTMENT SUPERFUND SITES. and insert in lieu thereof the following: amendment to the bill, S. 1745, supra; ‘‘(2)(A) Not more than 25 officers of any as follows: (a) STUDY.—The Secretary of Energy shall, one armed force may be serving on active using funds authorized to be appropriated to duty concurrently pursuant to orders to ac- On page 393, after line 23, add the follow- the Department of Energy by section 3102, tive duty issued under this section. ing: carry out a study of the liability of the De- ‘‘(B) In the administration of subparagraph SEC. 2828. LAND CONVEYANCE, WILLIAM LANGER partment for damages for injury to, destruc- (A), the following officers shall not be count- JEWEL BEARING PLANT, ROLLA, tion of, or loss of natural resources under ed: NORTH DAKOTA. section 107(a)(4)(C) of the Comprehensive En- ‘‘(i) A chaplain who is assigned to duty as (a) AUTHORITY TO CONVEY.—The Adminis- vironmental Response, and Compensation, a chaplain for the period of active duty to trator of General Services may convey with- and Liability Act of 1980 (42 U.S.C. which ordered. out consideration, to the Job Development 9607(a)(4)(C) at each site controlled or oper- ‘‘(ii) A health care professional (as charac- Authority of the City of Rolla, North Dakota ated by the Department that is or is antici- terized by the Secretary concerned) who is (in this section referred to as the ‘‘Author- pated to become subject to the provisions of assigned to duty as a health care profes- ity’’), all right, title, and interest of the that Act. United States in and to a parcel of real prop- sional for the period of the active duty to (b) CONDUCT OF STUDY.—(1) The Secretary which ordered. erty, with improvements thereon and all as- shall carry out the study using personnel of ‘‘(iii) Any officer assigned to duty with the sociated personal property, consisting of ap- the Department or by contract with an ap- American Battle Monuments Commission for proximately 9.77 acres and comprising the propriate private entity. William Langer Jewel Bearing Plant in the period of active duty to which ordered.’’. (2) In determining the extent of Depart- (b) OFFICERS RETIRED ON SELECTIVE EARLY Rolla, North Dakota. ment liability for purposes of the study, the RETIREMENT BASIS.—Such section is amend- (b) CONDITION OF CONVEYANCE.—The con- Secretary shall treat the Department as a ed by adding at the end the following: veyance authorized under subsection (a) private person liable for damages under sec- ‘‘(e) The following officers may not be or- shall be subject to the condition that the Au- tion 107(f) of that Act (42 U.S.C. 9607(f)) and dered to active duty under this section: thority— subject to suit by public trustees of natural ‘‘(1) An officer who retired under section (1) use the real and personal property and resources under such section 107(f) for such 638 of this title. improvements conveyed under the sub- damages. ‘‘(2) An officer who— section for economic development relating ‘‘(A) after having been notified that the of- to the jewel bearing plant; (c) REPORT.—Not later than 90 days after ficer was to be considered for early retire- (2) enter into an agreement with an appro- the date of the enactment of this Act, the ment under section 638 of this title by a priate public or private entity or person to Secretary shall submit a report on the study board convened under section 611(b) of this lease such property and improvements to carried out under subsection (a) to the fol- title and before being considered by that that entity or person for such economic de- lowing committees: board, requested retirement under section velopment; or (1) The Committees on Environment and 3911, 6323, or 8911 of this title; and (3) enter into an agreement with an appro- Public Works and Armed Services and En- ‘‘(B) was retired pursuant to that re- priate public or private entity or person to ergy and Natural Resources of the Senate. quest.’’. sell such property and improvements to that (2) The Committees on Commerce and Na- (c) LIMITATION OF PERIOD OF RECALL SERV- entity or person for such economic develop- tional Security and Resources of the House ICE.—Such section, as amended by subsection ment. of Representatives. S7034 CONGRESSIONAL RECORD — SENATE June 26, 1996 ROBB (AND WARNER) AMENDMENT submitted by the Secretary of Energy to the (A) in the matter preceding subparagraph NO. 4300 Office of Management and Budget a request (A), by inserting ‘‘the schedule and method for sufficient funds to pay the United States of colon and prostate cancer screenings,’’ Mr. NUNN (for Mr. ROBB, for himself portion of the cost of transportation im- after ‘‘pap smears and mammograms,’’; and and Mr. WARNER) proposed an amend- provements under the Greenville Road Im- (B) in subparagraph (B), by inserting ‘‘or ment to the bill, S. 1745, supra; as fol- provement Project, Livermore, California. colon and prostate cancer screenings’’ after lows: (b) COOPERATION WITH LIVERMORE, CALIFOR- ‘‘pap smears and mammograms’’. At the end of subtitle E of title X, add the NIA.—The Secretary shall work with the City following: of Livermore, California, to determine the DOMENICI AMENDMENT NO. 4305 SEC. 1054. INFORMATION ON PROPOSED FUND- cost of the transportation improvements re- ING FOR THE GUARD AND RESERVE ferred to in subsection (a). Mrs. HUTCHISON (for Mr. DOMENICI) COMPONENTS IN FUTURE-YEARS DE- proposed an amendment to the bill, S. FENSE PROGRAMS. BROWN AMENDMENT NO. 4303 1745, supra; as follows: (a) REQUIREMENT.—The Secretary of De- fense shall specify in each future-years de- Mrs. HUTCHISON (for Mr. BROWN) At the end of subtitle C of title II add the fense program submitted to Congress after proposed an amendment to the bill, S. following: the date of the enactment of this Act the es- 1745, supra; as follows: SEC. 237. SCORPIUS SPACE LAUNCH TECH- timated expenditures and proposed appro- NOLOGY PROGRAM. At the end of subtitle B of title I, add the Of the amount authorized to be appro- priations for the procurement of equipment following: and for military construction for each of the priated under section 201(4) for the Ballistic SEC. 113. STUDY REGARDING NEUTRALIZATION Guard and Reserve components. Missile Defense Organization for Support OF THE CHEMICAL WEAPONS Technologies/Follow-On Technologies (PE (b) DEFINITION.—For purposes of this sec- STOCKPILE. 63173C), up to $7,500,000 is available for the tion, the term ‘‘Guard and Reserve compo- (a) STUDY.—The Secretary of Defense shall Scorpius space launch technology program. nents’’ means the following: conduct a study to determine the cost of in- (1) The Army Reserve. cineration of the current chemical muni- (2) The Army National Guard of the United tions stockpile by building incinerators at HEFLIN (AND SHELBY) States. (3) The Naval Reserve. each existing facility compared to the pro- AMENDMENT NO. 4306 posed cost of dismantling those same muni- (4) The Marine Corps Reserve. Mr. NUNN (for Mr. HEFLIN, for him- (5) The Air Force Reserve. tions, neutralizing them at each storage site (6) The Air National Guard of the United and transporting the neutralized remains self and Mr. SHELBY) proposed an States. and all munitions parts to a centrally lo- amendment to the bill, S. 1745, supra; cated incinerator within the United States as follows: CHAFEE AMENDMENT NO. 4301 for incineration. In section 1102(a)(2), strike out ‘‘during fis- (b) REPORT.—Not later than 180 days after cal year 1997’’. Mrs. HUTCHISON (for Mr. CHAFEE) the date of the enactment of this Act, the proposed an amendment to the bill, S. Secretary shall submit to the appropriate 1745, supra; as follows: committees of the Congress a report on the LOTT AMENDMENT NO. 4307 At the end of section 348, add the follow- study carried out under subsection (a). Mrs. HUTCHISON (for Mr. LOTT) pro- ing: posed an amendment to the bill, S. (c) REPORT ON COMPLIANCE WITH ANNEX V WELLSTONE AMENDMENT NO. 4304 1645, supra; as follows: TO THE CONVENTION.—The Secretary of De- At the end of subtitle E of title X add the fense shall include in each report on environ- Mr. NUNN (for Mr. WELLSTONE) pro- following: mental compliance activities submitted to posed an amendment to the bill, S. Congress under section 2706(b) of title 10, 1745, supra; as follows: SEC. 1054. REPORT ON FACILITIES USED FOR United States Code, the following informa- TESTING LAUNCH VEHICLE EN- At the end of title VII add the following: GINES. tion: SEC. 708. PREVENTIVE HEALTH CARE SCREEN- (1) A list of the ships types, if any, for (a) REPORT REQUIRED.—Not later than 30 ING FOR COLON AND PROSTATE days after the date of the enactment of this which the Secretary of the Navy has made CANCER. Act, the Secretary of Defense, in consulta- the determination referred to in paragraph (a) MEMBERS AND FORMER MEMBERS.—(1) tion with the Administrator of the National (2)(C) of section 3(c) of the Act to Prevent Section 1074d of title 10, United States Code, Aeronautics and Space Administration, shall Pollution from Ships, as amended by sub- is amended— section (a)(2) of this section. (A) in subsection (a)— submit to Congress a report on the facilities (2) A list of ship types which the Secretary (i) by inserting ‘‘(1)’’ before ‘‘Female’’; and used for testing launch vehicle engines. of the Navy has determined can comply with (ii) by adding at the end the following new (b) CONTENT OF REPORT.—The report shall Regulation 5 of Annex V to the Convention. paragraph: contain an analysis of the duplication be- (3) A summary of the progress made by the ‘‘(2) Male members and former members of tween Air Force and National Aeronautics Navy in implementing the requirements of the uniformed services entitled to medical and Space Administration hydrogen rocket paragraphs (2) and (3) such section 3(c), as so care under section 1074 or 1074a of this title test facilities and the potential benefits of amended. shall also be entitled to preventive health further coordinating activities at such facili- (4) A description of any emerging tech- care screening for colon or prostate cancer ties. nologies offering the potential to achieve at such intervals and using such screening full compliance with Regulation 5 of Annex methods as the administering Secretaries THURMOND AMENDMENTS NOS. V to the Convention. consider appropriate.’’; and 4308–4309 (d) PUBLICATION REGARDING SPECIAL AREA (B) in subsection (b), by adding at the end DISCHARGES.—Section 3(e)(4) of the Act to the following new paragraph: Mrs. HUTCHINSON (for Mr. THUR- Prevent Pollution from Ships (33 U.S.C. ‘‘(8) Colon cancer screening, at the inter- MOND) proposed two amendments to the 1902(e)(4)) is amended by striking out sub- vals and using the screening methods pre- bill, S. 1745, supra; as follows: paragraph (A) and inserting in lieu thereof scribed under subsection (a)(2).’’. AMENDMENT NO. 4308 the following: (2)(A) The heading of such section is ‘‘(A) The amount and nature of the dis- amended to read as follows: At the end of subtitle C of title I add the following: charges in special areas, not otherwise au- ‘‘§ 1074d. Primary and preventive health care thorized under this title, during the preced- services SEC. 124. ADDITIONAL EXCEPTION FROM COST ing year from ships referred to in subsection LIMITATION FOR SEAWOLF SUB- (B) The item relating to such section in (b)(1)(A) of this section owned or operated by MARINE PROGRAM. the table of sections at the beginning of the Department of the Navy.’’. Section 133 of the National Defense Au- chapter 55 of such title is amended to read as thorization Act for Fiscal Year 1996 (Public follows: FEINSTEIN AMENDMENT NO. 4302 Law 104–106; 110 Stat. 211) is amended— ‘‘1074d. Primary and preventive health care (1) in subsection (a), by striking out ‘‘sub- Mr. NUNN (for Mrs. FEINSTEIN) pro- services.’’. section (b)’’ and inserting in lieu thereof posed an amendment to the bill, S. (b) DEPENDENTS.—(1) Section 1077(a) of ‘‘subsections (b) and (c)’’; and 1745, supra; as follows: such title is amended by adding at the end (2) by striking out subsection (c) and in- At the end of subtitle D of title XXXI, add the following new paragraph: serting in lieu thereof the following: the following: ‘‘(14) Preventive health care screening for ‘‘(c) COSTS NOT INCLUDED.—The previous SEC. 3161. FISCAL YEAR 1998 FUNDING FOR colon or prostate cancer, at the intervals and obligations of $745,700,000 for the SSN–23, GREENVILLE ROAD IMPROVEMENT using the screening methods prescribed SSN–24, and SSN–25 submarines, out of funds PROJECT, LIVERMORE, CALIFORNIA. under section 1074d(a)(2) of this title.’’. appropriated for fiscal years 1990, 1991, and (a) FUNDING.—The Secretary of Energy (2) Section 1079(a)(2) of such title is amend- 1992, that were subsequently canceled (as a shall include in budget for fiscal year 1998 ed— result of a cancellation of such submarines) June 26, 1996 CONGRESSIONAL RECORD — SENATE S7035

shall not be taken into account in the appli- AMENDMENT NO. 4311 At the end of subtitle B of title IV, add the cation of the limitation in subsection (a).’’. At the end of subtitle F of title X, add the following: following: SEC. 413. PERSONNEL MANAGEMENT RELATING MENDMENT O A N . 4309 SEC. 1072. SENSE OF THE SENATE ON DEPART- TO ASSIGNMENT TO SERVICE IN THE At the end of section 634, add the follow- MENT OF DEFENSE SHARING OF EX- SELECTIVE SERVICE SYSTEM. ing: PERIENCES WITH MILITARY CHILD Section 10 of the Military Selective Serv- (e) EXPIRATION OF AUTHORITY.—The author- CARE. ice Act (50 U.S.C. App. 460) is amended— ity to pay annuities under this section shall (a) FINDING.—The Senate makes the follow- (1) in subsection (b)(2), by inserting ‘‘, sub- expire on September 30, 2001. ing findings: ject to subsection (e),’’ after ‘‘to employ such Strike out section 2812, relating to the dis- (1) The Department of Defense should be number of civilians, and’’; and position of proceeds of certain commissary congratulated on the successful implementa- (2) by inserting after subsection (d) the fol- stores and nonappropriated fund instrumen- tion of the Military Child Care Act of 1989 lowing: ‘‘(e)(1) The number of armed forces person- talities. (title XV of Public Law 101–189; 10 U.S.C. 113 nel assigned to the Selective Service System note). (2) The actions taken by the Department under subsection (b)(2) may not exceed 745, KENNEDY (AND COATS) except in a time of war declared by Congress AMENDMENTS NOS. 4310–4311 as a result of that Act have dramatically im- proved the availability, affordability, qual- or national emergency declared by Congress Mr. NUNN (for Mr. KENNEDY, for him- ity, and consistency of the child care serv- or the President. ‘‘(2) Members of the Selected Reserve as- ices provided to members of the Armed self and Mr. COATS) proposed two signed to the Selective Service System under Forces. amendments to the bill, S. 1745, supra; subsection (b)(2) shall not be counted for pur- (3) Child care is important to the readiness as follows: poses of any limitation on the authorized of members of the Armed Forces because sin- At the end of subtitle F of title X, add the strength of Selected Reserve personnel of the gle parents and couples in military service following: reserve components under any law authoriz- must have access to affordable child care of ing the end strength of such personnel.’’. SEC. 1072. SENSE OF THE SENATE ON DEPART- good quality if they are to perform their jobs MENT OF DEFENSE SHARING OF EX- and respond effectively to long work hours PERIENCES UNDER MILITARY HATFIELD (AND WYDEN) YOUTH PROGRAMS. or deployments. (a) FINDINGS.—The Senate makes the fol- (4) Child care is important to the retention AMENDMENT NO. 4313 lowing findings: of members of the Armed Forces in military Mrs. HUTCHISON (for Mr. HATFIELD, service because the dissatisfaction of the (1) Programs of the Department of Defense for himself and Mr. WYDEN) proposed for youth who are dependents of members of families of such members with military life is a primary reason for the departure of such an amendment to the bill, S. 1745, the Armed Forces have not received the supra; as follows: same level of attention and resources as have members from military service. child care programs of the Department since (b) SENSE OF SENATE.—It is the sense of the At the end of subtitle D of title XXXI, add the passage of the Military Child Care Act of Senate that— the following: 1989 (title XV of Public Law 101–189; 10 U.S.C. (1) the civilian and military child care SEC. 3161. OPPORTUNITY FOR REVIEW AND COM- 113 note). communities, Federal, State, and local agen- MENT BY STATE OF OREGON RE- (2) Older children deserve as much atten- cies, and businesses and communities in- GARDING CERTAIN REMEDIAL AC- TIONS AT HANFORD RESERVATION, tion to their developmental needs as do volved in the provision of child care services could benefit from the development of part- WASHINGTON. younger children. (a) OPPORTUNITY.—(1) Subject to sub- nerships to foster an exchange of ideas, in- (3) The Department has started to direct section (b), the Site Manager at the Hanford formation and materials relating to their ex- more attention to programs for youths who Reservation, Washington, shall, in consulta- periences with the provision of such services are dependents of members of the Armed tion with the signatories to the Tri-Party and to encourage closer relationships be- Forces by funding the implementation of 20 Agreement, provide the State of Oregon an tween military installations and the commu- model community programs to address the opportunity to review and comment upon needs of such youths. nities that support them; (2) such partnerships would be beneficial to any information the Site Manager provides (4) The lessons learned from such programs the State of Washington under the Hanford could apply to civilian youth programs as all families by helping providers of child care services exchange ideas about innovative Tri-Party Agreement if the agreement pro- well. vides for the review of and comment upon (b) SENSE OF SENATE.—It is the sense of the ways to address barriers to the effective pro- such information by the State of Washing- Senate that— vision of such services; and (1) the Department of Defense, Federal, (3) there are many ways that these part- ton. (2) In order to facilitate the review and State, and local agencies, and businesses and nerships can be developed, including— comment of the State of Oregon under para- communities involved in conducting youth (A) cooperation between the directors and graph (1), the Site Manager shall provide in- programs could benefit from the develop- curriculum specialists of military child de- formation referred to in that paragraph to ment of partnerships to foster an exchange velopment centers and civilian child develop- the State of Oregon at the same time, or as of ideas, information, and materials relating ment centers in assisting such centers in the soon thereafter as is practicable, that the to such programs and to encourage closer re- accreditation process; Site Manager provides such information to lationships between military installations (B) use of family support staff to conduct the State of Washington. and the communities that support them; parent and family workshops for new parents (b) CONSTRUCTION.—This section may not (2) such partnerships could benefit all fam- and parents with young children in family be construed— housing on military installations and in ilies by helping the providers of services for (1) to require the Site Manager to provide communities in the vicinity of such installa- youths exchange ideas about innovative the State of Oregon sensitive information on tions; ways to address barriers to the effective pro- enforcement under the Tri-Party Agreement (C) internships in Department of Defense vision of such services; and or information on the negotiation, dispute child care programs for civilian child care (3) there are many ways that such partner- resolution, or State cost recovery provisions providers to broaden the base of good-quality ships could be developed, including— of the agreement; (A) cooperation between the Department child care services in communities in the vi- (2) to require the Site Manager to provide and Federal and State educational agencies cinity of military installations; and confidential information on the budget or (D) attendance by civilian child care pro- in exploring the use of public school facili- procurement at Hanford under terms other viders at Department child-care training ties for child care programs and youth pro- than those provided in the Tri-Party Agree- classes on a space-available basis. grams that are mutually beneficial to the ment for the transmission of such confiden- (c) REPORT.—Not later than June 30, 1997, Department and civilian communities and tial information to the State of Washington; complement programs of the Department the Secretary of Defense shall submit to (3) to authorize the State of Oregon to par- carried out at its facilities; and Congress a report on the status of any initia- ticipate in enforcement actions, dispute res- (B) improving youth programs that enable tives undertaken this section, including rec- olution, or negotiation actions conducted adolescents to relate to new peer groups ommendations for additional ways to im- under the provisions of the Tri-Party Agree- when families of members of the Armed prove the child care programs of the Depart- ment; Forces are relocated. ment of Defense and to improve such pro- (4) to authorize any delay in the implemen- (c) REPORT.—Not later than June 30, 1997, grams so as to benefit civilian child care pro- tation of remedial, environmental manage- the Secretary of Defense shall submit to viders in communities in the vicinity of ment, or other programmatic activities at Congress a report on the status of any initia- military installations. Hanford; or tives undertaken this section, including rec- (5) to require the Department of Energy to ommendations for additional ways to im- THURMOND AMENDMENT NO. 4312 provide funds to the State of Oregon. prove the youth programs of the Department SEC. 3162. SENSE OF SENATE ON HANFORD HUR of Defense and to improve such program so Mrs. HUTCHINSON (for Mr. T - MEMORANDUM OF UNDERSTAND- as to benefit communities in the vicinity of MOND) proposed an amendment to the ING. military installations. bill, S. 1745, supra; as follows: It is the sense of the Senate that— S7036 CONGRESSIONAL RECORD — SENATE June 26, 1996 (1) the State of Oregon has the authority and interest of the United States in and to a (2) eliminate unnecessary administrative to enter into a memorandum of understand- parcel of real property, including improve- complexity and unnecessary duplication of ing with the State of Washington, or a ments thereon, consisting of approximately regulation with respect to the clean up of memorandum of understanding with the 3.5 acres and located on Rockland Avenue in such facility; State of Washington and the Site Manager of Manchester, New Hampshire, the site of the (3) proceed expeditiously and cost-effec- the Hanford Reservation, Washington, in Crafts Brothers Reserve Training Center. tively with environmental restoration and order to address issues of mutual concern to (b) REQUIREMENT RELATING TO CONVEY- remediation activities at such facility; such States, regarding the Hanford Reserva- ANCE.—The Secretary may not make the (4) consider future land use in selecting en- tion; and conveyance authorized by subsection (a) vironmental clean up remedies at such facil- (2) such agreements are not expected to until the Army Reserve units currently ity; and create any additional obligation of the De- housed at the Crafts Brothers Reserve Train- (5) identify and recommend to Congress partment of Energy to provide funds to the ing Center are relocated to the Joint Service changes in law needed to expedite the clean State of Oregon. Reserve Center to be constructed at the up of such facility. Manchester Airport, New Hampshire. SEC. 3174. SITE MANAGERS. (c) REQUIREMENT FOR FEDERAL SCREENING MURKOWSKI AMENDMENT NO. 4314 (a) APPOINTMENT.—(1)(A) The Secretary OF PROPERTY.—The Secretary may not carry shall appoint a site manager for Hanford not Mrs. HUTCHISON (for Mr. MURKOW- out the conveyance of property authorized later than 90 days after the date of the enact- SKI) proposed an amendment to the by subsection (a) unless the Secretary deter- ment of this Act. bill, S. 1745, supra; as follows: mines that no department or agency of the (B) The Secretary shall develop a list of Federal Government will accept the transfer the criteria to be used in appointing a site Strike out section 3158 and insert in lieu of the property. thereof the following new section 3158: manager for Hanford. The Secretary may (d) DESCRIPTION OF PROPERTY.—The exact consult with affected and knowledgeable par- SEC. 3158. SENSE OF CONGRESS RELATING TO acreage and legal description of the real ties in developing the list. REDESIGNATION OF DEFENSE ENVI- property to be conveyed under subsection (a) (2) The Secretary shall appoint the site RONMENTAL RESTORATION AND shall be determined by a survey satisfactory WASTE MANAGEMENT PROGRAM. manager for any other defense nuclear facil- to the Secretary. ity covered by this subtitle not later than 90 (a) SENSE OF CONGRESS.—It is the sense of (e) ADDITIONAL TERMS AND CONDITIONS.— Congress that the program of the Depart- days after the date of the approval of the re- The Secretary may require such additional quest with respect to the facility under sec- ment of Energy known as the Defense Envi- terms and conditions in connection with the ronmental Restoration and Waste Manage- tion 3172(a)(2). conveyance under this section as the Sec- (3) An individual appointed as a site man- ment Program, and also known as the Envi- retary considers appropriate to protect the ager under this subsection shall, if not an ronmental Management Program, be redesig- interests of the United States. employee of the Department at the time of nated as the Defense Nuclear Waste Manage- the appointment, be an employee of the De- ment Program of the Department of Energy. GORTON AMENDMENTS NOS. 4317– partment while serving as a site manager (b) REPORT ON REDESIGNATION.—Not later under this subtitle. than January 31, 1997, the Secretary of En- 4318 (b) DUTIES.—(1) Subject to paragraphs (2) Mrs. HUTCHISON (for Mr. GORTON) ergy shall submit to the congressional de- and (3), in addition to other authorities pro- fense committees a report on the costs and proposed two amendments to the bill, vided for in this subtitle, the site manager other difficulties, if any, associated with the S. 1745, supra; as follows: for a defense nuclear facility shall have full following: AMENDMENT NO. 4317 authority to oversee and direct operations at (1) The redesignation of the program At the end of title XXXI, add the follow- the facility, including the authority to— known as the Defense Environmental Res- ing: (A) enter into and modify contractual toration and Waste Management Program, agreements to enhance environmental res- and also known as the Environmental Man- Subtitle E—Environmental Restoration at Defense Nuclear Facilities toration and waste management at the facil- agement Program, as the Defense Nuclear ity; Waste Management Program of the Depart- SEC. 3171. SHORT TITLE. This subtitle may be cited as the ‘‘Defense (B) request that the Department head- ment of Energy. quarters submit to Congress a reprogram- (2) The redesignation of the Defense Envi- Nuclear Facility Environmental Restoration ming package shifting among accounts funds ronmental Restoration and Waste Manage- Pilot Program Act of 1996’’. available for the facility in order to facili- ment Account as the Defense Nuclear Waste SEC. 3172. APPLICABILITY. tate the most efficient and timely environ- Management Account. (a) IN GENERAL.—The provisions of this subtitle shall apply to the following defense mental restoration and waste management at the facility, and, in the event that the De- SIMON (AND MOSELEY-BRAUN) nuclear facilities: (1) Hanford. partment headquarters does not act upon the AMENDMENT NO. 4315 (2) Any other defense nuclear facility if— request within 30 days of the date of the re- quest, submit such request to the appro- Mr. NUNN (for Mr. SIMON, for himself (A) the chief executive officer of the State priate committees of Congress for review; and Mr. MOSELEY-BRAUN) proposed an in which the facility is located submits to the Secretary a request that the facility be (C) negotiate amendments to environ- amendment to the bill, S. 1745, supra; mental agreements applicable to the facility as follows: covered by the provisions of this subtitle; and for the Department; and At the end of subtitle C of title XXVIII add (B) the Secretary approves the request. (D) manage environmental management the following: (b) LIMITATION.—The Secretary may not and programmatic personnel of the Depart- SEC. 2828. REAFFIRMATION OF LAND CONVEY- approve a request under subsection (a)(2) ment at the facility. ANCES, FORT SHERIDAN, ILLINOIS. until 60 days after the date on which the Sec- (2) A site manager shall negotiate amend- As soon as practicable after the date of the retary notifies the congressional defense ments under paragraph (1)(C) with the con- enactment of this Act, the Secretary of the committees of the Secretary’s receipt of the currence of the Secretary. Army shall complete the land conveyances request. (3) A site manager may not undertake or provide for any action under paragraph (1) involving Fort Sheridan, Illinois, required or SEC. 3173. DESIGNATION OF COVERED FACILI- authorized under section 125 of the Military TIES AS ENVIRONMENTAL CLEANUP that would result in an expenditure of funds Construction Appropriations Act, 1996 (Pub- DEMONSTRATION AREAS. for environmental restoration or waste man- lic Law 104–32; 109 Stat. 290). (a) DESIGNATION.—Each defense nuclear fa- agement at the defense nuclear facility con- cility covered by this subtitle under section cerned in excess of the amount authorized to 3172(a) is hereby designated as an environ- be expended for environmental restoration or SMITH (AND GREGG) AMENDMENT mental cleanup demonstration area. The waste management at the facility without NO. 4316 purpose of the designation is to establish the approval of such action by the Secretary. (c) INFORMATION ON PROGRESS.—The Sec- Mrs. HUTCHISON (for Mr. SMITH, for each such facility as a demonstration area at which to utilize and evaluate new tech- retary shall regularly inform Congress of the himself and Mr. GREGG) proposed an progress made by site managers under this amendment to the bill, S. 1745 supra; as nologies to be used in environmental restora- tion and remediation at other defense nu- subtitle in achieving expedited environ- follows: clear facilities. mental restoration and waste management At the end of subtitle C of title XXVIII, (b) SENSE OF CONGRESS.—It is the sense of at the defense nuclear facilities covered by add the following: Congress that Federal and State regulatory this subtitle. SEC. 2828. LAND CONVEYANCE, CRAFTS BROTH- agencies, members of the surrounding com- SEC. 3175. DEPARTMENT OF ENERGY ORDERS. ERS RESERVE TRAINING CENTER, munities, and other affected parties with re- Effective 60 days after the appointment of MANCHESTER, NEW HAMPSHIRE. spect to each defense nuclear facility cov- a site manager for a defense nuclear facility (a) CONVEYANCE AUTHORIZATION.—The Sec- ered by this subtitle should continue to— under section 3174(a), an order relating to retary of the Army may convey, without (1) develop expedited and streamlined proc- the execution of environmental restoration, consideration, to Saint Anselm College, esses and systems for cleaning up such facil- waste management, technology develop- Manchester, New Hampshire, all right, title, ity; ment, or other site operation activities at June 26, 1996 CONGRESSIONAL RECORD — SENATE S7037 the facility may be imposed at the facility if SEC. 3178. TERMINATION. the designee of the Secretary, under the au- the Secretary makes a finding that the The authorities provided for in this sub- thority delegated pursuant to section 2 of order— title shall expire five years after the date of this Act may be fined an amount not to ex- (1) is essential to the protection of human the enactment of this Act. ceed the amount of a fine for a like or simi- health or the environment or to the conduct SEC. 3179. DEFINITIONS. lar offense under the criminal or civil law of of critical administrative functions; and In this subtitle: the State, territory, possession, or district (2) will not interfere with bringing the fa- (1) The term ‘‘Department’’ means the De- where the military installation is located, or cility into compliance with environmental partment of Energy. imprisoned for not more than thirty days, or laws, including the terms of any environ- (2) The term ‘‘defense nuclear facility’’ has both.’’. mental agreement. the meaning given the term ‘‘Department of AMENDMENT NO. 4320 SEC. 3176. DEMONSTRATIONS OF TECHNOLOGY Energy defense nuclear facility’’ in section FOR REMEDIATION OF DEFENSE NU- 318 of the Atomic Energy Act of 1954 (42 At the end of section 1061 add the follow- CLEAR WASTE. U.S.C. 2286g). ing: (c) REPEAL OF 13-YEAR SPECIAL LIMIT ON (a) IN GENERAL.—The site manager for a (3) The term ‘‘Hanford’’ means the defense TERM OF TRANSITIONAL JUDGE OF UNITED defense nuclear facility under this subtitle nuclear facility located in southeastern STATES COURT OF APPEALS FOR THE ARMED shall promote the demonstration, verifica- Washington State known as the Hanford FORCES.—(1) Subsection (d)(2) of section 1301 tion, certification, and implementation of Reservation, Washington. of the National Defense Authorization Act innovative environmental technologies for (4) The term ‘‘Secretary’’ means the Sec- for Fiscal Years 1990 and 1991 (Public Law the remediation of defense nuclear waste at retary of Energy. the facility. 101–189; 103 Stat. 1575; 10 U.S.C. 942 note) is amended by striking out ‘‘to the judges who (b) DEMONSTRATION PROGRAM.—To carry AMENDMENT NO. 4318 out subsection (a), each site manager shall are first appointed to the two new positions At the end of title XXVI of the bill, insert establish a program at the defense nuclear of the court created as of October 1, 1990—’’ the following: facility concerned for testing environmental and all that follows and inserting in lieu technologies for the remediation of defense SEC. 2602. FUNDING FOR CONSTRUCTION AND IM- thereof ‘‘to the judge who is first appointed nuclear waste at the facility. In establishing PROVEMENT OF RESERVE CENTERS to one of the two new positions of the court IN THE STATE OF WASHINGTON. such a program, the site manager may— created as of October 1, 1990, as designated (a) FUNDING.—Notwithstanding any other (1) establish a simplified, standardized, and by the President at the time of appointment, provision of law, of the funds appropriated timely process for the testing and verifica- the anniversary referred to in subparagraph under the heading ‘‘MILITARY CONSTRUCTION, tion of environmental technologies; (A) of that paragraph shall be treated as NAVAL RESERVE’’ in the Military Construc- (2) solicit and accept applications to test being the seventh anniversary and the num- tion Appropriations Act, 1995 (Public Law ber of years referred to in subparagraph (B) environmental technology suitable for envi- 103–307; 108 Stat. 1661), that are available for of that paragraph shall be treated as being ronmental restoration and waste manage- the construction of a Naval Reserve center seven.’’. ment activities at the facility, including pre- in Seattle, Washington— (2) Subsection (e)(1) of such section is vention, control, characterization, treat- (1) $5,200,000 shall be available for the con- amended by striking out ‘‘each judge’’ and ment, and remediation of contamination; struction of an Army Reserve Center at Fort inserting in lieu thereof ‘‘a judge’’. (3) consult and cooperate with the heads of Lawton, Washington, of which $700,000 may existing programs at the facility for the cer- be used for program and design activities re- tification and verification of environmental KYL (AND BINGAMAN) lating to such construction; technologies at the facility; and AMENDMENT NO. 4321 (2) $4,200,000 shall be available for the con- (4) pay the costs of the demonstration of struction of an addition to the Naval Reserve Mrs. HUTCHISON (for Mr. KYL, for such technologies. Center in Tacoma, Washington; himself and Mr. BINGAMAN) proposed an (c) FOLLOW-ON CONTRACTS.—(1) If the Sec- (3) $500,000 shall be available for unspec- amendment to the bill, S. 1745, supra; retary and a person demonstrating a tech- ified minor construction at Naval Reserve fa- nology under the program enter into a con- as follows: cilities in the State of Washington; and tract for remediation of nuclear waste at a At the end of subtitle D of title X, add the (4) $500,000 shall be available for planning defense nuclear facility covered by this sub- following: and design activities with respect to im- title, or at any other Department facility, as SEC. 1043. PROHIBITION ON COLLECTION AND provements at Naval Reserve facilities in the a follow-on to the demonstration of the tech- RELEASE OF DETAILED SATELLITE State of Washington. IMAGERY RELATING TO ISRAEL AND nology, the Secretary shall ensure that the (b) MODIFICATION OF LAND CONVEYANCE AU- OTHER COUNTRIES AND AREAS. contract provides for the Secretary to recoup THORITY.—Paragraph (2) of section 127(d) of (a) COLLECTION AND DISSEMINATION.—No de- from the contractor the costs incurred by the Military Construction Appropriations partment or agency of the Federal Govern- the Secretary pursuant to subsection (b)(4) Act, 1995 (Public Law 103–337; 108 Stat. 1666), ment may license the collection or dissemi- for the demonstration. is amended to read as follows: nation by any non-Federal entity of satellite (2) No contract between the Department ‘‘(2) Before commencing construction of a imagery with respect to Israel, or to any and a contractor for the demonstration of facility to be the replacement facility for the other country or geographic area designated technology under subsection (b) may provide Naval Reserve Center under paragraph (1), by the President for this purpose, unless for reimbursement of the costs of the con- the Secretary shall comply with the require- such imagery is no more detailed or precise tractor on a cost plus fee basis. ments of the National Environmental Policy than satellite imagery of the country or geo- (d) SAFE HARBORS.—In the case of an envi- Act (42 U.S.C. 4321 et seq.) with respect to graphic area concerned that is routinely ronmental technology demonstrated, veri- such facility.’’. available from commercial sources. fied, certified, and implemented at a defense (b) DECLASSIFICATION AND RELEASE.—No nuclear facility under a program established department or agency of the Federal Govern- under subsection (b), the site manager of an- THURMOND AMENDMENTS NOS. ment may declassify or otherwise release other defense nuclear facility may request 4319–4320 satellite imagery with respect to Israel, or to the Secretary to waive or limit contractual Mrs. HUTCHISON (for Mr. THUR- any other country or geographic area des- or Department regulatory requirements that ignated by the President for this purpose, would otherwise apply in implementing the MOND) proposed two amendments to the bill, S. 1745, supra; as follows: unless such imagery is no more detailed or same environmental technology at such precise than satellite imagery of the country other facility. AMENDMENT NO. 4319 or geographic area concerned that is rou- SEC. 3177. REPORTS TO CONGRESS. At the end of subtitle F of title X, add the tinely available from commercial sources. Not later than 120 days after the date of following: the appointment of a site manager under sec- SEC. 1072. INCREASE IN PENALTIES FOR CER- LEAHY (AND BOXER) AMENDMENT tion 3174(a), the site manager shall submit to TAIN TRAFFIC OFFENSES ON MILI- NO. 4322 Congress and the Secretary a report describ- TARY INSTALLATIONS. ing the expectations of the site manager Section 4 of the Act of June 1, 1948 (40 Mr. NUNN (for Mr. LEAHY, for him- with respect to environmental restoration U.S.C. 318c) is amended to read as follows: self and Mrs. BOXER) proposed an and waste management at the defense nu- ‘‘SEC. 4. (a) Except as provided in sub- amendment to the bill, S. 1745, supra; clear facility concerned by reason of the ex- section (b), whoever shall violate any rule or as follows: ercise of the authorities provided in this sub- regulation promulgated pursuant to section At the end of subtitle A of title II, add the title. The report shall describe the manner in 2 of this Act may be fined not more than $50 following: which the exercise of such authorities is ex- or imprisoned for not more than thirty days, SEC. 204. FUNDS FOR RESEARCH, DEVELOPMENT, pected to improve environmental restoration or both. TEST, AND EVALUATION RELATING and waste management at the facility and ‘‘(b) Whoever shall violate any rule or reg- TO HUMANITARIAN DEMINING identify saving that are expected to accrue ulation for the control of vehicular or pedes- TECHNOLOGIES. to the Department as a result of the exercise trian traffic on military installations that is Of the amounts authorized to be appro- of such authorities. promulgated by the Secretary of Defense, or priated by section 201(4), $18,000,000 shall be S7038 CONGRESSIONAL RECORD — SENATE June 26, 1996 available for research, development, test, (2) Early warning radars and other fixed Socialist Republics on the Limitation of and evaluation activities relating to human- ground-based radars that are in existence on Anti-Ballistic Missile Systems, signed at itarian demining technologies (PE0603120D), the date of the enactment of this Act or are Moscow on May 26, 1972, and includes Proto- to be administered by the Assistant Sec- based on existing designs, upgraded as nec- cols to that Treaty signed at Moscow on July retary of Defense for Special Operations and essary. 3, 1974, and all Agreed Statements and Low Intensity Conflict. (3) Space-based sensors in existence on amendments to such Treaty in effect. such date. THURMOND AMENDMENTS NOS. (4) To the maximum extent possible, battle ROBB (AND WARNER) AMENDMENT 4323–4324 management, command, control, and com- NO. 4326 munications systems that are in existence (Ordered to lie on the table.) on such date. (Ordered to lie on the table.) Mr. THURMOND submitted two SEC. 233. PLANNING AND DEVELOPMENT ACTIVI- Mr. ROBB (for himself and Mr. WAR- amendments intended to be proposed TIES BEFORE EMERGENCE OF NEED NER) submitted an amendment in- by him to the bill, S. 1745, supra; as fol- FOR DEPLOYMENT. tended to be proposed by them to the lows: The Secretary of Defense shall— bill, S. 1745, supra; as follows: (1) initiate or continue the planning that is AMENDMENT NO. 4323 necessary to achieve, consistent with the re- Strike out subsection (a) of section 2821 and insert in lieu thereof the following new In section 301(1) strike ‘‘$18,147,623,000’’ and quirements set forth in section 232(a), initial subsection (a): insert in lieu thereof ‘‘18,295,923,000’’. operational capability of a national missile (a) REQUIREMENT FOR SECRETARY OF INTE- In section 201(4) is reduced by $148,300,000. defense system described in section 232(b); RIOR TO TRANSFER CERTAIN SECTION 29 and LANDS.—(1) Subject to paragraph (2), the AMENDMENT NO. 4324 (2) plan to conduct an integrated systems Secretary of the Interior shall transfer to test of such a system within three years In section 3131(e), in the matter preceding the Secretary of the Army administrative ju- after the date of the enactment of this Act. paragraph (1), strike out ‘‘section 3101’’ and risdiction over the following lands located in insert in lieu thereof ‘‘section 3101(b)(1)’’. SEC. 234. REPORT ON THREAT AND NECESSARY section 29 of the National Park System at In section 3131(e)(1), strike out ‘‘and’’ after DEFENSES. Arlington National Cemetery, Virginia: the semicolon. (a) REPORT REQUIRED.—Not later than one (A) The lands known as the Arlington Na- In section 3131(e)(2), strike out the period year after the date of the enactment of this tional Cemetery Interment Zone. at the end and insert in lieu thereof ‘‘; and’’. Act, the President or the Secretary of De- (B) All lands in the Robert E. Lee Memo- At the end of section 3131(e), add the fol- fense shall submit to Congress a report on— rial Preservation Zone, other than those lowing: (1) the threat of— lands in the Preservation Zone that the Sec- (3) not more than $100,000,000 shall be avail- (A) a limited, unauthorized ballistic mis- retary of the Interior determines must be re- able for other tritium production research sile attack on the United States; or tained because of the historical significance activities. (B) a limited, accidental ballistic missile of such lands or for the maintenance of near- In section 3132(a), strike out ‘‘requirements attack on the United States; and by lands or facilities. for tritium for’’ and insert in lieu thereof (2) the defenses necessary to counter the (2)(A) The Secretary of the Interior may ‘‘tritium requirements for’’. limited threat. not make the transfer referred to in para- (b) CONTENT OF REPORT.—The report shall graph (1)(B) until 60 days after the date on CONRAD AMENDMENT NO. 4325 include the following: which the Secretary submits to the Commit- (1) A detailed description of the extent of— (Ordered to lie on the table.) tee on Armed Services of the Senate and the (A) the existing threat of attack by rogue Committee on National Security of the Mr. CONRAD submitted an amend- foreign states; and ment intended to be proposed by him House of Representatives— (B) the existing threat of an unauthorized (i) a summary of the document entitled to the bill, S. 1745, supra; as follows: or accidental attack by a foreign state that ‘‘Cultural Landscape and Archaeological Strike out subtitle C of title II, and insert is an established nuclear power. Study, Section 29, Arlington House, The in lieu thereof the following: (2) A detailed description of the probable Robert E. Lee Memorial’’; Subtitle C—Ballistic Missile Defense development of the threat and a discussion (ii) a summary of any environmental anal- of the reliability of the evidence supporting ysis required with respect to the transfer SEC. 231. GENERAL POLICY. that description. The Secretary of Defense shall initiate under the National Environmental Policy (3) A discussion of whether, in order to de- Act of 1969 (42 U.S.C. 4321 et seq.); and preparations that would enable the deploy- fend the United States effectively against ment of an affordable national missile de- (iii) the proposal of the Secretary and the the limited threat— Secretary of the Army setting forth the fense system that would be operational by (A) it is sufficient to deploy a system capa- 2003. lands to be transferred and the general man- ble of defending against five warheads nearly ner in which the Secretary of the Army will SEC. 232. SYSTEM REQUIREMENTS AND ARCHI- simultaneously; or develop such lands after transfer. TECTURE. (B) it is necessary to deploy a more robust (B) The Secretary of the Interior shall sub- (a) SYSTEM REQUIREMENTS.—The national system with up to 100 interceptors. mit the information required under subpara- missile defense system authorized shall be a (4) A discussion of any adjustments to the graph (A) not later than October 31, 1997. system that— other elements of the missile defense pro- (3) The transfer of lands under paragraph (1) is effectively capable of defending all 50 gram of the Department of Defense that are (1) shall be carried out in accordance with States against a limited ballistic missile at- necessary in order to accommodate deploy- the Interagency Agreement Between the De- tack; ment of the necessary system (taking into partment of the Interior, the National Park (2) complies with the arms and control consideration projections regarding the tech- Service, and the Department of the Army, treaties applicable to the United States; nological evolution of the emerging ballistic (3) can reach initial operational capability Dated February 22, 1995. missile threat). (4) The exact acreage and legal descrip- within six years after the date of the enact- (c) FORM OF REPORT.—A report under this tions of the lands to be transferred under ment of this Act; section may be submitted in classified form. paragraph (1) shall be determined by surveys (4) limits cost by maximizing use of exist- satisfactory to the Secretary of the Interior ing infrastructure and technology; SEC. 235. SENSE OF CONGRESS REGARDING (5) is capable of reliably countering a near- MODIFICATION OF THE ABM TREA- and the Secretary of the Army. TY. ly simultaneous attack composed of, at It is the sense of Congress that— most, five warheads; and CONRAD AMENDMENT NO. 4327 (6) is fully consistent with current United (1) some level of consultation between the parties to the ABM Treaty (as well as other (Ordered to lie on the table.) States strategic defense policy and acquisi- Mr. CONRAD submitted an amend- tion strategy. arms control agreements) could be necessary (b) SYSTEM ARCHITECTURE.—The national to implement a limited national missile de- ment intended to be proposed by him missile defense system authorized under sub- fense provided for under this subtitle; and to the bill, S. 1745, supra; as follows: section (a) shall consist of the following (2) the President should undertake such At the end of section 1062, add the follow- components: consultations to agree, in a manner that ing: (1) An interceptor system that— does not necessitate advice and consent of (d) RETENTION OF B–52H AIRCRAFT.—Not- (A) utilizes kinetic kill vehicles atop inter- the Senate, upon a limited redefinition or withstanding any other provision of law, the continental ballistic missiles in existence on clarification of the ABM Treaty as it relates Secretary of the Air Force shall maintain in the date of the enactment of this Act that to the deployment of a limited national mis- active status (including the performance of are launchable from silos existing on such sile defense described in section 232. standard maintenance and upgrades) the cur- date; and SEC. 236. ABM TREATY DEFINED. rent fleet of B–52H bomber aircraft at least (B) is capable of defending all 50 States For purposes of this subtitle, the term until the later of— from a single field of ground-based intercep- ‘‘ABM Treaty’’ means the Treaty between (1) the date that is five years after the date tors. the United States and the Union of Soviet of the enactment of this Act; or June 26, 1996 CONGRESSIONAL RECORD — SENATE S7039 (2) the date on which the START II Treaty (A) a limited, unauthorized ballistic mis- (D) by striking ‘‘and’’ at the end of sub- enters into force. sile attack on the United States; or paragraph (A); (B) a limited, accidental ballistic missile (E) by striking the period at the end of CONRAD AMENDMENT NO. 4328 attack on the United States; and subparagraph (B) and inserting ‘‘; and’’; and (2) the defenses necessary to counter the (F) by adding after subparagraph (B) the (Ordered to lie on the table.) limited threat. following new subparagraph: Mr. CONRAD submitted an amend- (b) CONTENT OF REPORT.—The report shall ‘‘(C) with respect to the offenses named by ment intended to be proposed by him include the following: subsection (d) of this section, to the period to amendment No. 4236 submitted by (1) A detailed description of the extent of— after the date of the conviction.’’. (A) the existing threat of attack by rogue (2) IDENTIFICATION OF OFFENSES.—Section Mr. KYL to the bill, S. 1745, supra; as foreign states; and 8312 of title 5, United States Code, is amend- follows: (B) the existing threat of an unauthorized ed— Beginning on the first page, strike out line or accidental attack by a foreign state that (A) by redesignating subsection (d) as sub- and all that follows and insert in lieu is an established nuclear power. section (e); and thereof the following: (2) A detailed description of the probable (B) by inserting after subsection (c) the fol- development of the threat and a discussion Subtitle —Ballistic Missile Defense lowing new subsection: of the reliability of the evidence supporting ‘‘(d)(1) The offenses under paragraph (2) are SEC. 1. GENERAL POLICY. that description. the offenses to which subsection (a) of this The Secretary of Defense shall initiate (3) A discussion of whether, in order to de- section applies, but only if— preparations that would enable the deploy- fend the United States effectively against ‘‘(A) the individual is convicted of such of- ment of an affordable national missile de- the limited threat— fense committed after the date of the enact- (A) it is sufficient to deploy a system capa- fense system that would be operational by ment of the Congressional, Presidential, and ble of defending against five warheads nearly 2003. Judicial Pension Forfeiture Act; simultaneously; or SEC. 2. SYSTEM REQUIREMENTS AND ARCHI- ‘‘(B) the individual was a Member of Con- (B) it is necessary to deploy a more robust TECTURE. gress (including the Vice President), a con- (a) SYSTEM REQUIREMENTS.—The national system with up to 100 interceptors. (4) A discussion of any adjustments to the gressional employee, or a Federal justice or missile defense system authorized shall be a judge at the time of committing the offense; system that— other elements of the missile defense pro- gram of the Department of Defense that are and (1) is effectively capable of defending all 50 ‘‘(C) the offense is punishable by imprison- States against a limited ballistic missile at- necessary in order to accommodate deploy- ment of the necessary system (taking into ment for more than 1 year. tack; ‘‘(2) The offenses under this paragraph are consideration projections regarding the tech- (2) complies with the arms control treaties as follows: nological evolution of the emerging ballistic applicable to the United States; ‘‘(A) An offense within the purview of— missile threat). (3) can reach initial operational capability ‘‘(i) section 201 of title 18 (bribery of public within six years after the date of the enact- (c) FORM OF REPORT.—A report under this section may be submitted in classified form. officials and witnesses); ment of this Act; ‘‘(ii) section 203 of title 18 (compensation (4) limits cost by maximizing use of exist- SEC. 5. SENSE OF CONGRESS REGARDING MODI- FICATION OF THE ABM TREATY. to Members of Congress, officers, and others ing infrastructure and technology; in matters affecting the Government); (5) is capable of reliably countering a near- It is the sense of Congress that— (1) some level of consultation between the ‘‘(iii) section 204 of title 18 (practice in ly simultaneous attack composed of, at parties to the ABM Treaty (as well as other United States Court of Federal Claims or the most, five warheads; and United States Court of Appeals for the Fed- (6) is fully consistent with current United arms control agreements) could be necessary to implement a limited national missile de- eral Circuit by Members of Congress); States strategic defense policy and acquisi- ‘‘(iv) section 219 of title 18 (officers and em- tion strategy. fense provided for under this subtitle; and (2) the President should undertake such ployees acting as agents of foreign prin- (b) STYSTEM ARCHITECTURE.—The national consultations to agree, in a manner that cipals); missile defense system authorized under sub- does not necessitate advice and consent of ‘‘(v) section 286 of title 18 (conspiracy to section (a) shall consist of the following the Senate, upon a limited redefinition or defraud the Government with respect to components: clarification of the ABM Treaty as it relates claims); (1) An interceptor system that— to the deployment of a limited national mis- ‘‘(vi) section 287 of title 18 (false, fictitious, (A) utilizes kinetic kill vehicles atop inter- sile defense described in section 2. or fraudulent claims); continental ballistic missiles in existence on ‘‘(vii) section 371 of title 18 (conspiracy to the date of the enactment of this Act that SEC. 6. ABM TREATY DEFINED. For purposes of this subtitle, the term commit offense or to defraud the United are launchable from silos existing on such States; date; and ‘‘ABM Treaty’’ means the Treaty between the United States and the Union of Soviet ‘‘(viii) section 597 of title 18 (expenditures (B) is capable of defending all 50 States to influence voting); from a single field of ground-based intercep- Socialist Republics on the Limitation of Anti-Ballistic Missile Systems, signed at ‘‘(ix) section 599 of title 18 (promise of ap- tors. pointment by candidate); (2) Early warning radars and other fixed Moscow on May 26, 1972, and includes Proto- cols to that Treaty signed at Moscow on July ‘‘(x) section 602 of title 18 (solicitation of ground-based radars that are in existence on political contributions); the date of the enactment of this Act or are 3, 1974, and all Agreed Statements and amendments to such Treaty in effect. ‘‘(xi) section 606 of title 18 (intimidation to based on existing designs, upgraded as nec- secure political contributions); essary. ‘‘(xii) section 607 of title 18 (place of solici- (3) Space-based sensors in existence on GREGG AMENDMENTS NOS. 4329– tation); such date. 4330 ‘‘(xiii) section 641 of title 18 (public money, (4) To the maximum extent possible, battle (Ordered to lie on the table.) property or records); or management, command, control, and com- Mr. GREGG submitted two amend- ‘‘(xiv) section 1001 of title 18 (statements or munications systems that are in existence entries generally). on such date. ments intended to be proposed by him to the bill, S. 1745, supra; as follows: ‘‘(B) Perjury committed under the statutes SEC. 3. PLANNING AND DEVELOPMENT ACTIVI- of the United States in falsely denying the TIES BEFORE EMERGENCE OF NEED AMENDMENT NO. 4329 commission of an act which constitutes an FOR DEPLOYMENT. Strike all after the first word and insert: offense within the purview of a statute The Secretary of Defense shall— CONGRESSIONAL, PRESIDENTIAL, AND JUDICIAL named by subparagraph (A). (1) initiate or continue the planning that is PENSION FORFEITURE. ‘‘(C) Subornation of perjury committed in necessary to achieve, consistent with the re- (a) SHORT TITLE.—This section may be connection with the false denial of another quirements set forth in section 2(a), initial cited as the ‘‘Congressional, Presidential, individual as specified by subparagraph operational capability of a national missile and Judicial Pension Forfeiture Act’’. (B).’’. defense system described in section 2(b); (b) CONVICTION OF CERTAIN OFFENSES.— (c) ABSENCE FROM THE UNITED STATES TO and (1) IN GENERAL.—Section 8312(a) of title 5, AVOID PROSECUTION.— (2) plan to conduct an integrated systems United States Code, is amended— (1) IN GENERAL.—Section 8313 of title 5, test of such a system within three years (A) by striking ‘‘or’’ at the end of para- United States Code, is amended— after the date of the enactment of this Act. graph (1); (A) by redesignating subsection (b) as sub- SEC. 4. REPORT ON THREAT AND NECESSARY (B) by striking the period at the end of section (c); and DEFENSES. paragraph (2) and inserting ‘‘; or’’; (B) by inserting after subsection (a) the (a) REPORT REQUIRED.—Not later than one (C) by adding after paragraph (2) the fol- following new subsection: year after the date of the enactment of this lowing new paragraph: ‘‘(b) An individual, or his survivor or bene- Act, the President or the Secretary of De- ‘‘(3) is convicted of an offense named by ficiary, may not be paid annuity or retired fense shall submit to Congress a report on— subsection (d), to the extent provided by that pay on the basis of the service of the individ- (1) the threat of— subsection.’’; ual which is creditable toward the annuity S7040 CONGRESSIONAL RECORD — SENATE June 26, 1996 or retired pay, subject to the exceptions in (F) by adding after subparagraph (B) the ‘‘(1) is under indictment, after the date of section 8311(2) and (3) of this title, if the indi- following new subparagraph: the enactment of the Congressional, Presi- vidual— ‘‘(C) with respect to the offenses named by dential, and Judicial Pension Forfeiture Act, ‘‘(1) is under indictment, after the date of subsection (d) of this section, to the period for an offense named by section 8312(d)(2) of the enactment of the Congressional, Presi- after the date of the conviction.’’. this title, but only if such offense satisfies dential, and Judicial Pension Forfeiture Act, (2) IDENTIFICATION OF OFFENSES.—Section section 8312(d)(1)(C) of this title; for an offense named by section 8312(d)(2) of 8312 of title 5, United States Code, is amend- ‘‘(2) willfully remains outside the United this title, but only if such offense satisfies ed— States, or its territories and possessions in- section 8312(d)(1)(C) of this title; (A) by redesignating subsection (d) as sub- cluding the Commonwealth of Puerto Rico, ‘‘(2) willfully remains outside the United section (e); and for more than 1 year with knowledge of the States, or its territories and possessions in- (B) by inserting after subsection (c) the fol- indictment or charges, as the case may be; cluding the Commonwealth of Puerto Rico, lowing new subsection: and for more than 1 year with knowledge of the ‘‘(d)(1) The offenses under paragraph (2) are ‘‘(3) is an individual described in section indictment or charges, as the case may be; the offenses to which subsection (a) of this 8312(d)(1)(B).’’. and section applies, but only if— (2) CONFORMING AMENDMENT.—Subsection ‘‘(3) is an individual described in section ‘‘(A) the individual is convicted of such of- (c) of section 8313 of title 5, United States 8312(d)(1)(B).’’. fense committed after the date of the enact- Code (as redesignated under paragraph (2) CONFORMING AMENDMENT.—Subsection ment of the Congressional, Presidential, and (1)(A)) is amended by inserting ‘‘or (b)’’ after (c) of section 8313 of title 5, United States Judicial Pension Forfeiture Act; ‘‘subsection (a)’’. Code (as redesignated under paragraph ‘‘(B) the individual was a Member of Con- (d) REFUND OF CONTRIBUTIONS AND DEPOS- (1)(A)) is amended by inserting ‘‘or (b)’’ after gress (including the Vice President), a con- ITS.— ‘‘subsection (a)’’. gressional employee, or a Federal justice or Section 8316(b) of title 5, United States (d) REFUND OF CONTRIBUTIONS AND DEPOS- judge at the time of committing the offense; Code, is amended— ITS.— and (1) by striking ‘‘or’’ at the end of paragraph Section 8316(b) of title 5, United States ‘‘(C) the offense is punishable by imprison- (1); Code, is amended— ment for more than 1 year. (2) by striking the period at the end of (1) by striking ‘‘or’’ at the end of paragraph ‘‘(2) The offenses under this paragraph are paragraph (2) and inserting ‘‘; or’’; and (1); as follows: (3) by adding at the end the following new (2) by striking the period at the end of ‘‘(A) An offense within the purview of— paragraph: paragraph (2) and inserting ‘‘; or’’; and ‘‘(i) section 201 of title 18 (bribery of public ‘‘(3) if the individual was convicted of an (3) by adding at the end the following new officials and witnesses); offense named by section 8312(d) of this title, paragraph: ‘‘(ii) section 203 of title 18 (compensation for the period after the conviction of the vio- ‘‘(3) if the individual was convicted of an to Members of Congress, officers, and others lation.’’. (e) FORFEITURE OF PRESIDENTIAL ALLOW- offense named by section 8312(d) of this title, in matters affecting the Government); ANCE.—Subsection (a) of the first section of for the period after the conviction of the vio- ‘‘(iii) section 204 of title 18 (practice in the Act entitled ‘‘An Act to provide retire- lation.’’. United States Court of Federal Claims or the (e) FORFEITURE OF PRESIDENTIAL ALLOW- ment, clerical assistance, and free mailing United States Court of Appeals for the Fed- ANCE.—Subsection (a) of the first section of privileges to former Presidents of the United eral Circuit by Members of Congress); the Act entitled ‘‘An Act to provide retire- States, and for other purposes’’, approved ‘‘(iv) section 219 of title 18 (officers and em- ment, clerical assistance, and free mailing August 25, 1958 (Public Law 85–745; 72 Stat. ployees acting as agents of foreign prin- privileges to former Presidents of the United 838; 3 U.S.C. 102 note) is amended— cipals); States, and for other purposes’’, approved (1) by striking ‘‘Each former President’’ ‘‘(v) section 286 of title 18 (conspiracy to August 25, 1958 (Public Law 85–745; 72 Stat. and inserting ‘‘(1) Subject to paragraph (2), defraud the Government with respect to 838; 3 U.S.C. 102 note) is amended— each former President’’; and claims); (1) by striking ‘‘Each former President’’ (2) by inserting at the end the following ‘‘(vi) section 287 of title 18 (false, fictitious, and inserting ‘‘(1) Subject to paragraph (2), new paragraph: or fraudulent claims); each former President’’; and ‘‘(2) The allowance payable to an individ- ‘‘(vii) section 371 of title 18 (conspiracy to (2) by inserting at the end the following ual under paragraph (1) shall be forfeited if— commit offense or to defraud the United new paragraph: ‘‘(A) the individual is convicted of an of- ‘‘(2) The allowance payable to an individ- States; fense described under section 8312(d)(2) of ual under paragraph (1) shall be forfeited if— ‘‘(viii) section 597 of title 18 (expenditures title 5, United States Code, committed after ‘‘(A) the individual is convicted of an of- to influence voting); the date of the enactment of the Congres- fense described under section 8312(d)(2) of ‘‘(ix) section 599 of title 18 (promise of ap- sional, Presidential, and Judicial Pension title 5, United States Code, committed after pointment by candidate); Forfeiture Act; the date of the enactment of the Congres- ‘‘(x) section 602 of title 18 (solicitation of ‘‘(B) such individual committed such of- sional, Presidential, and Judicial Pension political contributions); fense during the individual’s term of office Forfeiture Act; ‘‘(xi) section 606 of title 18 (intimidation to as President; and ‘‘(B) such individual committed such of- secure political contributions); ‘‘(C) the offense is punishable by imprison- fense during the individual’s term of office ‘‘(xii) section 607 of title 18 (place of solici- ment for more than 1 year.’’. as President; and tation); ‘‘(xiii) section 641 of title 18 (public money, ‘‘(C) the offense is punishable by imprison- MCCAIN AMENDMENT NO. 4331 ment for more than 1 year.’’. property or records); or This section shall become effective 1 day ‘‘(xiv) section 1001 of title 18 (statements or (Ordered to lie on the table.) after the date of enactment. entries generally). Mr. MCCAIN submitted an amend- ‘‘(B) Perjury committed under the statutes ment intended to be proposed by him AMENDMENT NO. 4330 of the United States in falsely denying the to the bill, S. 1745, supra; as follows: At the appropriate place, insert: commission of an act which constitutes an Strike sections 321 through 330 of S. 1745. SEC. ll. CONGRESSIONAL, PRESIDENTIAL, AND offense within the purview of a statute named by subparagraph (A). JUDICIAL PENSION FORFEITURE. DOMENICI AMENDMENTS NOS. 4332– (a) SHORT TITLE.—This section may be ‘‘(C) Subornation of perjury committed in cited as the ‘‘Congressional, Presidential, connection with the false denial of another 4339 and Judicial Pension Forfeiture Act’’. individual as specified by subparagraph (Ordered to lie on the table.) (b) CONVICTION OF CERTAIN OFFENSES.— (B).’’. Mr. Domenici submitted an amend- (1) IN GENERAL.—Section 8312(a) of title 5, (c) ABSENCE FROM THE UNITED STATES TO ment intended to be proposed by him United States Code, is amended— AVOID PROSECTION.— to the bill, S. 1745, supra; as follows: (A) by striking ‘‘or’’ at the end of para- (1) IN GENERAL.—Section 8313 of title 5, AMENDMENT NO. 4332 graph (1); United States Code, is amended— (B) by striking the period at the end of (A) by redesignating subsection (b) as sub- In the table in section 2101(a), insert after paragraph (2) and inserting ‘‘; or’’; section (c); and the item relating to Fort Polk, Louisiana, (C) by adding after paragraph (2) the fol- (B) by inserting after subsection (a) the the following new item: lowing new paragraph: following new subsection: New Mexico White Sands $10,000,000 ‘‘(3) is convicted of an offense named by ‘‘(b) An individual, or his survivor or bene- Missile subsection (d), to the extent provided by that ficiary, may not be paid annuity or retired Range. subsection.’’; pay on the basis of the service of the individ- (D) by striking ‘‘and’’ at the end of sub- ual which is creditable toward the annuity Strike out the amount set forth as the paragraph (A); or retired pay, subject to the exceptions in total amount at the end of the table in sec- (E) by striking the period at the end of section 8311(2) and (3) of this title, if the indi- tion 2101(a) and insert in lieu thereof subparagraph (B) and inserting ‘‘; and’’; and vidual— ‘‘$366,450,000’’. June 26, 1996 CONGRESSIONAL RECORD — SENATE S7041 In section 2104(a), in the matter preceding (3) Changes in Federal law are necessary to the Internal Revenue Code of 1986 that have paragraph (1), strike out ‘‘$1,894,297,000’’ and deal properly with this problem. been damaged as a result of acts of arson or insert in lieu thereof ‘‘$1,904,297,000’’. (4) Although local jurisdictions have at- terrorism in accordance with such proce- In section 2104(a)(1), strike out tempted to respond to the challenges posed dures as the Secretary shall establish by reg- ‘‘$356,450,000’’ and insert in lieu thereof by such acts of destruction or damage to re- ulation. ‘‘$366,450,000’’. ligious property, the problem is sufficiently (2) USE OF CREDIT SUBSIDY.—Notwithstand- serious, widespread, and interstate in scope ing any other provision of law, for the cost of AMENDMENT NO. 4333 to warrant Federal intervention to assist loan guarantees under this section, the Sec- In section 201(3), strike out ‘‘$14,788,356,000’’ State and local jurisdictions. retary may use not more than $5,000,000 of and insert in lieu thereof ‘‘$14,813,356,000’’. (5) Congress has authority, pursuant to the the amounts made available for fiscal year Commerce Clause of the Constitution, to 1996 for the credit subsidy provided under the AMENDMENT NO. 4334 make acts of destruction or damage to reli- General Insurance Fund and the Special Risk In section 103(3), strike out ‘‘$5,880,519,000’’ gious property a violation of Federal law. Insurance Fund. and insert in lieu thereof ‘‘5,889,519,000’’. (6) Congress has authority, pursuant to (b) TREATMENT OF COSTS.—The costs of section 2 of the 13th amendment to the Con- guaranteed loans under this section, includ- AMENDMENT NO. 4335 stitution, to make actions of private citizens ing the cost of modifying loans, shall be as motivated by race, color, or ethnicity that In section 201(3), strike out ‘‘$14,788,356,000’’ defined in section 502 of the Congressional interfere with the ability of citizens to hold and insert in lieu thereof ‘‘$14,791,356,000’’. Budget Act of 1974. or use religious property without fear of at- (c) LIMIT ON LOAN PRINCIPAL.—Funds made tack, violations of Federal criminal law. AMENDMENT NO. 4336 available under this section shall be avail- SEC. 3. PROHIBITION OF VIOLENT INTER- able to subsidize total loan principal, any In section 201(4), strike out ‘‘$9,662,542,000’’ FERENCE WITH RELIGIOUS WOR- and insert in lieu thereof ‘‘$9,687,542,000’’. part of which is to be guaranteed, not to ex- SHIP. ceed $10,000,000. Section 247 of title 18, United States Code, ERMS AND CONDITIONS.—The Secretary AMENDMENT NO. 4337 is amended— (d) T shall— In section 201(4), strike out ‘‘$9,662,542,000’’ (1) in subsection (a), by striking ‘‘sub- (1) establish such terms and conditions as and insert in lieu thereof ‘‘$9,679,542,000’’. section (c) of this section’’ and inserting the Secretary considers to be appropriate to ‘‘subsection (d)’’; provide loan guarantees under this section, AMENDMENT NO. 4338 (2) by redesignating subsections (c), (d), consistent with section 503 of the Credit Re- In section 201(4), strike out ‘‘$9,662,542,000’’ and (e), as subsections (d), (e), and (f), respec- form Act; and and insert in lieu thereof ‘‘$9,687,542,000’’. tively; (2) include in the terms and conditions a (3) by striking subsection (b) and inserting requirement that the decision to provide a AMENDMENT NO. 4339 the following: loan guarantee to a financial institution and ‘‘(b) The circumstances referred to in sub- In section 201(3), strike out ‘‘$14,788,356,000’’ the amount of the guarantee does not in any section (a) are that the offense is in or af- and insert in lieu thereof ‘‘$14,789,356,000’’. way depend on the purpose, function, or fects interstate or foreign commerce. identity of the organization to which the fi- ‘‘(c) Whoever intentionally defaces, dam- nancial institution has made, or intends to MCCAIN AMENDMENT NO. 4340 ages, or destroys any religious real property make, a loan. (Ordered to lie on the table.) because of the race, color, or ethnic charac- Mr. MCCAIN submitted an amend- teristics of any individual associated with SEC. 5. COMPENSATION OF VICTIMS; REQUIRE- that religious property, or attempts to do so, MENT OF INCLUSION IN LIST OF ment intended to be proposed by him CRIMES ELIGIBLE FOR COMPENSA- to the bill, S. 1745. supra; as follows: shall be punished as provided in subsection (d).’’; TION. Amend section 322 of S. 1745 by striking (4) in subsection (d), as redesignated— Section 1403(d)(3) of the Victims of Crime out the current language and inserting in (A) in paragraph (2)— Act of 1984 (42 U.S.C. 10602(d)(3)) is amended lieu thereof ‘‘Section 2466 of title 10, United (i) by inserting ‘‘to any person, including by inserting ‘‘crimes, whose victims suffer States Code, is repealed.’’. any public safety officer performing duties death or personal injury, that are described f as a direct or proximate result of conduct in section 247 of title 18, United States prohibited by this section,’’ after ‘‘bodily in- Code,’’ after ‘‘includes’’. THE CHURCH ARSON PREVENTION jury’’; and SEC. 6. AUTHORIZATION FOR ADDITIONAL PER- ACT OF 1996 (ii) by striking ‘‘ten years’’ and inserting SONNEL TO ASSIST STATE AND ‘‘20 years’’; LOCAL LAW ENFORCEMENT. (B) by redesignating paragraphs (2) and (3) There are authorized to be appropriated to FAIRCLOTH (AND OTHERS) as paragraphs (3) and (4), respectively; the Department of the Treasury and the De- AMENDMENT NO. 4341 (C) by inserting after paragraph (1) the fol- partment of Justice, including the Commu- Mr. FAIRCLOTH (for himself, Mr. lowing: nity Relations Service, in fiscal years 1996 ‘‘(2) if bodily injury results to any person, KENNEDY, Mr. HATCH, Mr. BIDEN, Mr. and 1997 such sums as are necessary to in- including any public safety officer perform- crease the number of personnel, investiga- KOHL, Mr. SARBANES, Mr. NUNN, Ms. ing duties as a direct or proximate result of tors, and technical support personnel to in- MOSELEY-BRAUN, Mr. THURMOND, Mr. conduct prohibited by this section, and the vestigate, prevent, and respond to potential EXON, Mr. BINGAMAN, Mr. CONRAD, Mr. violation is by means of fire or an explosive, violations of sections 247 and 844 of title 18, LAUTENBERG, and Mr. STEVENS) pro- a fine under this title or imprisonment for United States Code. not more that 40 years, or both;’’; posed an amendment to the bill (H.R. SEC. 7. REAUTHORIZATION OF HATE CRIMES STA- 3525) to amend title 18, United States (5) in subsection (f), as redesignated— TISTICS ACT. (A) by striking ‘‘religious property’’ and Code, to clarify the Federal jurisdic- The first section of the Hate Crimes Statis- tion over offenses relating to damage inserting ‘‘religious real property’’ both places it appears; and tics Act (28 U.S.C. 534 note) is amended— to religious property. (B) by inserting ‘‘, including fixtures or re- (1) in subsection (b), by striking ‘‘for the Strike all after the enacting clause and in- ligious objects contained within a place of calendar year 1990 and each of the succeeding sert the following: religious worship’’ before the period; and 4 calendar years’’ and inserting ‘‘for each SECTION 1. SHORT TITLE. (6) by adding at the end the following new calendar year’’; and This Act may be cited as the ‘‘Church subsection: (2) in subsection (c), by striking ‘‘1994’’ and Arson Prevention Act of 1996’’. ‘‘(g) No person shall be prosecuted, tried, inserting ‘‘2002’’. SEC. 2. FINDINGS. or punished for any noncapital offense under SEC. 8. SENSE OF THE CONGRESS. The Congress finds the following: this section unless the indictment is found The Congress— (1) The incidence of arson or other destruc- or the information is instituted not later (1) commends those individuals and enti- tion or vandalism of places of religious wor- than 7 years after the date on which the of- ties that have responded with funds to assist ship, and the incidence of violent inter- fense was committed.’’. in the rebuilding of places of worship that ference with an individual’s lawful exercise SEC. 4. LOAN GUARANTEE RECOVERY FUND. have been victimized by arson; and or attempted exercise of the right of reli- (a) IN GENERAL.— (2) encourages the private sector to con- gious freedom at a place of religious worship (1) IN GENERAL.—Using amounts described tinue these efforts so that places of worship pose a serious national problem. in paragraph (2), the Secretary of Housing that are victimized by arson, and their af- (2) The incidence of arson of places of reli- and Urban Development (referred to as the fected communities, can continue the re- gious worship has recently increased, espe- ‘‘Secretary’’) shall make guaranteed loans to building process with maximum financial cially in the context of places of religious financial institutions in connection with support from private individuals, businesses, worship that serve predominantly African- loans made by such institutions to assist or- charitable organizations, and other non-prof- American congregations. ganizations described in section 501(c)(3) of it entities. S7042 CONGRESSIONAL RECORD — SENATE June 26, 1996 THE NATIONAL DEFENSE AUTHOR- Colorado until the executive agent des- Authorized Stockpile Disposals—Continued IZATION ACT FOR FISCAL YEAR ignated for the pilot program submits an ap- 1997 plication for such permits as are necessary Material for disposal Quantity under the law of the State of Kentucky or Columbium Ferro ...... 249,395 pounds. the law of the State of Colorado, as the case Diamond, Bort ...... 91,542 carats. FORD (AND BROWN) AMENDMENT may be, for the construction at that site of Diamond, Stone ...... 3,029,413 carats. a plant for demilitarization of assembled Germanium ...... 28,207 kilograms. NO. 4342 Indium ...... 15,205 troy ounces. chemical munitions by means of an alter- Palladium ...... 1,249,601 troy ounces. (Ordered to lie on the table.) native to incineration. Platinum ...... 442,641 troy ounces. (2) The Secretary may enter into a con- Rubber ...... 567 long tons. Mr. FORD (for himself and Mr. Tantalum, Carbide Powder ...... 22,688 pounds con- BROWN) submitted an amendment in- tract described in paragraph (1) beginning 60 tained. tended to be proposed by them to the days after the date on which the Secretary Tantalum, Minerals ...... 1,748,947 pounds con- submits to Congress— tained. bill, S. 1745, supra; as follows: Tantalum, Oxide ...... 123,691 pounds con- (A) the report required by subsection (d)(2); tained. At the end of subtitle B of title I, add the and Titanium Sponge ...... 36,830 short tons. following: (B) the certification of the executive agent Tungsten ...... 76,358,235 pounds. SEC. 113. DEMILITARIZATION OF ASSEMBLED Tungsten, Carbide ...... 2,032,942 pounds. that— Tungsten, Metal Powder ...... 1,181,921 pounds. CHEMICAL MUNITIONS. (i) there exists no alternative technology Tungsten, Ferro ...... 2,024,143 pounds. (a) PILOT PROGRAM.—The Secretary of De- as safe and cost efficient as incineration for fense shall conduct a pilot program to iden- demilitarizing chemical munitions at non- (c) MINIMIZATION OF DISRUPTION AND tify and demonstrate feasible alternatives to bulk sites; and LOSS.—The President may not dispose of ma- incineration for the demilitarization of as- (ii) no alternative technology can meet the terials under subsection (a) to the extent sembled chemical munitions. requirements of section 1412 of the Depart- that the disposal will result in— (b) PROGRAM REQUIREMENTS.—(1) the Sec- ment of Defense Authorization Act, 1986. (1) undue disruption of the usual markets retary of Defense shall designate an execu- (f) ASSEMBLED CHEMICAL MUNITION DE- of producers, processors, and consumers of tive agent to carry out the pilot program re- FINED.—For the purpose of this section, the the materials proposed for disposal; or quired to be conducted under subsection (a). term ‘‘assembled chemical munition’’ means (2) avoidable loss to the United States. (2) The executive agent shall— an entire chemical munition, including com- (d) TREATMENT OF RECEIPTS.—(1) Notwith- (A) be an officer or executive of the United ponent parts, chemical agent, propellant, standing section 9 of the Strategic and Criti- States Government; and explosive. cal Materials Stock Piling Act (50 U.S.C. (B) be accountable to the Secretary of De- (g) FUNDING.—(1) Of the amount authorized 98h), funds received as a result of the dis- fense; and to be appropriated under section 107, posal of materials under subsection (a) shall (C) not be, or have been, in direct or imme- $60,000,000 shall be available for the pilot pro- be deposited into the general fund of the diate control of the chemical weapon stock- gram under this section. Such funds may not Treasury and used to offset the revenues lost pile demilitarization program established by be derived from funds to be made available as a result of the amendments made by sub- 1412 of the Department of Defense Authoriza- under the chemical demilitarization program section (a) of section 4303 of the National De- tion Act, 1986 (50 U.S.C. 1521) or the alter- for the alternative technologies research and fense Authorization Act for Fiscal Year 1996 native disposal process program carried out development program at bulk sites. (Public Law 104–106; 110 Stat. 658). under sections 174 and 175 of the National De- (2) Funds made available for the pilot pro- (2) This section shall be treated as qualify- fense Authorization Act for Fiscal Year 1993 gram pursuant to paragraph (1) shall be ing offsetting legislation for purposes of sub- (Public Law 102–484; 50 U.S.C. 1521 note). made available to the executive agent for section (b) of such section 4303. (3) The executive agent may— use for the pilot program. (e) RELATIONSHIP TO OTHER DISPOSAL AU- (A) carry out the pilot program directly; (3) No funds authorized to be appropriated THORITY.—The disposal authority provided in (B) enter into a contract with a private en- by section 107 (other than the funds referred subsection (a) is new disposal authority and tity to carry out the pilot program; or to in paragraph (1)) that remain available for is in addition to, and shall not affect, any (C) transfer funds to another department obligation on January 1, 1997, may be obli- other disposal authority provided by law re- or agency of the Federal Government in gated after that date unless— garding the materials specified in such sub- order to provide for such department or (A) the funds referred to in that paragraph section. agency to carry out the pilot program. have been transferred to the executive agent (f) DEFINITION.—The term ‘‘National De- (4) A department or agency that carries for use for the pilot program; and fense Stockpile’’ means the National Defense out the pilot program under paragraph (3)(C) (B) the pilot program has commenced. Stockpile provided for in section 4 of the may not, for purposes of the pilot program, Strategic and Critical Materials Stock Pil- contract with or competitively select the or- ing Act (50 U.S.C. 98c). ganization within the Army that exercises COHEN AMENDMENT NO. 4343 direct or immediate management control (Ordered to lie on the table.) LOTT AMENDMENT NO. 4344 over either program referred to in paragraph Mr. COHEN submitted an amendment (2)(C). (Ordered to lie on the table.) (5) The pilot program shall terminate not intended to be proposed by him to the Mr. LOTT submitted an amendment later than September 30, 2000. bill, S. 1745, supra; as follows: intended to be proposed by him to the (c) ANNUAL REPORT.—Not later than De- At the end of title XXXIII, add the follow- bill, S. 1745, supra; as follows: cember 15 of each year in which the Sec- ing: At the appropriate place, insert the follow- retary carries out the pilot program, the SEC. 3303. ADDITIONAL AUTHORITY TO DISPOSE ing: Secretary shall submit to Congress a report OF MATERIALS IN NATIONAL DE- SEC. . OCEANOGRAPHIC SHIP OPERATIONS AND on the activities under the pilot program FENSE STOCKPILE. DATA ANALYSIS. during the preceding fiscal year. (a) DISPOSAL REQUIRED.—Subject to sub- (a) Of the funds provided by Section 301(2), (d) EVALUATION AND REPORT.—Not later section (c), the President shall dispose of an additional $6,200,000 may be authorized for than December 31, 2000, the Secretary of De- materials contained in the National Defense the reduction, storage, modeling and conver- fense shall— Stockpile and specified in the table in sub- sion of oceanographic data for use by the (1) evaluate each demilitarization alter- section (b) so as to result in receipts to the navy, consistent with Navy’s requirements. native identified and demonstrated under the United States in amounts equal to— (b) Such funds identified in (a) shall be in pilot program to determine whether that al- (1) $110,000,000 during the five-fiscal year addition to such amounts already provided ternative— period ending September 30, 2001; for this purpose in the budget request. (A) is as safe and cost efficient as inciner- (2) $260,000,000 during the seven-fiscal year ation for disposing of assembled chemical period ending September 30, 2003; and EXON (AND OTHERS) AMENDMENT munitions; and (3) $440,000,000 during the nine-fiscal year (B) meets the requirements of section 1412 period ending September 30, 2005. NO. 4345 of the Department of Defense Authorization (b) LIMITATION ON DISPOSAL QUANTITY.— Mr. EXON (for himself, Mr. KOHL, Mr. Act, 1986; and The total quantities of materials authorized BINGAMAN, Mr. LEVIN, Mr. DORGAN, Mr. (2) submit to Congress a report containing for disposal by the President under sub- WELLSTONE, Mr. FEINGOLD, and Mr. the evaluation. section (a) may not exceed the amounts set HARKIN) proposed an amendment to the (e) LIMITATION ON LONG LEAD CONTRACT- forth in the following table: ING.—(1) Notwithstanding any other provi- bill, S. 1745, supra; as follows: sion of law and except as provided in para- Authorized Stockpile Disposals After section 3, insert the following: graph (2), the Secretary may not enter into SEC. 4. GENERAL LIMITATION. any contract for the purchase of long lead Material for disposal Quantity Notwithstanding any other provision of materials considered to be baseline inciner- this Act, the total amount authorized to be Chrome Metal, Electrolytic ...... 8,471 short tons. ation specific materials for the construction Cobalt ...... 9,902,774 pounds. appropriated for fiscal year 1997 under the of an incinerator at any site in Kentucky or Columbium Carbide ...... 21,372 pounds. provisions to this Act is $263,362,000,000. June 26, 1996 CONGRESSIONAL RECORD — SENATE S7043

THURMOND (AND NUNN) Mr. GRAHAM, Mr. LIEBERMAN, and Mr. (14) Mass terror may result from terrorist AMENDMENT NO. 4346 SPECTER) proposed an amendment to incidents involving nuclear, radiological, bi- the bill, S. 1745, supra; as follows: ological, or chemical materials, even if such Mr. THURMOND (for himself and Mr. materials are not configured as military NUNN) proposed an amendment to the At the end of division A, add the following new title: weapons. bill, S. 1745, supra; as follows: (15) Facilities required for production of After section 3, add the following: TITLE XIII—DEFENSE AGAINST WEAPONS radiological, biological, and chemical weap- OF MASS DESTRUCTION SEC. 4. GENERAL LIMITATION. ons are much smaller and harder to detect Notwithstanding any other provision of SEC. 1301. SHORT TITLE. than nuclear weapons facilities, and biologi- this Act, the total amount authorized to be This title may be cited as the ‘‘Defense cal, and chemical weapons can be deployed appropriated for fiscal year 1997 for the na- Against Weapons of Mass Destruction Act of by alternative delivery means that are much tional defense function under the provisions 1996’’. harder to detect than long-range ballistic of this Act is $265,583,000,000. SEC. 1302. FINDINGS. missiles. Congress makes the following findings: (16) Such delivery systems have no assign- WELLSTONE (AND OTHERS) (1) Weapons of mass destruction and relat- ment of responsibility, unlike ballistic mis- ed materials and technologies are increas- siles, for which a launch location would be AMENDMENT NO. 4347 ingly available from worldwide sources. unambiguously known. Mr. WELLSTONE (for himself, Mr. Technical information relating to such (17) Covert or unconventional means of de- weapons is readily available on the Internet, BUMPERS, Mrs. BOXER, Mr. FEINGOLD, livery of nuclear, radiological, biological, Mr. WYDEN, and Mr. PELL) proposed an and raw materials for chemical, biological, and radiological weapons are widely avail- and chemical weapons, which might be pref- amendment to the bill, S. 1745, supra; erable to foreign states and nonstate organi- as follows: able for legitimate commercial purposes. (2) The former Soviet Union produced and zations, include cargo ships, passenger air- At the end of subtitle A of title X add the maintained a vast array of nuclear, biologi- craft, commercial and private vehicles and following: cal, and chemical weapons of mass destruc- vessels, and commercial cargo shipments SEC. . TRANSFERS FOR EDUCATION AND EM- tion. routed through multiple destinations. PLOYMENT ASSISTANCE PROGRAMS. (3) Many of the states of the former Soviet (18) Traditional arms control efforts as- (a) EDUCATION PROGRAMS.—Of the total Union retain the facilities, materials, and sume large state efforts with detectable amount authorized to be appropriated for the technologies capable of producing additional manufacturing programs and weapons pro- Department of Defense for fiscal year 1997 quantities of weapons of mass destruction. duction programs, but are ineffective in pursuant to the authorizations of appropria- (4) The disintegration of the former Soviet monitoring and controlling smaller, though tions contained in this Act, the Secretary of Union was accompanied by disruptions of potentially more dangerous, unconventional Defense is authorized to transfer to the Sec- command and control systems, deficiencies proliferation efforts. retary of Education— (19) Conventional counterproliferation ef- (1) $577,000,000, to carry out subpart 1 of in accountability for weapons, weapons-re- lated materials and technologies, economic forts would do little to detect or prevent the part A of title IV of the Higher Education rapid development of a capability to sud- Act of 1965 (20 U.S.C. 1070a), relating to Fed- hardships, and significant gaps in border control among the states of the former So- denly manufacture several hundred chemical eral Pell Grants; or biological weapons with nothing but com- (2) $158,000,000, to carry out part E of title viet Union. The problems of organized crime mercial supplies and equipment. IV of the Higher Education Act of 1965 (20 and corruption in the states of the former U.S.C. 1087aa et seq.), relating to Federal Soviet Union increase the potential for pro- (20) The United States lacks adequate plan- Perkins Loans; and liferation of nuclear, radiological, biological, ning and countermeasures to address the (3) $71,000,000, to carry out part D of title and chemical weapons and related materials. threat of nuclear, radiological, biological, IV of the Higher Education Act of 1965 (20 (5) The conditions described in paragraph and chemical terrorism. U.S.C. 1087a et seq.), relating to Federal Di- (4) have substantially increased the ability (21) The Department of Energy has estab- rect Stafford/Ford Loans. of potentially hostile nations, terrorist lished a Nuclear Emergency Response Team (b) EMPLOYMENT ASSISTANCE PROGRAMS.— groups, and individuals to acquire weapons which is available in case of nuclear or radi- Of the total amount authorized to be appro- of mass destruction and related materials ological emergencies, but no comparable priated for the Department of Defense for fis- and technologies from within the states of units exist to deal with emergencies involv- cal year 1997 pursuant to the authorizations the former Soviet Union and from unem- ing biological, or chemical weapons or relat- of appropriations contained in this Act, the ployed scientists who worked on those pro- ed materials. Secretary of Defense is authorized to trans- grams. (22) State and local emergency response fer to the Secretary of Labor— (6) As a result of such conditions, the capa- personnel are not adequately prepared or (1) $193,000,000, to provide employment and bility of potentially hostile nations and ter- trained for incidents involving nuclear, radi- training assistance to dislocated workers rorist groups to acquire nuclear, radiologi- ological, biological, or chemical materials. under title III of the Job Training Partner- cal, biological, and chemical weapons is (23) Exercises of the Federal, State, and ship Act (29 U.S.C. 1651 et seq.); greater than any time in history. local response to nuclear, radiological, bio- (2) $246,000,000, to carry out summer youth (7) The President has identified North logical, or chemical terrorism have revealed employment and training programs under Korea, Iraq, Iran, and Libya as hostile states serious deficiencies in preparedness and se- part B of title II of the Job Training Part- which already possess some weapons of mass vere problems of coordination. nership Act (29 U.S.C. 1630 et seq.); destruction and are developing others. (24) The development of, and allocation of (3) $25,000,000, to carry out School-to-Work (8) The acquisition or the development and responsibilities for, effective counter- Opportunities programs under the School-to- use of weapons of mass destruction is well measures to nuclear, radiological, biological, Work Opportunities Act of 1994 (20 U.S.C. within the capability of many extremist and or chemical terrorism in the United States 2101 et seq.); and (4) $40,000,000, to carry out activities, in- terrorist movements, acting independently requires well-coordinated participation of cluding activities provided through one-stop or as proxies for foreign states. many Federal agencies, and careful planning centers, under the Wagner-Peyser Act (29 (9) Foreign states can transfer weapons to by the Federal Government and State and U.S.C. 49 et seq.). or otherwise aid extremist and terrorist local governments. movements indirectly and with plausible (25) Training and exercises can signifi- GLENN AMENDMENT NO. 4348 deniability. cantly improve the preparedness of State (10) Terrorist groups have already con- and local emergency response personnel for (Ordered to lie on the table.) ducted chemical attacks against civilian tar- emergencies involving nuclear, radiological, Mr. GLENN submitted an amend- gets in the United States and Japan, and a biological, or chemical weapons or related ment intended to be proposed by him radiological attack in Russia. materials. to the bill, S. 1745, supra; as follows: (11) The potential for the national security (26) Sharing of the expertise and capabili- In section 1022(a), strike out ‘‘. Such trans- of the United States to be threatened by nu- ties of the Department of Defense, which tra- fers’’ and insert in lieu thereof ‘‘, if the Sec- clear, radiological, chemical, or biological ditionally has provided assistance to Fed- retary determines that the tugboats are not terrorism must be taken as seriously as the eral, State, and local officials in neutraliz- needed for transfer, donation, or other dis- risk of an attack by long-range ballistic mis- ing, dismantling, and disposing of explosive posal under title II of the Federal Property siles carrying nuclear weapons. ordnance, as well as radiological, biological, and Administrative Services Act of 1949 (40 (12) There is a significant and growing and chemical materials, can be a vital con- U.S.C. 481 et seq.). A transfer made under the threat of attack by weapons of mass destruc- tribution to the development and deploy- preceding sentence’’. tion on targets that are not military targets ment of countermeasures against nuclear, bi- in the usual sense of the term. ological, and chemical weapons of mass de- NUNN (AND OTHERS) AMENDMENT (13) Concomitantly, the threat posed to the struction. NO. 4349 citizens of the United States by nuclear, ra- (27) The United States lacks effective pol- diological, biological, and chemical weapons icy coordination regarding the threat posed Mr. NUNN (for himself, Mr. LUGAR, delivered by unconventional means is signifi- by the proliferation of weapons of mass de- Mr. DOMENICI, Mr. DASCHLE, Mr. BIDEN, cant and growing. struction. S7044 CONGRESSIONAL RECORD — SENATE June 26, 1996 SEC. 1303. DEFINITIONS. local officials responding to emergencies in- (2)(A) Of the total amount authorized to be In this title: volving a weapon of mass destruction or re- appropriated under title XXXI, $15,000,000 is (1) The term ‘‘weapon of mass destruction’’ lated materials. available for providing assistance described means any weapon or device that is in- (3) Use of the National Guard and other re- in subsection (b). tended, or has the capability, to cause death serve components for purposes authorized (B) The amount available under subpara- or serious bodily injury to a significant num- under this section that are specified by the graph (A) for providing assistance is in addi- ber of people through the release, dissemina- lead official (with the concurrence of the tion to any other amounts authorized to be tion, or impact of— Secretary of Defense if the Secretary is not appropriated under title XXXI for that pur- (A) toxic or poisonous chemicals or their the lead official). pose. precursors; (4) Loan of appropriate equipment. SEC. 1313. MILITARY ASSISTANCE TO CIVILIAN (B) a disease organism; or (f) LIMITATIONS ON DEPARTMENT OF DE- LAW ENFORCEMENT OFFICIALS IN EMERGENCY SITUATIONS INVOLV- (C) radiation or radioactivity. FENSE ASSISTANCE TO LAW ENFORCEMENT ING BIOLOGICAL OR CHEMICAL (2) The term ‘‘independent states of the AGENCIES.—Assistance provided by the De- WEAPONS. former Soviet Union’’ has the meaning given partment of Defense to law enforcement (a) ASSISTANCE AUTHORIZED.—(1) The chap- the term in section 3 of the FREEDOM Sup- agencies under this section shall be provided ter 18 of title 10, United States Code, is port Act (22 U.S.C. 5801). under the authority of, and subject to the re- amended by adding at the end the following: (3) The term ‘‘highly enriched uranium’’ strictions provided in, chapter 18 of title 10, ‘‘§ 382. Emergency situations involving chemi- means uranium enriched to 20 percent or United States Code. cal or biological weapons of mass destruc- more in the isotope U–235. (g) ADMINISTRATION OF DEPARTMENT OF DE- tion Subtitle A—Domestic Preparedness FENSE ASSISTANCE.—The Secretary of De- fense shall designate an official within the ‘‘(a) IN GENERAL.—The Secretary of De- SEC. 1311. EMERGENCY RESPONSE ASSISTANCE Department of Defense to serve as the execu- fense, upon the request of the Attorney Gen- PROGRAM. tive agent of the Secretary for the coordina- eral, may provide assistance in support of (a) PROGRAM REQUIRED.—(1) The Secretary tion of the provision of Department of De- Department of Justice activities relating to of Defense shall carry out a program to pro- fense assistance under this section. the enforcement of section 175 or 2332c of vide civilian personnel of Federal, State, and (h) FUNDING.—(1) Of the total amount au- title 18 during an emergency situation in- local agencies with training and expert ad- thorized to be appropriated under section volving a biological or chemical weapon of vice regarding emergency responses to a use 301, $35,000,000 is available for the program mass destruction. Department of Defense re- or threatened use of a weapon of mass de- required under this section. sources, including personnel of the Depart- struction or related materials. (2) Of the amount available for the pro- ment of Defense, may be used to provide (2) The President may designate the head gram pursuant to paragraph (1), $10,500,000 is such assistance if— of an agency other than the Department of available for use by the Secretary of Defense ‘‘(1) the Secretary of Defense and the At- Defense to assume the responsibility for car- to assist the Surgeon General of the United torney General jointly determine that an rying out the program on or after October 1, States in the establishment of metropolitan emergency situation exists; and 1999, and relieve the Secretary of Defense of emergency medical response teams (com- ‘‘(2) the Secretary of Defense determines that responsibility upon the assumption of monly referred to as ‘‘Metropolitan Medical that the provision of such assistance will not the responsibility by the designated official. Strike Force Teams’’) to provide medical adversely affect the military preparedness of (3) Hereafter in this section, the official re- services that are necessary or potentially the United States. ‘‘(b) EMERGENCY SITUATIONS COVERED.—As sponsible for carrying out the program is re- necessary by reason of a use or threatened used in this section, the term ‘emergency ferred to as the ‘‘lead official’’. use of a weapon of mass destruction. situation involving a biological or chemical (b) COORDINATION.—In carrying out the pro- (3) The amount available for the program weapon of mass destruction’ means a cir- gram, the lead official shall coordinate with under paragraph (1) is in addition to any cumstance involving a biological or chemical each of the following officials who is not other amounts authorized to be appropriated weapon of mass destruction— serving as the lead official: for the program under section 301. (1) The Director of the Federal Emergency ‘‘(1) that poses a serious threat to the in- SEC. 1312. NUCLEAR, CHEMICAL, AND BIOLOGI- terests of the United States; and Management Agency. CAL EMERGENCY RESPONSE. ‘‘(2) in which— (2) The Secretary of Energy. (a) DEPARTMENT OF DEFENSE.—The Sec- ‘‘(A) civilian expertise and capabilities are (3) The Secretary of Defense. retary of Defense shall designate an official not readily available to provide the required (4) The heads of any other Federal, State, within the Department of Defense as the ex- assistance to counter the threat imme- and local government agencies that have an ecutive agent for— diately posed by the weapon involved; expertise or responsibilities relevant to (1) the coordination of Department of De- ‘‘(B) special capabilities and expertise of emergency responses described in subsection fense assistance to Federal, State, and local the Department of Defense are necessary and (a)(1). officials in responding to threats involving critical to counter the threat posed by the (c) ELIGIBLE PARTICIPANTS.—The civilian biological or chemical weapons or related weapon involved; and personnel eligible to receive assistance under materials or technologies, including assist- ‘‘(C) enforcement of section 175 or 2332c of the program are civilian personnel of Fed- ance in identifying, neutralizing, disman- title 18 would be seriously impaired if the eral, State, and local agencies who have tling, and disposing of biological and chemi- Department of Defense assistance were not emergency preparedness responsibilities. cal weapons and related materials and tech- provided. (d) INVOLVEMENT OF OTHER FEDERAL AGEN- nologies; and ‘‘(c) FORMS OF ASSISTANCE.—The assistance CIES.—(1) The lead official may use personnel (2) the coordination of Department of De- and capabilities of Federal agencies outside referred to in subsection (a) includes the op- fense assistance to the Department of En- eration of equipment (including equipment the agency of the lead official to provide ergy in carrying out that department’s re- training and expert advice under the pro- made available under section 372 of this sponsibilities under subsection (b). title) to monitor, contain, disable, or dispose gram. (b) DEPARTMENT OF ENERGY.—The Sec- of the weapon involved or elements of the (2)(A) Personnel used under paragraph (1) retary of Energy shall designate an official weapon. shall be personnel who have special skills within the Department of Energy as the ex- ‘‘(d) REGULATIONS.—(1) The Secretary of relevant to the particular assistance that ecutive agent for— Defense and the Attorney General shall the personnel are to provide. (1) the coordination of Department of En- jointly issue regulations concerning the (B) Capabilities used under paragraph (1) ergy assistance to Federal, State, and local types of assistance that may be provided shall be capabilities that are especially rel- officials in responding to threats involving under this section. Such regulations shall evant to the particular assistance for which nuclear weapons or related materials or also describe the actions that Department of the capabilities are used. technologies, including assistance in identi- Defense personnel may take in cir- (e) AVAILABLE ASSISTANCE.—Assistance fying, neutralizing, dismantling, and dispos- cumstances incident to the provision of as- available under this program shall include ing of nuclear weapons and related materials sistance under this section. the following: and technologies; and ‘‘(2)(A) Except as provided in subparagraph (1) Training in the use, operation, and (2) the coordination of Department of En- (B), the regulations may not authorize the maintenance of equipment for— ergy assistance to the Department of De- following actions: (A) detecting a chemical or biological fense in carrying out that department’s re- ‘‘(i) Arrest. agent or nuclear radiation; sponsibilities under subsection (a). ‘‘(ii) Any direct participation in conduct- (B) monitoring the presence of such an (c) FUNDING.—(1)(A) Of the total amount ing a search for or seizure of evidence related agent or radiation; authorized to be appropriated under section to a violation of section 175 or 2332c of title (C) protecting emergency personnel and 301, $15,000,000 is available for providing as- 18. the public; and sistance described in subsection (a). ‘‘(iii) Any direct participation in the col- (D) decontamination. (B) The amount available under subpara- lection of intelligence for law enforcement (2) Establishment of a designated tele- graph (A) for providing assistance described purposes. phonic link (commonly referred to as a ‘‘hot in subsection (a) is in addition to any other ‘‘(B) The regulations may authorize an ac- line’’) to a designated source of relevant data amounts authorized to be appropriated under tion described in subparagraph (A) to be and expert advice for the use of State or section 301 for that purpose. taken under the following conditions: June 26, 1996 CONGRESSIONAL RECORD — SENATE S7045 ‘‘(i) The action is considered necessary for (2)(A) The chapter 133B of title 18, United sponses of Federal, State, and local agencies the immediate protection of human life, and States Code, that relates to terrorism is to emergencies involving nuclear and radio- civilian law enforcement officials are not ca- amended by inserting after section 2332c the logical weapons and related materials. pable of taking the action. following: (2) The program shall include exercises to ‘‘(ii) The action is otherwise authorized ‘‘§ 2332d. Requests for military assistance to be carried out during each of five successive under subsection (c) or under otherwise ap- enforce prohibition in certain emergencies fiscal years beginning with fiscal year 1997. plicable law. ‘‘The Attorney General may request the (3) In developing and carrying out the pro- ‘‘(e) REIMBURSEMENTS.—The Secretary of Secretary of Defense to provide assistance gram, the Secretary shall coordinate with Defense shall require reimbursement as a under section 382 of title 10 in support of De- the Director of the Federal Bureau of Inves- condition for providing assistance under this partment of Justice activities relating to the tigation, the Director of the Federal Emer- section to the extent required under section enforcement of section 2332c of this title dur- gency Management Agency, the Secretary of 377 of this title. ing an emergency situation involving a Defense, and the heads of any other Federal, ‘‘(f) DELEGATIONS OF AUTHORITY.—(1) Ex- chemical weapon of mass destruction. The State, and local government agencies that cept to the extent otherwise provided by the authority to make such a request may be ex- have an expertise or responsibilities relevant Secretary of Defense, the Deputy Secretary ercised by another official of the Department to emergencies described in paragraph (1). of Defense may exercise the authority of the of Justice in accordance with section 382(f)(2) (c) ANNUAL REVISIONS OF PROGRAMS.—The Secretary of Defense under this section. The of title 10.’’. official responsible for carrying out a pro- Secretary of Defense may delegate the Sec- (B) The table of sections at the beginning gram developed under subsection (a) or (b) retary’s authority under this section only to of such chapter is amended by inserting after shall revise the program not later than June an Under Secretary of Defense or an Assist- the item relating to section 2332c the follow- 1 in each fiscal year covered by the program. ant Secretary of Defense and only if the ing: The revisions shall include adjustments that Under Secretary or Assistant Secretary to ‘‘2332d. Requests for military assistance to the official determines necessary or appro- whom delegated has been designated by the enforce prohibition in certain priate on the basis of the lessons learned Secretary to act for, and to exercise the gen- emergencies.’’. from the exercise or exercises carried out eral powers of, the Secretary. under the program in the fiscal year, includ- (d) CIVILIAN EXPERTISE.—The President ‘‘(2) Except to the extent otherwise pro- ing lessons learned regarding coordination shall take reasonable measures to reduce the vided by the Attorney General, the Deputy problems and equipment deficiencies. reliance of civilian law enforcement officials Attorney General may exercise the author- (d) OPTION TO TRANSFER RESPONSIBILITY.— on Department of Defense resources to ity of the Attorney General under this sec- (1) The President may designate the head of counter the threat posed by the use or poten- tion. The Attorney General may delegate an agency outside the Department of Defense tial use of biological and chemical weapons that authority only to the Associate Attor- to assume the responsibility for carrying out of mass destruction within the United ney General or an Assistant Attorney Gen- the program developed under subsection (a) States. The measures shall include— eral and only if the Associate Attorney Gen- beginning on or after October 1, 1999, and re- (1) actions to increase civilian law enforce- eral or Assistant Attorney General to whom lieve the Secretary of Defense of that respon- ment expertise to counter such a threat; and delegated has been designated by the Attor- sibility upon the assumption of the respon- (2) actions to improve coordination be- ney General to act for, and to exercise the sibility by the designated official. tween civilian law enforcement officials and general powers of, the Attorney General. (2) The President may designate the head ‘‘(g) RELATIONSHIP TO OTHER AUTHORITY.— other civilian sources of expertise, within and outside the Federal Government, to of an agency outside the Department of En- Nothing in this section shall be construed to ergy to assume the responsibility for carry- restrict any executive branch authority re- counter such a threat. (e) REPORTS.—The President shall submit ing out the program developed under sub- garding use of members of the armed forces section (b) beginning on or after October 1, or equipment of the Department of Defense to Congress the following reports: (1) Not later than 90 days after the date of 1999, and relieve the Secretary of Energy of that was in effect before the date of the en- that responsibility upon the assumption of actment of the National Defense Authoriza- the enactment of this Act, a report describ- ing the respective policy functions and oper- the responsibility by the designated official. tion Act for Fiscal Year 1997.’’. (e) FUNDING.—(1) Of the total amount au- (2) The table of sections at the beginning of ational roles of Federal agencies in counter- ing the threat posed by the use or potential thorized to be appropriated under section such chapter is amended by adding at the 301, $15,000,000 is available for the develop- end the following: use of biological and chemical weapons of mass destruction within the United States. ment and execution of the programs required ‘‘382. Emergency situations involving chemi- (2) Not later than one year after such date, by this section, including the participation cal or biological weapons of a report describing— of State and local agencies in exercises car- mass destruction.’’. (A) the actions planned to be taken to ried out under the programs. (b) CONFORMING AMENDMENT TO CONDITION carry out subsection (d); and (2) The amount available under paragraph FOR PROVIDING EQUIPMENT AND FACILITIES.— (B) the costs of such actions. (1) for the development and execution of pro- Section 372(b)(1) of title 10, United States (3) Not later than three years after such grams referred to in that paragraph is in ad- Code, is amended by adding at the end the date, a report updating the information pro- dition to any other amounts authorized to be following: ‘‘The requirement for a deter- vided in the reports submitted pursuant to appropriated under section 301 for such pur- mination that an item is not reasonably paragraphs (1) and (2), including the meas- poses. available from another source does not apply ures taken pursuant to subsection (d). Subtitle B—Interdiction of Weapons of Mass to assistance provided under section 382 of SEC. 1314. TESTING OF PREPAREDNESS FOR Destruction and Related Materials this title pursuant to a request of the Attor- EMERGENCIES INVOLVING NU- SEC. 1321. UNITED STATES BORDER SECURITY. ney General for the assistance.’’. CLEAR, RADIOLOGICAL, CHEMICAL, (c) CONFORMING AMENDMENTS RELATING TO AND BIOLOGICAL WEAPONS. (a) PROCUREMENT OF DETECTION EQUIP- AUTHORITY TO REQUEST ASSISTANCE.—(1)(A) (a) EMERGENCIES INVOLVING CHEMICAL OR MENT.—(1) Of the amount authorized to be Chapter 10 of title 18, United States Code, is BIOLOGICAL WEAPONS.—(1) The Secretary of appropriated by section 301, $15,000,000 is amended by inserting after section 175 the Defense shall develop and carry out a pro- available for the procurement of— following: gram for testing and improving the re- (A) equipment capable of detecting the sponses of Federal, State, and local agencies movement of weapons of mass destruction ‘‘§ 175a. Requests for military assistance to and related materials into the United States; enforce prohibition in certain emergencies to emergencies involving biological weapons and related materials and emergencies in- (B) equipment capable of interdicting the ‘‘The Attorney General may request the volving chemical weapons and related mate- movement of weapons of mass destruction Secretary of Defense to provide assistance rials. and related materials into the United States; under section 382 of title 10 in support of De- (2) The program shall include exercises to and partment of Justice activities relating to the be carried out during each of five successive (C) materials and technologies related to enforcement of section 175 of this title in an fiscal years beginning with fiscal year 1997. use of equipment described in subparagraph emergency situation involving a biological (3) In developing and carrying out the pro- (A) or (B). weapon of mass destruction. The authority gram, the Secretary shall coordinate with (2) The amount available under paragraph to make such a request may be exercised by the Director of the Federal Bureau of Inves- (1) for the procurement of items referred to another official of the Department of Justice tigation, the Director of the Federal Emer- in that paragraph is in addition to any other in accordance with section 382(f)(2) of title gency Management Agency, the Secretary of amounts authorized to be appropriated under 10.’’. Energy, and the heads of any other Federal, section 301 for such purpose. (B) The table of sections at the beginning State, and local government agencies that (b) AVAILABILITY OF EQUIPMENT TO COMMIS- of such chapter is amended by inserting after have an expertise or responsibilities relevant SIONER OF CUSTOMS.—To the extent author- the item relating to section 175 the follow- to emergencies described in paragraph (1). ized under chapter 18 of title 10, United ing: (b) EMERGENCIES INVOLVING NUCLEAR AND States Code, the Secretary of Defense may ‘‘175a. Requests for military assistance to en- RADIOLOGICAL WEAPONS.—(1) The Secretary make equipment of the Department of De- force prohibition in certain of Energy shall develop and carry out a pro- fense described in subsection (a), and related emergencies.’’. gram for testing and improving the re- materials and technologies, available to the S7046 CONGRESSIONAL RECORD — SENATE June 26, 1996 Commissioner of Customs for use in detect- former Soviet Union, the Baltic states, and (B) facilitate verification; and ing and interdicting the movement of weap- other countries of Eastern Europe in pre- (C) are suitable for nonweapons use; and ons of mass destruction into the United venting unauthorized transfer and transpor- (3) technologies that promote openness in States. tation of nuclear, biological, and chemical Russian production, storage, use, and final SEC. 1322. NONPROLIFERATION AND COUNTER- weapons and related materials. Training, ex- and interim disposition of weapon-usable PROLIFERATION RESEARCH AND DEVELOP- pert advice, maintenance of equipment, loan fissible material, including at tritium/iso- MENT. of equipment, and audits may be provided tope production reactors, uranium enrich- (a) ACTIVITIES AUTHORIZED.—The Secretary under or in connection with the programs. ment plants, chemical separation plants, and of Defense and the Secretary of Energy are (b) FUNDING.—(1) Of the total amount au- fabrication facilities associated with naval each authorized to carry out research on and thorized to be appropriated by section 301, and civil research reactors. development of technical means for detect- $15,000,000 is available for carrying out the (b) WEAPONS-USABLE FISSILE MATERIALS ing the presence, transportation, production, programs referred to in subsection (a). TO BE COVERED BY COOPERATIVE THREAT RE- and use of weapons of mass destruction and (2) The amount available under paragraph DUCTION PROGRAMS ON ELIMINATION OR technologies and materials that are precur- (1) for programs referred to in that para- TRANSPORTATION OF NUCLEAR WEAPONS.— sors of weapons of mass destruction. graph is in addition to any other amounts Section 1201(b)(1) of the National Defense (b) FUNDING.—(1)(A) There is authorized to authorized to be appropriated under section Authorization Act for Fiscal Year 1996 (Pub- be appropriated for the Department of De- 301 for such programs. lic Law 104–106; 110 Stat. 469; 22 U.S.C. 5955 fense for fiscal year 1997, $10,000,000 for re- Subtitle C—Control and Disposition of Weap- note) is amended by inserting ‘‘, fissile mate- search and development carried out by the ons of Mass Destruction and Related Mate- rial suitable for use in nuclear weapons,’’ Secretary of Defense pursuant to subsection rials Threatening the United States after ‘‘other weapons’’. (a). SEC. 1331. PROTECTION AND CONTROL OF MATE- SEC. 1333. ELIMINATION OF PLUTONIUM PRO- (B) The amount authorized to be appro- RIALS CONSTITUTING A THREAT TO DUCTION. priated for research and development under THE UNITED STATES. (a) REPLACEMENT PROGRAM.—The Sec- subparagraph (A) is in addition any other (a) DEPARTMENT OF ENERGY PROGRAM.— retary of Defense, in consultation with the amounts that are authorized to be appro- Subject to subsection (c)(1), the Secretary of Secretary of Energy, shall develop a coopera- priated under this Act for such research and Energy may, under materials protection, tive program with the Government of Russia development, including funds authorized to control, and accounting assistance of the De- to eliminate the production of weapons grade be appropriated for research and develop- partment of Energy, provide assistance for plutonium by modifying or replacing the re- ment relating to nonproliferation of weapons securing from theft or other unauthorized actor cores at Tomsk–7 and Krasnoyarsk–26 of mass destruction. disposition nuclear materials that are not so with reactor cores that are less suitable for (2)(A) Of the total amount authorized to be secured and are located at any site within the production of weapons-grade plutonium. appropriated under title XXXI, $19,000,000 is the former Soviet Union where effective con- (b) PROGRAM REQUIREMENTS.—(1) The pro- available for research and development car- trols for securing such materials are not in gram shall be designed to achieve comple- ried out by the Secretary of Energy pursuant place. tion of the modifications or replacements of to subsection (a). (b) DEPARTMENT OF DEFENSE PROGRAM.— the reactor cores within three years after (B) The amount available under subpara- Subject to subsection (c)(2), the Secretary of the modification or replacement activities graph (B) is in addition to any other amount Defense may provide materials protection, under the program are begun. authorized to be appropriated under title control, and accounting assistance under the (2) The plan for the program shall— XXXI for such research and development. Cooperative Threat Reduction Programs of (A) specify— SEC. 1323. INTERNATIONAL EMERGENCY ECO- the Department of Defense for securing from (i) successive steps for the modification or NOMIC POWERS ACT. theft or other unauthorized disposition, or replacement of the reactor cores; and Section 203 of the International Emergency for destroying, nuclear, radiological, biologi- (ii) clearly defined milestones to be Economic Powers Act (50 U.S.C. 1702) is cal, or chemical weapons (or related mate- achieved; and amended— rials) that are not so secure and are located (B) include estimates of the costs of the (1) in subsection (a)(1)(B), by striking out at any site within the former Soviet Union program. ‘‘importation or exportation of,’’ and insert- where effective controls for securing such (c) SUBMISSION OF PROGRAM PLAN TO CON- ing in lieu thereof ‘‘importation, expor- weapons are not in place. GRESS.—Not later than 180 days after the tation, or attempted importation or expor- (c) FUNDING.—(1)(A) Of the total amount date of the enactment of this Act, the Sec- tation of,’’; and authorized to be appropriated under title retary of Defense shall submit to Congress— (2) in subsection (b)(3), by striking out XXXI, $15,000,000 is available for materials (1) a plan for the program under subsection ‘‘importation from any country, or the ex- protection, control, and accounting assist- (a); portation’’ and inserting in lieu thereof ‘‘im- ance of the Department of Energy for provid- (2) an estimate of the United States fund- portation or attempted importation from ing assistance under subsection (a). ing that is necessary for carrying out the ac- any country, or the exportation or at- (B) The amount available under subpara- tivities under the program for each fiscal tempted exportation’’. graph (A) is in addition to any other funds year covered by the program; and SEC. 1324. CRIMINAL PENALTIES. that are authorized to be appropriated under (3) a comparison of the benefits of the pro- title XXXI for materials protection, control, It is the sense of Congress that— gram with the benefits of other nonprolifera- and accounting assistance of the Department (1) the sentencing guidelines prescribed by tion programs. of Energy. UNDING FOR NITIAL HASE the United States Sentencing Commission (d) F I P .—(1) Of the (2)(A) Of the total amount authorized to be for the offenses of importation, attempted total amount authorized to be appropriated appropriated under section 301, $10,000,000 is importation, exportation, and attempted ex- by section 301 other than for Cooperative available for the Cooperative Threat Reduc- portation of nuclear, biological, and chemi- Threat Reduction programs, $16,000,000 is tion Programs of the Department of Defense cal weapons materials constitute inadequate available for the initial phase of the program for providing materials protection, control, punishment for such offenses; and under subsection (a). and accounting assistance under subsection (2) The amount available for the initial (2) Congress urges the United States Sen- (b). phase of the reactor modification or replace- tencing Commission to revise the relevant (B) The amount available under subpara- ment program under paragraph (1) is in addi- sentencing guidelines to provide for in- graph (A) is in addition to any other funds tion to amounts authorized to be appro- creased penalties for offenses relating to im- that are authorized to be appropriated by priated for Cooperative Threat Reduction portation, attempted importation, expor- section 301 for materials protection, control, programs under section 301(20). tation, and attempted exportation of nu- and accounting assistance of the Department clear, biological, or chemical weapons or re- SEC. 1334. INDUSTRIAL PARTNERSHIP PRO- of Defense. GRAMS TO DEMILITARIZE WEAPONS lated materials or technologies under— SEC. 1332. VERIFICATION OF DISMANTLEMENT OF MASS DESTRUCTION PRODUC- (A) section 11 of the Export Administration AND CONVERSION OF WEAPONS AND TION FACILITIES. Act of 1979 (50 U.S.C. App. 2410); MATERIALS. (a) DEPARTMENT OF ENERGY PROGRAM.— (B) sections 38 and 40 the Arms Export Con- (a) FUNDING FOR COOPERATIVE ACTIVITIES The Secretary of Energy shall expand the In- trol Act (22 U.S.C. 2778 and 2780); FOR DEVELOPMENT OF TECHNOLOGIES.—Of the dustrial Partnership Program of the Depart- (C) the International Emergency Economic total amount authorized to be appropriated ment of Energy to include coverage of all of Powers Act (50 U.S.C. 1701 et seq.); and under title XXXI, $10,000,000 is available for the independent states of the former Soviet (D) section 309(c) of the Nuclear Non-Pro- continuing and expediting cooperative ac- Union. liferation Act of 1978 (22 U.S.C. 2156a(c). tivities with the Government of Russia to (b) DEPARTMENT OF DEFENSE PROGRAM.— SEC. 1325. INTERNATIONAL BORDER SECURITY. develop and deploy— The Secretary of Defense shall establish a (a) SECRETARY OF DEFENSE RESPONSIBIL- (1) technologies for improving verification program to support the dismantlement or ITY.—The Secretary of Defense, in consulta- of nuclear warhead dismantlement; conversion of the biological and chemical tion and cooperation with the Commissioner (2) technologies for converting plutonium weapons facilities in the independent states of Customs, shall carry out programs for as- from weapons into forms that— of the former Soviet Union to uses for non- sisting customs officials and border guard of- (A) are better suited for long-term storage defense purposes. The Secretary may carry ficials in the independent states of the than are the forms from which converted; out such program in conjunction with, or June 26, 1996 CONGRESSIONAL RECORD — SENATE S7047

separately from, the organization designated (b) RELATIONSHIP TO OTHER FUNDING AU- section 201, ø$2,000,000¿ is available for carry- as the Defense Enterprise Fund (formerly THORITY.—The amount available for expand- ing out research referred to in subsection designated as the ‘‘Demilitarization Enter- ing military-to-military programs under (b)(3). Such amount is in addition to any prise Fund’’ under section 1204 of the Na- subsection (a) is in addition to the amount other amounts authorized to be appropriated tional Defense Authorization Act for Fiscal authorized to be appropriated for Coopera- under section 201 for such purpose. Year 1994 (Public Law 103–160; 22 U.S.C. tive Threat Reduction programs under sec- SEC. 1342. NATIONAL SECURITY COUNCIL COM- 5953)). tion 301. MITTEE ON NONPROLIFERATION. (c) FUNDING FOR DEPARTMENT OF DEFENSE SEC. 1338. TRANSFER AUTHORITY. (a) ESTABLISHMENT.—The Committee on PROGRAM.—(1)(A) Of the total amount au- (a) SECRETARY OF DEFENSE.—(1) To the ex- Nonproliferation (in this section referred to thorized to be appropriated under section tent provided in appropriations Acts, the as the ‘‘Committee’’) is established as a com- 301, $15,000,000 is available for the program Secretary of Defense may transfer amounts mittee of the National Security Council. under subsection (b). appropriated pursuant to this subtitle for (b) MEMBERSHIP.—(1) The Committee shall (B) The amount available under subpara- the Department of Defense for programs and be composed of the following: graph (A) for the industrial partnership pro- authorities under this subtitle to appropria- (A) The Secretary of State. gram of the Department of Defense estab- tions available for programs authorized (B) The Secretary of Defense. lished pursuant to subsection (b) is in addi- under subtitle A. (C) The Director of Central Intelligence. tion to the amount authorized to be appro- (2) Amounts so transferred shall be merged (D) The Attorney General. priated for Cooperative Threat Reduction with the appropriations to which transferred (E) The Secretary of Energy. programs under section 301. and shall be available for the programs for (F) The Administrator of the Federal (2) It is the sense of Congress that the Sec- which the amounts are transferred. retary of Defense should transfer to the De- Emergency Management Agency. (3) The transfer authority under paragraph (G) The Secretary of the Treasury. fense Enterprise Fund, $20,000,000 out of the (1) is in addition to any other transfer au- funds appropriated for Cooperative Threat (H) The Secretary of Commerce. thority provided by this Act. (I) Such other members as the President Reduction programs for fiscal years before (b) SECRETARY OF ENERGY.—(1) To the ex- may designate. fiscal year 1997 that remain available for ob- tent provided in appropriations Acts, the (2) The National Coordinator for Non- ligation. Secretary of Energy may transfer amounts proliferation Matters shall chair the Com- SEC. 1335. LAB-TO-LAB PROGRAM TO IMPROVE appropriated pursuant to this subtitle for mittee on Nonproliferation. THE SAFETY AND SECURITY OF NU- the Department of Energy for programs and (c) RESPONSIBILITIES.—The Committee has CLEAR MATERIALS. authorities under this subtitle to appropria- the following responsibilities: (a) PROGRAM EXPANSION AUTHORIZED.—The tions available for programs authorized Secretary of Energy is authorized to expand (1) To review and coordinate Federal pro- under subtitle A. the Lab-to-Lab program of the Department (2) Amounts so transferred shall be merged grams, policies, and directives relating to of Energy to improve the safety and security with the appropriations to which transferred the proliferation of weapons of mass destruc- of nuclear materials in the independent and shall be available for the programs for tion and related materials and technologies, states of the former Soviet Union where the which the amounts are transferred. including matters relating to terrorism and Lab-to-Lab program is not being carried out (3) The transfer authority under paragraph international organized crime. on the date of the enactment of this Act. (1) is in addition to any other transfer au- (2) To make recommendations to the Presi- (b) FUNDING.—(1) Of the total amount au- thority provided by this Act. dent regarding the following: thorized to be appropriated under title (A) Integrated national policies for coun- Subtitle D—Coordination of Policy and Coun- XXXI, $20,000,000 is available for expanding tering the threats posed by weapons of mass termeasures Against Proliferation of Weap- the Lab-to-Lab program as authorized under destruction. ons of Mass Destruction subsection (a). (B) Options for integrating Federal agency (2) The amount available under paragraph SEC. 1341. NATIONAL COORDINATOR ON NON- budgets for countering such threats. (1) is in addition to any other amount other- PROLIFERATION. (C) Means to ensure that the Federal, (a) DESIGNATION OF POSITION.—The Presi- wise available for the Lab-to-Lab program. State, and local governments have adequate dent shall designate an individual to serve in SEC. 1336. COOPERATIVE ACTIVITIES ON SECU- capabilities to manage crises involving nu- the Executive Office of the President as the RITY OF HIGHLY ENRICHED URA- clear, radiological, biological, or chemical National Coordinator for Nonproliferation NIUM USED FOR PROPULSION OF weapons or related materials or tech- RUSSIAN SHIPS. Matters. nologies, and to manage the consequences of (a) RESPONSIBLE UNITED STATES OFFI- (b) DUTIES.—The Coordinator shall have a use of such a weapon or related materials CIAL.—The Secretary of Energy shall be re- the following responsibilities: or technologies, and that use of those capa- sponsible for carrying out United States co- (1) To be the principal adviser to the Presi- bilities is coordinated. operative activities with the Government of dent on nonproliferation of weapons of mass (D) Means to ensure appropriate coopera- the Russian Federation on improving the se- destruction, including issues related to ter- tion on, and coordination of, the following: curity of highly enriched uranium that is rorism, arms control, and international or- (i) Preventing the smuggling of weapons of used for propulsion of Russian military and ganized crime. mass destruction and related materials and civilian ships. (2) To chair the Committee on Non- technologies. (b) PLAN REQUIRED.—(1) The Secretary proliferation established under section 1342. shall develop and periodically update a plan (3) To take such actions as are necessary (ii) Promoting domestic and international for the cooperative activities referred to in to ensure that there is appropriate emphasis law enforcement efforts against prolifera- subsection (a). in, cooperation on, and coordination of, non- tion-related efforts. (2) The Secretary shall coordinate the de- proliferation research efforts of the United (iii) Countering the involvement of orga- velopment and updating of the plan with the States, including activities of Federal agen- nized crime groups in proliferation-related Secretary of Defense. The Secretary of De- cies as well as activities of contractors fund- activities. fense shall involve the Joint Chiefs of Staff ed by the Federal Government. (iv) Safeguarding weapons of mass destruc- in the coordination. (c) RELATIONSHIP TO CERTAIN SENIOR DIREC- tion materials and related technologies. (c) FUNDING.—(1) Of the total amount au- TORS OF NATIONAL SECURITY COUNCIL.—(1) (v) Improving coordination and coopera- thorized to be appropriated by title XXXI, The senior directors of the National Security tion among intelligence activities, law en- $6,000,000 is available for materials protec- Council report to the Coordinator regarding forcement, and the Departments of Defense, tion, control, and accounting program of the the following matters: State, Commerce, and Energy in support of Department of Energy for the cooperative (A) Nonproliferation of weapons of mass nonproliferation and counterproliferation ef- activities referred to in subsection (a). destruction and related issues. forts. (2) The amount available for the Depart- (B) Management of crises involving use or (vi) Ensuring the continuation of effective ment of Energy for materials protection, threatened use of weapons of mass destruc- export controls over materials and tech- control, and accounting program under para- tion, and on management of the con- nologies that can contribute to the acquisi- graph (1) is in addition to other amounts au- sequences of the use or threatened use of tion of weapons of mass destruction. thorized to be appropriated by title XXXI for such a weapon. (vii) Reducing proliferation of weapons of such program. (C) Terrorism, arms control, and organized mass destruction and related materials and SEC. 1337. MILITARY-TO-MILITARY RELATIONS. crime issues that relate to the threat of pro- technologies. (a) FUNDING.—Of the total amount author- liferation of weapons of mass destruction. SEC. 1343. COMPREHENSIVE PREPAREDNESS ized to be appropriated under section 301, (2) Nothing in paragraph (1) shall be con- PROGRAM. $2,000,000 is available for expanding military- strued to affect the reporting relationship (a) PROGRAM REQUIRED.—The President, to-military programs of the United States between a senior director and the Assistant acting through the Committee on Non- that focus on countering the threats of pro- to the President for National Security Af- proliferation established under section 1342, liferation of weapons of mass destruction so fairs or any other supervisor regarding mat- shall develop a comprehensive program for as to include the security forces of independ- ters other than matters described in para- carrying out this title. ent states of the former Soviet Union, par- graph (1). (b) CONTENT OF PROGRAM.—The program ticularly states in the Caucasus region and (d) ALLOCATION OF FUNDS.—Of the total set forth in the report shall include specific Central Asia. amount authorized to be appropriated under plans as follows: S7048 CONGRESSIONAL RECORD — SENATE June 26, 1996 (1) Plans for countering proliferation of title, should (to the extent possible under weapons-grade nuclear materials from a weapons of mass destruction and related ma- law) contract directly with suppliers in inde- stockpile of such materials if such officials terials and technologies. pendent states of the former Soviet Union to determine that— (2) Plans for training and equipping Fed- facilitate the purchase of goods and services (A) there is a significant risk of theft of eral, State, and local officials for managing necessary to carry out effectively the pro- such materials; and a crisis involving a use or threatened use of grams and authorities provided or referred to (B) there is no reasonable and economi- a weapon of mass destruction, including the in subtitle C; and cally feasible alternative for securing such consequences of the use of such a weapon. (2) to do so should seek means, consistent materials; and (3) Plans for providing for regular sharing with law, to utilize innovative contracting (2) if it is necessary to do so in order to se- of information among intelligence, law en- approaches to avoid delay and increase the cure the materials, the materials should be forcement, and customs agencies. effectiveness of such programs and of the ex- imported into the United States, subject to (4) Plans for training and equipping law en- ercise of such authorities. the laws and regulations that are applicable forcement units, customs services, and bor- SEC. 1352. TRANSFERS OF ALLOCATIONS AMONG to the importation of such materials into the der security personnel to counter the smug- COOPERATIVE THREAT REDUCTION United States. gling of weapons of mass destruction and re- PROGRAMS. SEC. 1356. REDUCTIONS IN AUTHORIZATION OF lated materials and technologies. (a) FINDINGS.—Congress makes the follow- APPROPRIATIONS. (5) Plans for establishing appropriate cen- ing findings: (a) NAVY RDT&E.—(1) The total amount ters for analyzing seized nuclear, radiologi- (1) The various Cooperative Threat Reduc- authorized to be appropriated under section cal, biological, and chemical weapons, and tion programs are being carried out at dif- 201(2) is reduced by $150,000,000. related materials and technologies. ferent rates in the various countries covered (2) The reduction in paragraph (1) shall be (6) Plans for establishing in the United by such programs. applied to reduce by $150,000,000 the amount States appropriate legal controls and au- (2) It is necessary to authorize transfers of authorized to be appropriated under section thorities relating to the exporting of nu- funding allocations among the various pro- 201(2) for the Distributed Surveillance Sys- clear, radiological, biological, and chemical grams in order to maximize the effectiveness tem. weapons, and related materials and tech- of United States efforts under such pro- (b) OPERATIONS AND MAINTENANCE, DE- nologies. grams. FENSE-WIDE.—The total amount authorized (7) Plans for encouraging and assisting (b) TRANSFERS AUTHORIZED.—Funds appro- to be appropriated under section 301(5) is re- governments of foreign countries to imple- priated for the purposes set forth in sub- duced by $85,000,000. ment and enforce laws that set forth appro- section (a) of section 1202 of the National De- priate penalties for offenses regarding the fense Authorization Act for Fiscal Year 1996 smuggling of weapons of mass destruction (Public Law 104–106; 110 Stat. 409) may be PRESSLER (AND DASCHLE) and related materials and technologies. used for any such purpose without regard to AMENDMENT NO. 4350 (8) Plans for building the confidence of the the allocation set forth in that section and Mr. WARNER (for Mr. PRESSLER, for United States and Russia in each other’s without regard to subsection (b) of such sec- himself and Mr. DASCHLE) proposed an controls over United States and Russian nu- tion. amendment to the bill, S. 1745, supra; clear weapons and fissile materials, includ- SEC. 1353. ADDITIONAL CERTIFICATIONS. as follows: ing plans for verifying the dismantlement of (a) SENSE OF CONGRESS.—It is the sense of nuclear weapons. Congress that— On page 316, between lines 9 and 10, insert (9) Plans for reducing United States and (1) the Cooperative Threat Reduction pro- the following: Russian stockpiles of excess plutonium, re- grams and other United States programs SEC. 1072. SENSE OF CONGRESS ON NAMING ONE flecting— that are derived from programs established OF THE NEW ATTACK SUBMARINE (A) consideration of the desirability and under the Former Soviet Union Demili- THE ‘‘SOUTH DAKOTA’’. feasibility of a United States-Russian agree- tarization Act of 1992 (title XIV of Public It is the sense of the Congress that the ment governing fissile material disposition Law 102–484; 22 U.S.C. 2901 et seq.) should be Secretary of the Navy should name one of and the specific technologies and approaches expanded by offering assistance under those the new attack submarines of the Navy the to be used for disposition of excess pluto- programs to other independent states of the ‘‘South Dakota’’. nium; and former Soviet Union in addition to Russia, (B) an assessment of the options for United Ukraine, Kazakstan, and Belarus; and WARNER AMENDMENT NO. 4351 States cooperation with Russia in the dis- (2) the President should offer assistance to position of Russian plutonium. additional independent states of the former Mr. WARNER proposed an amend- (10) Plans for studying the merits and costs Soviet Union in each case in which the par- ment to the bill, S. 1745, supra; as fol- of establishing a global network of means for ticipation of such states would benefit na- lows: detecting and responding to terroristic or tional security interests of the United States At the end of subtitle B of title I, add the other criminal use of biological agents by improving border controls and safeguards following: against people or other forms of life in the over materials and technology associated United States or any foreign country. SEC. 113. PERMANENT AUTHORITY TO CARRY with weapons of mass destruction. OUT ARMS INITIATIVE. (c) REPORT.—(1) At the same time that the (b) EXTENSION OF COVERAGE.—Assistance Section 193(a) of the Armament Retooling President submits the budget for fiscal year under programs referred to in subsection (a) 1998 to Congress pursuant to section 1105(a) and Manufacturing Support Initiative Act of may, notwithstanding any other provision of 1992 (subtitle H of title I of Public Law 102– of title 31, United States Code, the President law, be extended to include an independent shall submit to Congress a report that sets 484; 10 U.S.C. 2501 note) is amended by strik- state of the former Soviet Union if the Presi- ing out ‘‘During fiscal years 1993 through forth the comprehensive program developed dent certifies to Congress that it is in the under subsection (a). 1996,’’ and inserting in lieu thereof ‘‘during national interests of the United States to ex- fiscal years 1993 through 1998’’. (2) The report shall include the following: tend the assistance to that state. (A) The specific plans for the program that are required under subsection (b). SEC. 1354. PURCHASE OF LOW-ENRICHED URA- NIUM DERIVED FROM RUSSIAN JOHNSTON (AND BREAUX) (B) Estimates of the funds necessary for HIGHLY ENRICHED URANIUM. AMENDMENT NO. 4352 carrying out such plans in fiscal year 1998. (a) SENSE OF CONGRESS.—It is the sense of (3) The report shall be in an unclassified Mr. NUNN (for Mr. JOHNSTON, for Congress that the allies of the United States form. If there is a classified version of the re- himself and Mr. BREAUX) proposed an and other nations should participate in ef- port, the President shall submit the classi- forts to ensure that stockpiles of weapons- amendment to the bill, S. 1745, supra; fied version at the same time. grade nuclear material are reduced. as follows: SEC. 1344. TERMINATION. (b) ACTIONS BY THE SECRETARY OF STATE.— At the end of subtitle C of title XXVIII, After September 30, 1999, the President— Congress urges the Secretary of State to en- add the following: (1) is not required to maintain a National courage, in consultation with the Secretary Coordinator for Nonproliferation Matters SEC. 2828. LAND TRANSFER, VERNON RANGER of Energy, other countries to purchase low- DISTRICT, KISATCHIE NATIONAL under section 1341; and enriched uranium that is derived from highly FOREST, LOUISIANA. (2) may terminate the Committee on Non- enriched uranium extracted from Russian (a) TRANSFER PURSUANT TO ADMINISTRA- proliferation established under section 1342. nuclear weapons. TIVE AGREEMENT.—(1) Not later than six Subtitle E—Miscellaneous SEC. 1355. PURCHASE, PACKAGING, AND TRANS- months after the date of the enactment of SEC. 1351. CONTRACTING POLICY. PORTATION OF FISSILE MATERIALS this Act, the Secretary of the Army and the It is the sense of Congress that the Sec- AT RISK OF THEFT. Secretary of Agriculture shall enter into an retary of Defense, the Secretary of Energy, It is the sense of Congress that— agreement providing for the transfer to the the Secretary of the Treasury, and the Sec- (1) the Secretary of Defense, the Secretary Secretary of the Army of administrative ju- retary of State— of Energy, the Secretary of the Treasury, risdiction over such portion of land cur- (1) in the administration of funds available and the Secretary of State should purchase, rently owned by the United States within to such officials in accordance with this package, and transport to secure locations the Vernon Ranger District of the Kisatchie June 26, 1996 CONGRESSIONAL RECORD — SENATE S7049 National Forest, Louisiana, as the Secretary (D) The appropriate office in the Vernon amendment to the bill, S. 1745, supra; of the Army and the Secretary of Agri- Parish Court House, Louisiana. as follows: culture jointly determine appropriate for (f) MANAGEMENT OF PROPERTY.—(1) If the military training activities in connection transfer of property under this section oc- At the end of title XXVIII, add the follow- with Fort Polk, Louisiana. The agreement curs under subsection (a), the Secretary of ing: shall allocate responsibility for land man- the Army and the Secretary of Agriculture SEC. 2828. LAND CONVEYANCE, AIR FORCE PLANT agement and conservation activities with re- shall manage the property in accordance NO. 85, COLUMBUS, OHIO. spect to the property transferred between with the agreement entered into under that the Secretary of the Army and the Secretary subsection. (a) CONVEYANCE AUTHORIZED.—(1) Notwith- of Agriculture. (2)(A) If the transfer of property under this standing any other provision of law, the Sec- (2) The Secretary of the Army and the Sec- section occurs under subsection (b), the Sec- retary of the Air Force may instruct the Ad- retary of Agriculture may jointly extend the retary of the Army and the Secretary of Ag- ministrator of General Services to convey, deadline for entering into an agreement riculture shall manage the property in ac- without consideration, to the Columbus Mu- under paragraph (1). The deadline may be ex- cordance with the management plan under nicipal Airport Authority (in this section re- tended by not more than six months. subparagraph (B) and the memorandum of ferred to as the ‘‘Authority’’) all right, title, (b) ALTERNATIVE TRANSFER REQUIRE- understanding under subparagraph (C). and interest of the United States in and to a MENT.—If the Secretary of the Army and the (B)(i) For purposes of managing the prop- parcel of real property, together with im- Secretary of Agriculture fail to enter into erty under this paragraph, the Secretary of provements thereon, at Air Force Plant No. the agreement referred to paragraph (1) of the Army shall, with the concurrence of the 85, Columbus, Ohio, consisting of approxi- subsection (a) within the time provided for Secretary of Agriculture, develop a plan for mately 240 acres that contains the land and in that subsection, the Secretary of Agri- the management of the property not later buildings referred to as the ‘‘airport parcel’’ culture shall, at the end of such time, trans- than two years after the transfer of the prop- in the correspondence from the General fer to the Secretary of the Army administra- erty. The Secretary of the Army shall pro- Services Administration to the Authority tive jurisdiction over property consisting of vide for a period of public comment in devel- dated April 30, 1996, and is located adjacent approximately 84,825 acres of land currently oping the plan in order to ensure that the to the Port Columbus International Airport. owned by the United States and located in concerns of local citizens are taken into ac- the Vernon Ranger District of the Kisatchie (2) If the Secretary does not have adminis- count in the development of the plan. The National Forest, Louisiana, as generally de- trative jurisdiction over the parcel on the picted on the map entitled ‘‘Fort Polk Mili- Secretary of the Army may utilize the prop- date of the enactment of this Act, the con- tary Installation map’’, dated June 1995. erty pending the completion of the plan. veyance shall be made by the Federal official (ii) The Secretary of the Army shall de- (c) LIMITATION ON ACQUISITION OF PRIVATE who has administrative jurisdiction over the velop and implement the plan in compliance PROPERTY.—The Secretary of the Army may parcel as of that date. acquire privately-owned land within the with applicable Federal law, including the (b) REQUIREMENT FOR FEDERAL SCREEN- property transferred under this section only provisions of the National Environmental ING.—The Federal official may not carry out with the consent of the owner of the land. Policy Act of 1969 (42 U.S.C. 4321 et seq.). the conveyance of property authorized in (d) USE OF PROPERTY.—(1) Subject to para- (iii) The plan shall provide for the manage- graph (2), the Secretary of the Army shall ment of the natural, cultural, and other re- subsection (a) unless the Federal official de- use the property transferred under this sec- sources of the property, including grazing, termines, in consultation with the Adminis- tion for military maneuvers, training and the management of wildlife and wildlife trator of General Services, that no depart- weapons firing, and other military activities habitat, recreational uses (including hunting ment or agency of the Federal Government in connection with Fort Polk, Louisiana. and fishing), and non-public uses of non-Fed- will accept the transfer of the property. (2) The Secretary may not permit the fir- eral lands within the property. (c) CONDITION OF CONVEYANCE.—The con- ing of live ammunition on or over any por- (C)(i) For purposes of managing the prop- veyance required under subsection (a) shall tion of the property unless the firing of such erty under this paragraph, the Secretary of be subject to the condition that the Author- ammunition on or over such portion is per- the Army and the Secretary of Agriculture ity use the conveyed property for public air- mitted as of the date of the enactment of shall enter into a memorandum of under- port purposes. this Act. standing in order to provide for— (d) REVERSION.—If the Federal official (e) MAP AND LEGAL DESCRIPTION.—(1) As (I) the implementation of the management soon as practicable after the date of the plan developed under subparagraph (B); and making the conveyance under subsection (a) transfer of property under this section, the (II) the management by the Secretary of determines that any portion of the conveyed Secretary of Agriculture shall— Agriculture of such areas of the property as property is not being utilized in accordance (A) publish in the Federal Register a notice the Secretary of the Army and the Secretary with subsection (c), all right, title, and inter- containing the legal description of the prop- of Agriculture designate for use for non-mili- est in and to such portion shall revert to the erty transferred; and tary purposes. United States and the United States shall (B) file a map and the legal description of (ii) The Secretary of the Army and the have immediate right of entry thereon. the property with the Committee on Energy Secretary of Agriculture may amend the (e) DESCRIPTION OF PROPERTY.—The exact and Natural Resources, the Committee on memorandum of understanding by mutual acreage and legal description of the real Agriculture, Nutrition, and Forestry, and agreement. property to be conveyed under subsection (a) the Committee on Armed Services of the (g) REVERSION.—If at any time after the shall be determined by a survey satisfactory Senate and the Committee on Resources, the transfer of property under this section the to the Federal official making the convey- Committee on Agriculture, and the Commit- Secretary of the Army determines that the ance. The cost of the survey shall be borne tee on National Security of the House of property, or any portion thereof, is no longer by the Authority. to be retained by the Army for possible use Representatives. (f) ADDITIONAL TERMS AND CONDITIONS.— for military purposes, jurisdiction over the (2) The maps and legal descriptions pre- The Federal official making the conveyance property, or such portion thereof, shall re- pared under paragraph (1) shall have the of property under subsection (a) may require vert to the Secretary of Agriculture who same force and effect as if included in this such additional terms and conditions in con- subsection, except that the Secretary of Ag- shall manage the property, or portion there- nection with the conveyance as such official riculture may correct clerical and typo- of, as part of the Kisatchie National Forest. considers appropriate to protect the inter- graphical errors in the maps and legal de- (h) IDENTIFICATION OF LAND FOR TRANSFER ests of the United States. scriptions. TO FOREST SERVICE.—The Secretary of De- (3) As soon as practicable after the date of fense shall seek to identify land equal in the enactment of this Act, copies of the acreage to the land transferred under this maps and legal descriptions prepared under section and under the jurisdiction of the De- FORD AMENDMENT NO. 4354 paragraph (1) shall be available for public in- partment of Defense that is suitable for spection in the following offices: transfer to the Secretary of Agriculture for Mr. NUNN (for Mr. FORD) proposed an (A) The Office of the Secretary of Agri- use by the Forest Service. amendment to the bill, S. 1745, supra; culture. as follows: (B) Such offices of the United States For- DEWINE (AND GLENN) est Service as the Secretary of Agriculture AMENDMENT NO. 4353 In the table in section 2101(a), strike out shall designate. the item relating to Fort Campbell, Ken- (C) The Office of the Commander of Fort Mr. WARNER (for Mr. DEWINE, for tucky, and insert in lieu thereof the follow- Polk, Louisiana. himself and Mr. GLENN) proposed an ing:

Kentucky ...... Fort Campbell ...... $67,600,000

Strike out the amount set forth as the tion 2101(a), and insert in lieu thereof In section 2104(a), in the matter preceding total amount at the end of the table in sec- ‘‘$363,050,000’’. paragraph (1), strike out ‘‘$1,894,297,000’’ and insert in lieu thereof ‘‘$1,900,897,000’’. S7050 CONGRESSIONAL RECORD — SENATE June 26, 1996 In section 2104(a)(1), strike out (3) The transfer of lands under paragraph cer Training Corps units identified in the In- ‘‘$356,450,000’’ and insert in lieu thereof (1) shall be carried out in accordance with formation for Members of Congress concern- ‘‘$363,050,000’’. the Interagency Agreement Between the De- ing Senior Reserve Officer Training Corps In section 2502, strike out ‘‘$197,000,000’’ partment of the Interior, the National Park (ROTC) Unit Closures dated May 20, 1996, and insert in lieu thereof ‘‘$172,000,000’’. Service, and the Department of the Army, until 180 days after the date on which the In section 2601(1)(A), strike out Dated February 22, 1995. Secretary submits to the congressional de- ‘‘$79,628,000’’ and insert in lieu thereof (4) The exact acreage and legal descrip- fense committees the report described in ‘‘$90,428,000’’. tions of the lands to be transferred under subsection (b). paragraph (1) shall be determined by surveys (b) REPORT.—The report referred to in sub- MCCAIN AMENDMENT NO. 4355 satisfactory to the Secretary of the Interior section (a) shall— and the Secretary of the Army. (1) describe the selection process used to Mr. WARNER (for Mr. MCCAIN) pro- identify the Reserve Officer Training Corps posed an amendment to amendment LIEBERMAN (AND NUNN) units of the Army to be terminated; No. 4354 proposed by Mr. FORD to the (2) list the criteria used by the Army to se- AMENDMENT NO. 4357 bill, S. 1745, supra; as follows: lect Reserve Officer Training Corps units for At the end of the amendment, add the fol- Mr. NUNN (for Mr. Lieberman, for termination; lowing: himself and Mr. NUNN) proposed an (3) set forth the specific ranking of each At the end of title XXVII, add the follow- amendment to the bill, S. 1745, supra; unit of the Reserve Officer Training Corps of ing: as follows: the Army to be terminated as against all SEC. 2706. PROHIBITION ON USE OF FUNDS FOR other such units; At the end of subtitle C of title II add the (4) set forth the authorized and actual CERTAIN PROJECTS. following: (a) PROHIBITION.—Notwithstanding any cadre staffing of each such unit to be termi- SEC. 237. CORPS SAM/MEADS PROGRAM. other provision of this Act, no funds author- nation for each fiscal year of the 10-fiscal (a) FUNDING.—Of the amount authorized to ized to be appropriated by this Act may be year period ending with fiscal year 1996; be appropriated under section 201(4)— obligated or expended for the military con- (5) set forth the production goals and per- (1) $56,200,000 is available for the Corps sur- struction project listed under subsection (b) formance evaluations of each Reserve Officer face-to-air missile (SAM)/Medium Extended until the Secretary of Defense certifies to Training Corps unit of the Army on the clo- Air Defense System (MEADS) program Congress that the project is included in the sure list for each fiscal year of the 10-fiscal (PE63869C); and current future-years defense program. year period ending with fiscal year 1996; (2) $515,711,000 is available for Other Thea- (b) COVERED PROJECT.—Subsection (a) ap- (6) describe how cadets currently enrolled ter Missile Defense programs, projects, and plies to the following military construction in the units referred to in paragraph (5) will activities (PE63872C). project: be accommodated after the closure of such (b) INTERNATIONAL COOPERATION.—The Sec- (1) Phase II Construction, Consolidated units; retary of Defense may carry out the program Education Center, Ft. Campbell, KY (7) describe the incentives to enhance the (2) Phase III, Construction, Western Ken- referred to in subsection (a) in accordance Reserve Officer Training Corps program that tucky Training Site. with the memorandum of understanding en- are provided by each of the colleges on the tered into on May 25, 1996 by the govern- closure list; and ments of the United States, Germany, and ROBB (AND WARNER) AMENDMENT (8) include the projected officer accession Italy regarding international cooperation on plan by source of commission for the active- NO. 4356 such program (including any amendments to duty Army, the Army Reserve, and the Army Mr. NUNN (for Mr. ROBB, for himself the memorandum of understanding). National Guard. (c) LIMITATIONS.—Not more than $15,000,000 and Mr. WARNER) proposed an amend- (9) describe whether the closure of any of the amount available for the Corps SAM/ ment to the bill, S. 1745, supra; as fol- ROTC unit will adversely effect the recruit- MEADS program under subsection (a) may ment of minority officer candidates. lows: be obligated until the Secretary of Defense Strike out subsection (a) of section 2821 submits to the congressional defense com- BYRD AMENDMENT NO. 4359 and insert in lieu thereof the following new mittees the following: subsection (a): (1) An initial program estimate for the Mr. NUNN (for Mr. BYRD) proposed an (a) REQUIREMENT FOR SECRETARY OF INTE- Corps SAM/MEADS program to, including a amendment to the bill, S. 1745, supra; RIOR TO TRANSFER CERTAIN SECTION 29 tentative schedule of major milestones and as follows: ANDS.—(1) Subject to paragraph (2), the L an estimate of the total program cost At the end of subtitle A of title V add the Secretary of the Interior shall transfer to through initial operational capability. following: the Secretary of the Army administrative ju- (2) A report on the options associated with SEC. 506. SERVICE CREDIT FOR SENIOR R.O.T.C. risdiction over the following lands located in the use of existing systems, technologies, CADETS AND MIDSHIPMEN IN SI- section 29 of the National Park System at and program management mechanisms to MULTANEOUS MEMBERSHIP PRO- Arlington National Cemetery, Virginia: satisfy the requirement for the Corps sur- GRAM. (A) The lands known as the Arlington Na- face-to-air missile, including an assessment (a) AMENDMENTS TO TITLE 10.—(1) Section tional Cemetery Interment Zone. of cost and schedule implications in relation 2106(c) of title 10, United States Code, is (B) All lands in the Robert E. Lee Memo- to the program estimate submitted under amended by striking out ‘‘while serving on rial Preservation Zone, other than those paragraph (1). active duty other than for training after lands in the Preservation Zone that the Sec- (3) A certification that there will be no in- July 31, 1990, while a member of the Selected retary of the Interior determines must be re- crease in overall United States funding com- Reserve’’ and inserting in lieu thereof ‘‘per- tained because of the historical significance mitment to the project definition and valida- formed on or after August 1, 1979, as a mem- of such lands or for the maintenance of near- tion phase of the Corps SAM/MEADS pro- ber of the Selected Reserve’’. by lands or facilities. gram as a result of the withdrawal of France (2) Section 2107(g) of such title is amended (2)(A) The Secretary of the Interior may from participation in the program. by striking out ‘‘while serving on active not make the transfer referred to in para- duty other than for training after July 31, graph (1)(B) until 60 days after the date on THURMOND (AND OTHERS) 1990, while a member of the Selected Re- which the Secretary submits to the Commit- AMENDMENT NO. 4358 serve’’ and inserting in lieu thereof ‘‘per- tee on Armed Services of the Senate and the formed on or after August 1, 1979, as a mem- Committee on National Security of the Mr. WARNER (for Mr. THURMOND, for ber of the Selected Reserve’’. House of Representatives— himself, Mr. FORD, Mr. SARBANES, Mr. (3) Section 2107a(g) of such title is amended (i) a summary of the document entitled BREAUX, Mr. DOMENICI, Mr. SANTORUM, by inserting ‘‘, other than enlisted service ‘‘Cultural Landscape and Archaeological performed after August 1, 1979, as a member Mr. HOLLINGS, Mr. WARNER, and Mr. Study, Section 29, Arlington House, The of Selected Reserve’’ after ‘‘service as a Robert E. Lee Memorial’’; JOHNSTON) proposed an amendment to cadet or with concurrent enlisted service’’. (ii) a summary of any environmental anal- the bill, S. 1745, supra; as follows: (b) AMENDMENT TO TITLE 37.—Section 205(d) ysis required with respect to the transfer At the end of subtitle C of title V, add the of title 37, United States Code, is amended by under the National Environmental Policy following: striking out ‘‘that service after July 31, 1990, Act of 1969 (42 U.S.C. 4321 et seq.); and SEC. 523. PROHIBITION ON REORGANIZATION OF that the officer performed while serving on (iii) the proposal of the Secretary and the ARMY ROTC CADET COMMAND OR active duty’’ and inserting in lieu thereof Secretary of the Army setting forth the TERMINATION OF SENIOR ROTC ‘‘for service that the officer performed on or lands to be transferred and the general man- UNITS PENDING REPORT ON ROTC. after August 1, 1979.’’. ner in which the Secretary of the Army will (a) PROHIBITION.—Notwithstanding any (c) BENEFITS NOT TO ACCRUE FOR PRIOR PE- develop such lands after transfer. other provision of law, the Secretary of the RIODS.—No increase in pay or retired or re- (B) The Secretary of the Interior shall sub- Army may not reorganize or restructure the tainer pay shall accrue for periods before the mit the information required under subpara- Reserve Officers Training Corps Cadet Com- date of the enactment of this Act by reason graph (A) not later than October 31, 1997. mand or terminate any Senior Reserve Offi- of the amendments made by this section. June 26, 1996 CONGRESSIONAL RECORD — SENATE S7051 BOXER AMENDMENT NO. 4360 ‘‘Except as provided in paragraph (2) or (3)’’ sight considering the law enforcement and inserting ‘‘Except as provided in para- initiative in the Commonwealth of the Mr. NUNN (for Mrs. BOXER) proposed graphs (2), (3), and (5)’’. an amendment to the bill S. 1745, Northern Mariana Islands; and S. 1889, (c) EFFECTIVE DATE.—The amendments a bill to authorize the exchange of cer- supra; as follows: made by subsections (a) and (b) shall take ef- tain lands conveyed to the Kenai Na- At the end of subtitle E of title III, add the fect on January 1, 1997. following: tives Association pursuant to the Alas- f ka Native Claims Settlement Act, to SEC. 368. REIMBURSEMENT UNDER AGREEMENT FOR INSTRUCTION OF CIVILIAN STU- THE MILITARY CONSTRUCTION make adjustments to the National Wil- DENTS AT FOREIGN LANGUAGE IN- APPROPRIATIONS ACT, 1997 derness System, and for other pur- STITUTE OF THE DEFENSE LAN- poses. GUAGE INSTITUTE. The PRESIDING OFFICER. Without Section 559(a)(1) of the National Defense Authorization Act for Fiscal Year 1995 (Pub- BURNS AMENDMENT NO. 4362 objection, it is so ordered. COMMITTEE ON FINANCE lic Law 103–337; 108 Stat. 2776; 10 U.S.C. 4411 Mr. WARNER (for Mr. BURNS) pro- note) is amended by striking out ‘‘on a cost- posed an amendment to the bill (H.R. Mr. THURMOND. Mr. President, I reimbursable, space-available basis’’ and in- 3517) making appropriations for mili- ask unanimous consent that the Com- serting in lieu thereof ‘‘on a space-available mittee on Finance be permitted to basis and for such reimbursement (whether tary construction, family housing, and base realignment and closure for the meet Wednesday, June 26, 1996 begin- in whole or in part) as the Secretary consid- ning at 10 a.m. in room SH–215, to con- ers appropriate’’. Department of Defense for fiscal year ending September 30, 1997, and for duct a markup on S. 1795. The PRESIDING OFFICER. Without other purposes; as follows: MOSELEY-BRAUN AMENDMENT NO. objection, it is so ordered. 4361 On page 2, line 13, strike out ‘‘$37,323,000’’ and insert in lieu thereof ‘‘$20,723,000’’. COMMITTEE ON FOREIGN RELATIONS Mr. NUNN (for Ms. MOSELEY-BRAUN) On page 3, line 11, strike out ‘‘$53,709,000’’ Mr. THURMOND. Mr. President, I proposed an amendment to the bill, S. and insert in lieu thereof ‘‘$44,809,000’’. ask unanimous consent that the Sub- 1745, supra; as follows: On page 6, line 24, strike out ‘‘September committee on Near Eastern and South At the end of subtitle D of title VI, add the 30, 2001.’’ and insert in lieu thereof ‘‘Septem- Asian Affairs of the Committee on For- following: ber 30, 2001: Provided, That of the amount eign Relations be authorized to meet SEC. 636. PREVENTION OF CIRCUMVENTION OF made available under this heading, $10,800,000 during the session of the Senate on COURT ORDER BY WAIVER OF RE- shall be available for construction, phase III, Wednesday, June 26, 1996, at 2 p.m. to TIRED PAY TO ENHANCE CIVIL at the Western Kentucky Training Site, Ken- SERVICE RETIREMENT ANNUITY. tucky, with the amount made available for hold a hearing. (a) CIVIL SERVICE RETIREMENT AND DISABIL- such construction to be derived from sums The PRESIDING OFFICER. Without ITY SYSTEM.— otherwise available under this heading for objection, it is so ordered. (1) IN GENERAL.—Subsection (c) of section minor construction.’’. COMMITTEE ON FOREIGN RELATIONS 8332 of title 5, United States Code, is amend- f Mr. THURMOND. Mr. President, I ed by adding at the end the following: ask unanimous consent that the Com- ‘‘(4) If an employee or Member waives re- AUTHORITY FOR COMMITTEES TO mittee on Foreign Relations be author- tired pay that is subject to a court order for MEET which there has been effective service on the ized to meet during the session of the Secretary concerned for purposes of section COMMITTEE ON BANKING, HOUSING, AND URBAN Senate on Wednesday, June 26, 1996, at 1408 of title 10, the military service on which AFFAIRS 10:30 a.m. to hold a business meeting to the retired pay is based may be credited as Mr. THURMOND. Mr. President, I vote on pending items. service for purposes of this subchapter only ask unanimous consent that the Com- The PRESIDING OFFICER. Without if, in accordance with regulations prescribed mittee on Banking, Housing, and objection, it is so ordered. by the Director of the Office of Personnel Urban Affairs be authorized to meet COMMITTEE ON GOVERNMENTAL AFFAIRS Management, the employee or Member au- thorizes the Director to deduct and withhold during the session of the Senate on Mr. THURMOND. Mr. President, I from the annuity payable to the employee or Wednesday, June 26, 1996, to conduct a ask unanimous consent on behalf of the Member under this subchapter, and to pay to markup of S. 1317, the Public Utility Governmental Affairs Committee to the former spouse covered by the court Holding Company Act of 1995. meet Wednesday, June 26, 1996, at 9:30 order, the same amount that would have The PRESIDING OFFICER. Without a.m. for a markup. been deducted and withheld from the em- objection, it is so ordered. The PRESIDING OFFICER. Without ployee’s or Member’s retired pay and paid to COMMITTEE ON COMMERCE, SCIENCE, AND objection, it is so ordered. that former spouse under such section 1408.’’. TRANSPORTATION COMMITTEE ON GOVERNMENTAL AFFAIRS (2) CONFORMING AMENDMENT.—Paragraph (1) of such subsection is amended by striking Mr. THURMOND. Mr. President, I Mr. THURMOND. Mr. President, I ‘‘Except as provided in paragraph (2)’’ and in- ask unanimous consent that the Com- ask unanimous consent on behalf of the serting ‘‘Except as provided in paragraphs (2) mittee on Commerce, Science, and Governmental Affairs Committee to and (4)’’. Transportation be allowed to meet dur- meet Wednesday, June 26, 1996, at 10 (b) FEDERAL EMPLOYEES’ RETIREMENT SYS- ing the Wednesday, June 26, 1996, ses- a.m. for a hearing on Senate Resolu- TEM.— sion of the Senate for the purpose of tion 254, sense of the Senate regarding (1) IN GENERAL.—Subsection (c) of section conducting a hearing on S. 1726, the the reopening of Pennsylvania Avenue. 8411 of title 5, United States Code, is amend- The PRESIDING OFFICER. Without ed by adding at the end the following: Promotion of Commerce On-Line in the ‘‘(5) If an employee or Member waives re- Digital Era (Pro-CODE) Act of 1996. objection, it is so ordered. tired pay that is subject to a court order for The PRESIDING OFFICER. Without COMMITTEE ON INDIAN AFFAIRS which there has been effective service on the objection, it is so ordered. Mr. THURMOND. Mr. President, I Secretary concerned for purposes of section COMMITTEE ON ENERGY AND NATURAL ask unanimous consent that the Com- 1408 of title 10, the military service on which RESOURCES mittee on Indian Affairs be authorized the retired pay is based may be credited as Mr. THURMOND. Mr. President, I to meet during the session of the Sen- service for purposes of this chapter only if, ate on Wednesday, June 26, 1996, at 9:30 in accordance with regulations prescribed by ask unanimous consent that the Com- the Director of the Office of Personnel Man- mittee on Energy and Natural Re- a.m. to conduct a hearing on amend- agement, the employee or Member author- sources be granted permission to meet ments to the Indian Child Welfare Act izes the Director to deduct and withhold during the session of the Senate on [ICWA]. The hearing will be held in from the annuity payable to the employee or Wednesday, June 26, 1996, for purposes room 485 of the Russell Senate Office Member under this subchapter, and to pay to of conducting a full committee hearing Building. the former spouse covered by the court which is scheduled to begin at 9:30 a.m. The PRESIDING OFFICER. Without order, the same amount that would have The purpose of this hearing is to con- objection, it is so ordered. been deducted and withheld from the em- ployee’s or Member’s retired pay and paid to sider S. 1804, a bill to make technical COMMITTEE ON LABOR AND HUMAN RESOURCES that former spouse under such section 1408.’’. and other changes to the laws dealing Mr. THURMOND. Mr. President, I (2) CONFORMING AMENDMENT.—Paragraph with the territories and freely associ- ask unanimous consent that the Com- (1) of such subsection is amended by striking ated States of the United States; over- mittee on Labor and Human Resources S7052 CONGRESSIONAL RECORD — SENATE June 26, 1996 be authorized to meet in executive ses- description of the inconsistencies in tent practical, resource values in the area sion during the session of the Senate the proposal put forth by Secretary and on adjacent lands in Yellowstone Na- on Wednesday, June 26, at 9:30 a.m. Babbitt. tional Park and the Absaroka-Beartooth The PRESIDING OFFICER. Without Mr. President, I ask that the letter Wilderness Area.’’ It is obvious from this statement that the Secretary has redefined objection, it is so ordered. by Mr. Rovig be printed in the RECORD resource values to exclude mineral re- COMMITTEE ON RULES AND ADMINISTRATION following my statement. sources. Yet in the accompanying informa- Mr. THURMOND. Mr. President, I In recent years our Government has tion sheet dated June 1996, we see the follow- ask unanimous consent that the Com- fallen prey to the actions of special in- ing paragraph: ‘‘Under the Mining and Min- mittee on Rules and Administration be terest groups that seek to exempt oth- eral Policy Act, it is the policy of all Federal authorized to meet during the session ers of the future they are so privileged agencies to foster and encourage private en- to have lived. If we are to increase the terprise in the development of economically of the Senate on Wednesday, June 26, sound and stable domestic mining, minerals, 1996, beginning at 9:30 a.m. until busi- stability of our country and to develop metal and mineral reclamation industries; ness is completed, to hold a hearing on our future we need to open our minds and the orderly and economic development FEC reauthorization, oversight, and and eyes to balance, and not close the of domestic mineral resources, reserves, and campaign finance reform. door on development. We need to be reclamation of metals and minerals to help The PRESIDING OFFICER. Without prepared to use our resources to pro- assure satisfaction of industrial, security objection, it is so ordered. tect the land. These are the aims that and environmental needs.’’ There are many other inconsistencies in f the Government needs to seek. It is the goal of the State of Montana to find the government’s position such as the state- ADDITIONAL STATEMENTS ment: ‘‘The withdrawal would not affect sound science in the development of those lands in the area for which there are the resources my State has been so valid existing rights of mineral entry or any FEDERAL MINERAL WITHDRAWAL blessed with. other associated rights, such as access to pri- vate land or existing mineral claims.’’ IN THE COOKE CITY, MT AREA Work is being done in Montana to protect the future and the land. What This is inconsistent since the very concept ∑ Mr. BURNS. Mr. President, I rise Montana seeks is work and jobs to of mineral entry allows for the staking of mill site claims to help develop a mining today to bring to the attention of the move into the future. Senate two thoughts. No. 1, which is claim. Under Babbit’s proposal new mill site The letter follows: claims would not be allowed thus denying the inconsistency with which the ROVIG MINERALS, INC., owners of valid existing mineral rights, their present administration deals with land Billings, MT, June 21, 1996. other associated rights. The information use policy decisions. No. 2, the concept Senator CONRAD BURNS, sheet makes the absurd statement that: of balance in dealing with land use pol- Dirksen Senate Office Building, ‘‘The New World Mine proposal, being ana- icy. Washington, DC. lyzed by the Gallatin National Forest, is not Earlier this month the Bureau of DEAR CONRAD: I am writing this letter on considered as a ‘connected action’ to the behalf of the Montana Mining Association in withdrawal proposal and will not be consid- Land Management and the Forest my position as President. Service announced that they propose ered in the analysis. The New World Mine I was recently made aware of a Bureau of proposal applies to an area for which there to withdraw from mineral entry ap- Land Management and Forest Service action were valid rights established prior to the proximately 19,100 acres in the area (see attachments) whereby they propose to proposed withdrawal.’’ surrounding Cooke City, MT. This fol- withdraw from mineral entry approximately Anyone who has followed the proposed de- lows a pledge made by the President to 19,100 acres in the Cooke City area. This ad- velopment of the New World Mine knows disallow mineral entry into this area ministrative action is purportedly being un- very well that the withdrawal issue would for a period of 2 years. dertaken at the request or direction of Sec- never have arisen were it not for Clinton’s retary Bruce Babbitt of the Department of secret meeting with the environmentalists. This is an area that is surrounded by the Interior. It follows on the heels of Presi- lands which already protect the land in Of course, the New World Mine proposal dent Clinton’s promise, catering to the envi- should be considered a connected action, and question. Congress has previously ronmental community, that this area would the very fact that its multi-volume Environ- acted to create a National Park and a be suspended from mineral entry for a period mental Impact Statement has been written Wilderness area to protect the fragile of two years. I think you know the history of to cover the very heart of the proposed with- lands in this area. Now the Secretary this hoax—the President flew over the area drawal demands that it be considered as a of the Interior wants to put more land at 10,000 feet and then determined in a secret connected action, thus proving the district’s in Montana out of reach for the people meeting with multiple environmental groups mineral viability. that he would save the area from the nasty of Montana. Even if you accept the position that this miners. proposed activity will not affect existing In the statement that the Secretary The continued effort now being foisted on mining activities and claims, then you must included with the proposal, he has stat- us by the Bureau of Land Management and seriously question why the government ed in numerous locations that it is the the Forest Service is a very expensive at- wants to take this very expensive multi-year policy of Federal agencies to foster and tempt to appease environmental groups with action to withdraw the surrounding ground. encourage private enterprise in the de- taxpayer money while in reality accomplish- Another major consideration is the concept velopment of stable domestic mining. ing nothing. Cooke City sits in the middle of of administrative withdrawals on our ever The document also discusses that there a multi-million acre area of previously with- dwindling mineral resource locales. The will not be any effect on valid existing drawn wilderness and national parks. The prospector and the wildcatter cannot find 19,000 or 20,000 acres represented is one of the their minerals where no minerals exist. We claims, referring to the New World very few areas in this gigantic enclave where must be allowed to look in those places Mine site presently under study by the any degree of free enterprise can be pursued. where geologic conditions allow for the pres- Federal land management agencies and The Bureau of Land Management, the Forest ence of commercial minerals. Already thou- the States of Montana and Wyoming. Service, the Secretary and the environ- sands of acres of highly prospective mineral The purpose of this proposal is ex- mental community keep trying to portray locations have been lost to the bureaucratic actly the opposite. Before the States the Cooke City area as a forgotten or over- procedures that simply do not recognize the can finish their purposed action on looked part of their personal preserve. The incredible importance of minerals to this mining in this area, the Federal Gov- reality is that the New World Mining district country’s past, present and future. There are was specifically excluded when Yellowstone no great nations that do not have near self- ernment steps in to say that they know Park was formed by virtue of the fact that it sufficiency for their mineral needs. what is best for everybody. They state was an active mining district. Furthermore, I hope that through the budget process, or that they will consult with local com- in the 1970’s when the Absaroka-Beartooth some of the other magic that goes on in munities on the process. Yet when it Wilderness Area was formed, it was again Washington, you can stop this wasteful and comes to the final process they give lit- specifically excluded by virtue of its intense unnecessary proposal but, if not, I plead for tle or no credit to the words and mineral potential. That mineral potential you to work with us to ensure that a degree thoughts of the people that will be still exists today as demonstrated by the re- of logic and common sense is incorporated in most directly impacted by their ac- serves recently drilled out by Crown Butte the procedure. This would include review of Mines, Inc. the studies by the United States Bureau of tions. In the government support information, Mines, the United States Geological Survey All this is stated very clearly in a the following statement was made, ‘‘The and various states agencies. It must also letter written by Mr. David Rovig of withdrawal has been proposed by the Sec- consider how small this area is when com- Montana. His letter sets forth a precise retary of the Interior to maintain, to the ex- pared to the vast wilderness and park system June 26, 1996 CONGRESSIONAL RECORD — SENATE S7053 that surrounds it. It is clear to me that if and died in Korea, and I am proud of Predictably, the Clinton administration is Babbitt’s mineral withdrawal succeeds there them both. hostile to the idea of a tax cut. With the sole will be subsequent steps to pick away at the exception of John F. Kennedy, no Demo- area until it ultimately would be consumed f cratic president in history has ever proposed by the wilderness system. SURGING TAX BURDEN UNDER a major tax cut. Democrats always want to As a matter of standing policy, the Mon- hold on to every last dollar of the taxpayers’ tana Mining Association is opposed to ad- PRESIDENT CLINTON money—no tax cut is ever as valuable to ministrative withdrawals of any lands from ∑ Mr. ABRAHAM. Mr. President, under them as the equivalent amount of govern- mineral entry. In this instance, the egre- President Bill Clinton, the Federal tax ment spending. gious violation of the intent of the with- burden as a percentage of national in- Even if they were convinced that a tax cut was justified, it is always ‘‘unfair’’ to cut tax drawal procedure for the sole purpose of mol- come has risen to the second highest lifying preservationist interests solidifies rates because that means that those who pay our resolve. We firmly believe that the con- level in American history. As reported the most taxes get a bigger tax cut. That is tinual hijacking of established procedures to by economist Bruce Bartlett, according why Democrats like tax credits, because achieve political ends must stop. Please help to the U.S. Department of Commerce, they are tax equivalent of government us help ourselves and the country to thwart in the first quarter of 1996 Federal spending. Republicans, by contrast, have his- this effort. taxes consumed 20.5 percent of gross torically supported tax rate reductions and Very truly yours. domestic product. Only during periods increases in tax exemptions, which allow DAVID B. ROVIG.∑ of war and other unique economic cir- people to keep more of their own money. f Republicans in Congress, therefore, com- cumstances has the tax burden risen to mitted a fatal error when they made the $500 GLEN GENSEAL AND SPRING- such levels. For instance, at the height child credit the centerpiece of their tax plan. FIELD’S NEW KOREAN WAR ME- of World War II in 1945, and of the Viet- It essentially is Democratic tax policy. As a MORIAL nam war in 1969, Federal taxes took result, the differences between the two par- only 20.1 percent and 20.3 percent of ties on the central issue of taxation have be- ∑ Mr. SIMON. Mr. President, the com- GDP, respectively. During the late come blurred. munity of Springfield, IL, recently 1970’s and early 1980’s, double-digit in- Moreover, the Republicans’ obsession with dedicated a new Korean War Memorial balancing the budget at all costs has blinded flation and a Tax Code that was not in- them to the need for a tax cut vastly larger which features, inscribed in stone, this dexed for inflation pushed the tax bur- poem, written by Glen Genseal in trib- than the minuscule $122 billion over six den to an all-time high of 20.8 percent years that they have proposed in their latest ute to our fallen soldiers in Korea: of GDP. President Clinton’s 1993 tax in- budget. They should be talking about a tax MY BRAVE YOUNG MEN crease—the biggest tax increase in the rate reduction of at least 15 percent across (by Glen Genseal) history of the world—is largely respon- the board.∑ I took a walk in the park of my old home sible for raising the tax burden from f town 19.2 percent of GDP in President Bush’s LT. COL. BRYAN T. LAWLER Hardly noticing anything that was around. last year to today’s 20.5 percent of Mr. GRASSLEY. Mr. President, I rise Just this day, I don’t know why, GDP. In my view, there is absolutely ∑ today to honor a gentleman of out- I looked at the cannon and stone war no justification for imposing such a standing character and dedication to plaque when passing by. heavy tax burden on the American peo- his country. Lieutenant Colonel Bryan There were name upon names written on ple. We ought to let American people T. Lawler of Eldora, IA has served in the plaque keep more of what they earn so that Of brave young men who never came back. the U.S. Air Force for 22 years and will they can do more for their families and retire from active duty on August 1, A certain guilty feeling came over me, communities. And the best way to ac- I didn’t know why, but I was soon to see. 1996. complish this is to reduce income tax Colonel Lawler’s military education Off in the distance, I thought I heard rates for everyone by at least 15 per- in 1974, when he attended and grad- Soldiers marching to cadence and time. cent. I blinked my eyes, shook my head, uated from the Minuteman Missile I ask that Mr. Bartlett’s Detroit Looked at the plaque, Launch Officer training course. Subse- News editorial be printed in the And here’s what it said: quently, after graduating in the top RECORD immediately following my re- Take a good look at my brave young men third of the class from Squadron Offi- marks. as they go marching by, cer’s school, Bryan Lawler’s education The editorial follows: I want you to hear all their widows and culminated with a Juris Doctor degree mothers cry. [From the Detroit News, June 24, 1996] from the University of Iowa’s College I want you to touch each salty tear, A SURGING RECORD OF CLINTON TAX LOAD of Law. He had been competitively se- And feel each heartache, that will never (By Bruce Bartlett) lected for the Funded Legal Education disappear. Recently released data show federal taxes Program and graduated with high dis- Look into the lost eyes of every wife, continuing their relentless upward trend. As tinction. Colonel Lawler also attended mother, and dad, I have previously reported, federal taxes the Air Command and Staff College. Then gently squeeze the small hand of each consumed 20.4 percent of the gross domestic fatherless child During his 22 years of service, Colo- product (GDP) last year—the second highest nel Lawler put his Iowa Hawkeye law That war has left so sad. level in American history. Oh my friend, never forget as you walk by, According to the U.S. Department of Com- degree to exemplary use. He served in The sacrifice of my brave young men who merce, however, in the first quarter of 1996 the base legal office at Seymour-John- had to die. federal revenues have risen by another 0.1 son AFB, defense counsel at RAF Let it be known and always ever so plain, percent to 20.5 percent of GDP. As the figure Upper Heyford in the United Kingdom, That my brave young men did not die in indicates, federal revenues have now risen by and Utility Legislation Counsel at vain. 1.5 percentage points of GDP during the Clin- Tyndall AFB in Florida. He also served America will always be the home of the ton administration. as the Staff Judge Advocate at Moody brave, This works out to an increase of just over AFB. He continued his service over- 0.1 percent of GDP every quarter Bill Clinton America will always be the land of the seas, being stationed, again, in the free. has been in office. On this basis, we can an- ticipate that by the fourth quarter of 1996 United Kingdom and in Saudi Arabia. Because of the life of each young man federal revenues will equal their all-time While in Saudi Arabia Colonel Lawler Whose name, written in blood, is upon me. high of 20.8 percent. was selected to serve as one of the legal God bless America and my brave young The Congressional Budget Office now esti- advisors who investigated the men. mates that gross domestic product will shootdown of two U.S. Army heli- Mr. President, Tracy Johnson, who amount to $7,584 billion in 1996. Thus if reve- copters in Northern Iraq. The Colonel has done a superb job for the people of nues were simply to return to the level they finishes his distinguished career as Illinois and for me in my office in were at when Bill Clinton took office, we would have to cut taxes by $114 billion this Deputy Staff Judge Advocate for the Springfield, is the daughter of Glen year. And every quarter that tax revenues as Headquarter Fifteenth Air Force at Genseal. She is proud of her father and a share of GDP rise another 0.1 percent, we Travis AFB. of his contribution to this lasting and must increase the size of the tax cut by an Because of his outstanding achieve- fitting memorial to those who served additional $7.6 billion. ments during his services with the U.S. S7054 CONGRESSIONAL RECORD — SENATE June 26, 1996 Air Force, Lieutenant Colonel Lawler The Interstate Highway System unified Today, in our newspapers and on tel- has been honored with the Meritorious our great and diverse nation. As President evision, we have seen the absolutely Service Medal with two Oak Leaf Clus- Clinton has said, it ‘‘did more to bring Amer- tragic news about the bombing in ters, the Joint Commendation Medal, icans together than any other law this cen- Saudi Arabia. Mr. President, the first tury.’’ And by so doing, it gave our citizens— and the Air Force Commendation and still gives our citizens 40 years and thought in my mind is a great sense of Medal with two Oak Leaf Clusters. about 44,000 miles later—the very freedom compassion, of course, for the families, Bryan Lawler’s military service re- that defines America. for the victims, those who have lost flects hard work, pride, and efficiency. Inherent in our Bill of Rights—whether the their lives, those who are injured. How The work done by Colonel Lawler in freedom of religion or press—is the freedom many times I and others, including the the service of his country is greatly ap- of mobility . . . to go where we please, when presiding officer and the distinguished preciated. I know that all Iowans and we please. Families driving to our national chairman of the Armed Services Com- parks on vacation, mothers coming home all Americans join me in expressing from work, fathers taking their children to mittee, have reminded the American their thanks for a job well done. baseball games . . . all depend on the Inter- public of the risk taken every day by Mr. President, I would like to quote state Highway System—a system that has men and women of the Armed Forces. the words of one of Colonel Lawler’s paved the way not only to the next destina- They volunteer to go beyond our shores fellow officers. I believe that these tion, but to opportunity itself. to provide that framework of security, words describe the Colonel well. ‘‘Colo- A highway to opportunity—that is Amer- together with our allies, such that we nel Lawler has been a leader, guiding ica. And that is the freedom, I am proud to can enjoy what we are doing here say, made possible in part by my father’s hundreds of young people who have dedication. I’m equally proud to continue today—freedom of speech and every learned and themselves succeeded that tradition—inspired by him—by working other type of freedom guaranteed by under his steady influence. Few mem- to connect all Americans to the 21st cen- our Constitution. We honor the great bers of the Department are as well re- tury’s highway to opportunity, the informa- sense of obligation that these men and spected, admired and liked by his supe- tion superhighway. women have and the generations that riors, peers and subordinates as is Colo- I was always amazed how the voice that have preceded them and worn the uni- nel Lawler.’’ called me to the dinner table or reminded me forms, knowing they take risks of Mr. President, I sincerely congratu- to do my homework could be the same voice varying levels once they depart the that argued so eloquently in the Senate for late Lieutenant Colonel Bryan T. what can only be described as the greatest shores of our United States. Lawler on his service with the U.S. Air public works project in the history of the I think we should take a lesson from Force. He is the type of officer that our United States of America. And on this, the that tragedy as it relates to security military needs. I wish him the best of 40th anniversary of that accomplishment, I and the type of weapon employed by luck in the years to come.∑ would like to thank my father, Senator Al those terrorists; namely, a truck, from Gore, Sr. VICE PRESIDENT GORE ON THE 40TH ANNIVER- outward appearances being a fuel On behalf of all Americans, I would like to SARY OF THE INTERSTATE HIGHWAY SYSTEM truck. I consulted today with the intel- thank him for the Interstate Highway Sys- Mr. DASCHLE. Mr. President, today tem that, in his words, is truly an ‘‘object of ligence staff of the Department of De- the President of the Senate, the Vice national pride.’’ And I would like to thank fense. I think it can be said that a fuel President of the United States, AL him, personally, for teaching me both what truck was carefully reconfigured and GORE, Jr., issued a statement com- it means to be a dedicated public servant and the contents carefully put in by expert memorating the 40th anniversary of a dedicated father. individuals. It was not some back-ga- the Interstate Highway System. His f rage type of manufacturing job by per- sons in that region. statement is fitting, not only because SECURITY AT THE WHITE HOUSE of the unparalleled significance the The article by Mr. Coleman is rel- Interstate Highway System holds for Mr. WARNER. Mr. President, yester- evant to the tragedy within the last 24 every American, but also because of day’s Washington Post contained a hours in Saudi Arabia. Terrorism the key role in the development of that very interesting op-ed piece written by against our men and women of the system played by the Vice President’s William T. Coleman, Jr., former Sec- Armed Forces abroad, in my judgment, father, Al Gore, Sr. I ask unanimous retary of Transportation in the Ford is directly related to the issue regard- consent that the Vice President’s administration, who is chairman of the ing Pennsylvania Avenue and the NAACP Legal Defense and Education statement be printed in the RECORD house of the President of the United and commend it to my colleagues’ and Fund. I have known, through the years, States, which is the public property of the public’s attention. this distinguished public servant very, every citizen in this country. I ask There being no objection, the state- very well. He enjoys the confidence and unanimous consent this article be ment was ordered to be printed in the respect of the broadest possible spec- printed in the RECORD following my re- trum here in the Nation’s Capital, cer- RECORD, as follows: marks. tainly of this Senator. The PRESIDING OFFICER. Without STATEMENT BY VICE PRESIDENT AL GORE Mr. President, he was addressing the COMMEMORATING THE 40TH ANNIVERSARY OF objection, it is so ordered. serious problem with respect to secu- THE INTERSTATE HIGHWAY SYSTEM, JUNE 26, (See exhibit 1.) 1996 rity at the White House, and I point Mr. EXON. Will the Senator yield? This week marks the 40th anniversary of out that he is a Republican. He goes Mr. WARNER. I am happy to yield to the historic legislation that created our na- into considerable detail on the issue re- the Senator. tion’s Interstate Highway System. Tonight, cently voted on in the Senate, the clos- Mr. EXON. I would like to say a few at the Zero Milestone Market on the Ellipse, ing of Pennsylvania Avenue. I voted things complimenting my friend from there will be an event to honor the four vi- against that Sense of the Senate Reso- Virginia on the remarks he made. sionary Americans who made it possible: lution. I feel that matters relating to Mr. WARNER. Take such time as the President Dwight Eisenhower; Congressman security, such as the closing of Penn- Senator desires. Hale Boggs; former Federal Highway Admin- sylvania Avenue, no matter the consid- Mr. EXON. While the Senator from istrator Frank Turner; and my hero, my mentor, one of Tennessee’s finest sons and erable inconvenience to many citizens Virginia and I have not always agreed one of America’s greatest Senators . . . my and in particular citizens from my on all subjects, we have agreed on more father, Senator Al Gore, Sr. State of Virginia, contiguous to the than we have disagreed on. I could not The Interstate Highway System has meant Nation’s capital, should best be left to help but ask for a moment, if I might, so much to our country. Its creation led to those who are responsible for decisions to congratulate the Senator from Vir- an unprecedented period of national growth relating to security. ginia for his very thoughtful remarks and prosperity. It increased safety and dra- Quite frankly, in my State, my vote with regard to the security of the matically reduced traffic fatalities. And it was not popular because of the incon- White House. I voted against the reso- enhanced our national defense and security. venience to those utilizing Pennsylva- The Interstate Highway System has lit- lution when it came up because I erally changed the way we work and even nia Avenue for transportation to and thought it was ill-advised. the way we live. But it has done something from their places of employment and I believe it is safe to say that what else, too—something that can’t be measured the like. I cast a vote to table that res- happened, the tragedy that happened by statistics or dollar signs. olution. to our people serving the United States June 26, 1996 CONGRESSIONAL RECORD — SENATE S7055 overseas with the terrorist attack yes- ic incident in Oklahoma City. But that trag- quently was transferred, and I had the terday, if it can happen in Dhahran, edy, as well as the earlier bombing of the privilege of cutting his orders, to the Saudi Arabia, it can happen even more World Trade Center, painfully underscored position of Commander in Chief of all easily at an open Pennsylvania Ave- the reality we must face. U.S. Forces in the Pacific, one of the Having served as secretary of transpor- nue, 1600 Pennsylvania Avenue. tation in the Ford administration, I was es- most important commands. Admiral I thank the Senator for his thought- pecially concerned about the transit implica- Zumwalt had become the CNO, and to- ful comments and remarks. tions of this act. So were the other advisers. gether we decided that Admiral Clarey Mr. WARNER. I thank my colleague. All six of us racked our brains, our imagina- was the best qualified flag officer in Also, I feel the President of the Unit- tions and our experience to come up with a the Navy to take on this post at the ed States, President Clinton, has ad- solution that would keep some vehicular time of the very serious conflict in dressed thus far this tragedy in traffic on that segment of Pennsylvania Ave- Vietnam. Dhahran in an exemplary manner. He nue. In the end, however, we determined that I had the privilege of working very has dispatched all known resources in there was no feasible way to do it. Nevertheless, the White House remains one closely with this distinguished naval this country to analyze how this could of the most accessible executive residences officer in both his capacity as Vice have happened, and I was told by the and offices in the Western World. While the Chief and as Commander in Chief of the Department of Defense a short time avenue is closed to motor vehicles, it is more Pacific Forces. I say with the greatest ago, every possible means of medical open than ever to pedestrians. (And I do humility that I looked upon him as one care and logistics are en route by air to sense a weakness in the critics’ argument might look upon an older brother. He the scene to help those many, many that barring vehicles limits or thwarts the was an extraordinary man, decorated who are still suffering in the hospital. chances of out-of-town visitors to see the with the second highest decoration of White House. I doubt that many who visit EXHIBIT 1 Washington to see the president’s home con- the United States Navy, the Navy [From the Washington Post, June 25, 1996] tent themselves with merely passing by in a Cross, in three separate instances, for KEEP THE AVENUE CLOSED car, tax or bus.) his heroism during World War II, and (By William T. Coleman, Jr.) The security situation changes, and not al- he earned his distinguished naval When the Secret Service first described to ways for the worse. American school- record ever since graduating from the us its proposal to eliminate vehicular traffic children, for example, no longer have to go U.S. Naval Academy in 1934. from two busy blocks of Pennsylvania Ave- through drills to prepare for nuclear attack. I remember so well in the fall of 1972, nue, I and the five other persons serving as On the other hand, we all now take for grant- during a very intense period of the war outside advisers to the Treasury Depart- ed metal detectors at airports, and are be- coming accustomed, reluctantly, to present- in Vietnam, I, as Secretary, went out ment’s White House Security Review were to, as we called it in those days, ‘‘West dead set against it. We were all well aware ing photographic identification before board- ing a plane. In the 1980s, access to the Cap- Pac,’’ with Admiral Clarey. We pro- that the presidency carries with it inevitable ceeded to the theater of operations in risks: Certainly, this president has been far itol, the home of the people’s Congress, was more vulnerable on his two trips to the Mid- restricted to pedestrians in response to Vietnam. We stopped several times in- dle East than he would ever be in the White threats of Libyan-sponsored terrorism. Then land, and then we proceeded to visit House. as now, many Washingtonians grumbled each of the ships off the coast of Viet- Moreover, as longtime Washington area about the traffic disruption, and complained nam in a period of 72 hours. My recol- that the deployment of Jersey barriers cre- residents and commuters, we were concerned lection is that we visited some 24 ships, about the effects on the city. We were also ated a concrete perimeter around the Capitol grounds. We now take that change for grant- being lowered by helicopter onto the mindful of the public’s possible reaction to deck of each ship to make our brief in- restricting access to the people’s house, and ed. with this in mind, we consulted three of the The Jersey barriers currently blocking spection, but mainly to commend the four living former presidents. Pennsylvania Avenue are indeed unsightly. sailors for their service to country and But in the final analysis—and unfortu- But they are temporary measures, to be em- the cause of freedom. We then com- nately much of that analysis cannot be made ployed only until a permanent redesign can pleted our trip and returned to the public because it concerns sensitive security be accomplished. The Park Service’s pro- United States. posed design shows that protecting the matters—it became clear to us: The evidence I recall very vividly that we partici- unequivocally established that the No. 1 White House will not require unsightly barri- cades. The federal government should move pated in a Christmas service offshore threat to the president in the White House, on the bow of one of our larger cruis- and to all those who work and visit there, quickly to implement a permanent plan. would be an explosive-laden truck driven Although only a handful of individuals will ers, which at that very moment was right up to the White House gates. A lim- know the specific facts underlying our rec- conducting operations to rescue airmen ousine, a large car, a station wagon, a bus ommendation, anyone who reads the news- who had been shot down during the would also have the capacity to carry such papers or watches television news will recog- night in bombing missions. dangerous devices. And in fact all of these nize that Secretary Rubin made the right de- Admiral Chick Clarey was a man cision. vehicles have been used to deliver explosives whom I shall always identify as the in one place or another in the world. f epitome of what every sailor aspires to Surely those clamoring for the reopening be. His wife, Jean, was wonderful with of Pennsylvania Avenue to vehicular traffic ADMIRAL BERNARD A. CLAREY cannot believe that the risks are imaginary REMEMBERED him—no finer Navy Wife ever existed. I pay him his final salute as he goes on [editorial, May 22; op-ed, June 8]. The in- Mr. WARNER. Mr. President, Amer- crease in fanatical terrorism, foreign and do- to his just rewards. mestic, the availability of powerful explo- ica lost a great hero this week. That I yield the floor. was Admiral Bernard A. Clarey, former sives and the proliferation of information ex- EXHIBIT 1 plaining how to build explosive devices yield Commander in Chief of the Pacific [From the New York Times] a potent mix that can no longer be ignored. Fleet. I ask unanimous consent to have The recommendation we finally made to printed in the RECORD at the conclu- FORMER PACIFIC FLEET COMMANDER DIES the Treasury Department was based on the sion of my remarks the New York Adm. Bernard A. Clarey, a former vice realization that failure to adopt the Secret Times article detailing his extraor- chief of naval operations who commanded Service’s proposal would undercut the serv- dinary career. America’s naval might in the Pacific as the ice’s responsibility to protect the first fam- country sought to extricate itself from the ily and the government’s responsibility to The PRESIDING OFFICER. Without quagmire of war in Indochina, died on Satur- protect the people who visit or work in or objection, it is so ordered. day at Tripler Hospital in Honolulu. He was near the White House. (See exhibit 1.) 84 and lived in Honolulu, where he retired in Eliminating vehicular traffic from those Mr. WARNER. Mr. President, when it 1973 as commander in chief of the Pacific two blocks of Pennsylvania Avenue was not was my privilege to serve in the De- Fleet. a response to any of the specific events that partment of Defense between the years The cause was a heart attack, his family precipitated the review. That is to say it was 1969 and 1974 in the posts of Under Sec- said. not intended simply to prevent another retary and Secretary of the Navy, Ad- In 1968, President Lyndon B. Johnson gave plane crash or an assault by a gunman. Our Clarey his fourth star and appointed him mandate from the beginning was to review miral Clarey was Vice Chief of Naval vice chief, the No. 2 spot in the Navy’s uni- all aspects of White House security. In fact Operations. The No. 2 man under the formed hierarchy. But when Adm. Elmo R. our recommendation and Secretary Robert CNO, who at that time was Adm. Zumwalt became chief of Naval Operations Rubin’s decision were made prior to the trag- Thomas Moorer; Admiral Clarey subse- two years later, he chose his own closest S7056 CONGRESSIONAL RECORD — SENATE June 26, 1996 aides and Clarey assumed the Pacific com- tragedies of this sort and to see to it schools first in Idaho, Wyoming, Utah, mand in Hawaii. that the perpetrators of this terrible and then the entire United States. It was a familiar duty station for Clarey, act are brought to justice. His belief in opportunity was not a who had survived the attack on Pearl Harbor When incidents like this occur, we in mere philosophy based on a good idea as executive officer on the submarine Dol- he had read about, but was based on his phin. But now, in December 1970, he took the United States become acutely charge of the entire Pacific Fleet, including aware of the highly sensitive position own life experiences. He was born in its vessels off Vietnam and naval-air oper- that we, as Americans, are often in at Lava Hot Springs, Idaho in 1921. His fa- ations over North Vietnam. home and abroad. Whether it is a for- ther died in a mining accident when he The assignment put him in a sensitive po- eign or domestic terrorist, we must un- was 8, and his mother, left penniless sition. American military strength in the fortunately take extra precautions and during the Depression, supported the war had peaked at nearly 550,000 in 1969; the institute extra security measures to family and they never did have much. country was racked by mass demonstration’s protect ourselves. Attending college, while his dream, and peace negotiations in Paris proceeded was not a foregone conclusion given fitfully despite the raids on the North. And The administration has greatly em- racial conflict aboard the Pacific Fleet led to phasized how the Saudi Government the financial challenges he experienced a congressional inquiry. has acted with urgency and profes- growing up. Bernard Ambrose Clarey was born in sionalism in assisting with our re- In his own words, he shared his un- Oskaloosa, Iowa, and graduated from the sponse to this tragedy. I believe this certainty about succeeding in college: Naval Academy in 1934. He trained at Sub- highlights the deep and significant re- When my senior year in high school came marine School in New London, Cohn., in the lationship the United States does have, along, my mother had succeeded in her long late 1930s. campaign to get me to make the impossible After his baptism of fire at Pearl Harbor, and must continue to maintain with happen. I was going to leave Lava Hot he went on a war patrol in the Marshall Is- the Saudi Government, bilaterally, and Springs for college. Since we had no money lands aboard the Dolphin. Rising in rank and in conjunction with our other gulf al- at all, I was compelled to attend Albion command, he continued on patrol duty in lies. Just as the United States has State Normal School, a teachers training in- various parts of the Pacific and was one of steadfastly refused to bow to terror- stitution, but my love of my hometown the early commanders in the highly damag- ism, so to must we preserve and sus- school made it easy for me to accept that ne- ing forays against Japanese shipping late in tain this critical bilateral relationship cessity. If I could make it, I was going to be the war, He was awarded three Navy Crosses in order to continue to fight against a teacher. So I hoped as I labored, full of for valor. doubts and fearful of the possibility of fail- He was back in combat in the Korean War terrorism. ure. . .. as executive officer on the heavy cruiser Hel- f Each term I attended seemed likely to be ena, earning a Bronze Star. Further duty my last. My borrowed textbooks, threadbare tours took him to Washington, back to Pearl IN HONOR OF T.H. BELL, FORMER clothing, skimpy meals, and constant appre- Harbor, and to Norfolk where he planned SECRETARY OF EDUCATION hensiveness that I was not college material NATO training exercises and took part in Mr. BENNETT. Mr. President, today caused me—indeed drove me—to study with high-level conferences. in Utah, memorial services will be held a dogged passion and urgency. Recalled to the Pentagon in 1967, he served in Salt Lake City for Terrel Howard He attended Albion State Normal as director of Navy Program Planning and School, beginning in 1940. After serving Budgeting in the Office of Chief of Naval Op- Bell, who passed away on Saturday. erations until his appointment as vice chief Since I cannot be there, I would like to in the Marines during World War II, he the next year. make a few remarks to honor him. became a high school science teacher. After his retirement from the Navy he While he is best known inside the belt- At age 25, he became superintendent of worked as vice president of the Bank of Ha- way as the Secretary of Education in schools in Rockland, ID. He also held waii for Pacific Rim Operations. the Reagan Administration, his time in that position in Afton, WY, and Ogden, Clarey is survived by his wife of 59 years, Washington comprised only a small pe- UT. He then served as Utah’s state Jean Scott Clarey; two sons, Rear Adm. Ste- riod of a lifetime of dedication to edu- schools chief from 1963 to 1970, and phen S. Clarey, retired, of Coronado, Calif., then moved on to Washington, DC, to and Michael O. Clarey of Scarsdale, N.Y.; a cation. brother, William A. of Peoria, Ill; a sister, The words, ‘‘A Nation at Risk’’ mark work in education under President’s Janice Bracken of Paramus, N.J.; five grand- the legacy of T.H. Bell. Commissions Nixon and Ford as Deputy Commis- children, and one great-granddaughter. come and commissions go in Washing- sioner and then Commissioner of Edu- f ton. Most have long been forgotten. cation in the Department of Health, However, I believe most of us would Education, and Welfare. THE BOMBING OF THE UNITED recognize the blunt assessment of He took office as President Ronald STATES MILITARY BASE IN American education contained in the Reagan’s Education Secretary in 1981, SAUDI ARABIA report by The National Commission on where the landmark report, ‘‘A Nation Mr. ABRAHAM. Mr. President, I rise Excellence in Education, the creation at Risk’’ was issued. His strong belief today to express my sincere condo- of then Secretary T. H. Bell: in State and local control of schools lences to the families and friends who Our Nation is at risk. Our once unchal- was often misunderstood, given his lost their loved ones in the horrible lenged preeminence in commerce, industry, view that the Federal Government terrorist act which took place at the science, and technological innovation is should provide some leadership role in Khobar Towers housing facility in being overtaken by competitors throughout education reform. Dhahran, Saudi Arabia. My prayers and the world. . . After leaving his post as education thoughts are with the victims and with . . .[T]he educational foundations of our chief in 1985, he established a nonprofit those who lost their loved ones or who society are presently being eroded by a ris- consultant group focusing promoting had their loved ones injured by this ing tide of mediocrity that threatens our academic excellence at middle schools, very future as a Nation and a people. . .. If and co-authored ‘‘How to Shape Up Our terrorist attack. And, like every Mem- an unfriendly foreign power had attempted ber of this Senate, I am fully support- to impose on America the mediocre edu- Nation’s Schools.’’ T.H. Bell died in his ive of United States and Saudi coopera- cational performance that exists today, we sleep on Saturday. He was 74. tive efforts to ensure that those terror- might well have viewed it as an act of war. T.H. Bell worked to ensure the oppor- ists who committed this crime will be As it stands, we have allowed this to happen tunity for a quality education was open apprehended and prosecuted to the full- to ourselves. to all, and with it, the hope of a better est extent of the law. This warning got the attention of life, just as it had been opened to him. Our top priority today and always America and started the wheels of re- I would like to conclude my remarks, ought to be the protection and safety form moving. using his own words: of all the citizens of our country The life of T.H. Bell was marked by My life would have been a great void had it wherever they may reside or are sta- an interest and passion for education. not been for that public school in Lava Hot tioned. We are all very proud of the He believed that anybody who got a Springs staffed by caring teachers who treas- American servicemen and women who good education could accomplish what- ured their jobs. From them I learned that I could learn. I learned as well that the joy of serve and represent our country all ever they wanted. This belief drove him understanding surpasses all else. .. over the world. We must do everything to spend his life working to ensuring a To look into a test tube, to marvel for the we rightfully can to prevent future good education was provided in public first time at a chemical reaction swirling June 26, 1996 CONGRESSIONAL RECORD — SENATE S7057 around before your eyes in an Erlenmeyer nearly 300 wounded. As time goes on, it FOREIGN OIL CONSUMED BY THE flask in a public school chemistry labora- is probable that number of those killed U.S.? HERE’S WEEKLY BOX SCORE tory, is to describe the experience that is at will increase. the heart of the Nation’s commitment to the Mr. HELMS. Mr. President, the doctrine of life, liberty, and the pursuit of A number of things come to my mind American Petroleum Institute reports happiness. We cannot promise happiness. But in response to this awful news. First, of that for the week ending June 21, the we must promise the pursuit. . .. course, is the tremendous sympathy United States imported 7,900,000 barrels I was not only promised the pursuit, I was that I have for the families of the vic- of oil each day, 1,100,000 barrels more enabled to fulfill it. tims. Service for one’s country—wheth- than the 6,800,000 barrels imported dur- In this, he spoke of pursuing an edu- er in the military, the diplomatic ing the same week a year ago. cation. But I believe this is a fitting corps, or government—is one of the no- Americans relied on foreign oil for 55 description of his life. He had the op- blest of callings. And to give one’s life percent of their needs last week, and portunity to pursue a life in edu- in that service is the supreme sacrifice. there are no signs that this upward spi- cational service. He pursued it, and ful- I do hope that the families of those lost ral will abate. Before the Persian Gulf filled it. in this tragedy can take some small War, the United States obtained about 45 percent of its oil supply from foreign f comfort in that fact. Their loved ones countries. During the Arab oil embargo made a difference—each and every one PETTAQUAMSCUTT COVE in the 1970s, foreign oil accounted for made our country a better and safer NATIONAL WILDLIFE REFUGE only 35 percent of America s oil supply. place. Mr. PELL. Mr. President, I am de- Anybody else interested in restoring lighted to join with my colleague, Sen- Second, it is our duty to those killed, domestic production of oil? United ator CHAFEE, as a cosponsor of S. 1871, and in our utmost national interest, to States producers provide jobs for legislation to expand the existing find and punish those responsible. American workers. Politicians had bet- boundary of the Pettaquamscutt Cove There is no more cowardly act than a ter ponder the economic calamity sure National Wildlife Refuge. terrorist attack—the victims have no to occur in America if and when for- Senator CHAFEE has worked hard for warning, no chance to defend them- eign producers shut off our supply—or many years to designate this vital area selves. They have done no wrong and double the already enormous cost of as one of our Nation’s wildlife refuges are chosen solely for their symbolism. imported oil flowing into the United and then to assure that we continue States—now 7,900,000 barrels a day. Third, and regrettably, today’s news necessary financial resources. I have was no bolt from the blue. Months ago, f enjoyed working with him in this effort a similar act occurred wherein five and I am pleased to join in support of Americans were killed. Since then, and THE VERY BAD DEBT BOXSCORE the expansion. This bill will help clear the way for particularly since the perpetrators of Mr. HELMS. Mr. President, at the Fish and Wildlife Service [FWS] to ac- the previous bombing were executed, close of business yesterday, Tuesday, quire 100 acres adjacent to long cove on United States personnel in Saudi Ara- June 25, 1996, the Federal debt stood at the pond’s northeastern shore. The bia have been bracing for another at- $5,114,148,773,023.82. owner, who has declared his intention tack. On top of that, the Kingdom has On a per capita basis, every man, to make a partial donation of the value been rife with reports about the health woman, and child in America owes of the property, has been talking to and well-being of King Fahd and about $19,287.21 as his or her share of that FWS for about a year. his eventual replacement by Crown debt. I am delighted to advise my col- Prince Abdullah. These same reports f leagues that several additional land- have carried unsettling news about the owners with valuable habitat in the vi- growing prominence and strength of CIVIL WAR: IOWA’S SACRIFICE cinity of the refuge also have contacted extremist Islamic groups, and of their Mr. GRASSLEY. Mr. President, FWS to express their interest in selling disputes with the royal family. many men and women of our Nation their property so it may be maintained These developments ought to have a have been called to service during as open space. direct bearing on the United States times of crises. Iowans, too, have bold- Recent biological surveys of upper Government’s calculus of our role, in- ly answered the call of duty. Today, as Point Judith Pond indicate that wild- terests and presence in Saudi Arabia. I continue my remarks about Iowa’s life species have become more diverse Saudi Arabia is, of course, our most spirit, I want to focus on one of our and are using the pond habitat more important partner in the Persian Gulf, country’s most bloody episodes—the heavily than in the past. The bill would and arguably the entire Middle East. Civil War—and, specifically, remember allow the FWS to expand the refuge one university that almost was not. boundary when opportunities to ac- There is no doubt that America should be well represented there, and that our From 1861 through 1864, Iowans ea- quire valuable habitat arise. gerly responded to the need for soldiers troop presence is a key element of U.S. Specifically, the bill would authorize to serve in the infantry, cavalry, and military strategy. Yet the fact remains the Secretary of the Interior to expand artillery. It has been recorded in the that more Americans have been killed the refuge boundary, after appropriate ‘‘Roster of Iowa Soldiers’’ that approxi- public notice and comment, and com- in Saudi Arabia during the past year mately 73,000 Iowans enrolled with the pliance with the National Environ- than in Bosnia, where United States Union Army. Among these soldiers, mental Policy Act. The Secretary cur- troops were placed in a combat situa- over 2,000 were killed in action, almost rently is only authorized to make tion. It seems to me that the United 9,000 were wounded in action, and over minor revisions to the boundary. States must undertake a serious exam- 10,000 died of their wounds or disease. The Pettaquamscutt National Wild- ination of the entire spectrum of our These numbers are quite significant life Refuge truly is one of our national relationship with Saudi Arabia—in- since Iowa, in proportion to its popu- treasures in Rhode Island and it pro- cluding the prospects for future insta- lation, outfitted more troops than any tects a vital ecosystem that includes bility, the return on our investment of other State in the Union. In fact, Perry rare and endangered species among its troops and other personnel, and the ef- Township, located in Jackson County, wildlife. forts of the Saudi Government to deal gave the largest per capita troop en- f effectively with political dissent. rollment during the Civil War. Clearly, the sooner Ambassador-des- Iowa women also played a vital role SAUDI BOMBING ignate Fowler is cleared by the Senate, during the Civil War. Soldier’s relief Mr. PELL. Mr. President, yesterday, the better. The sands in Saudi Arabia societies were formed to support the as we all know, a horrendous bombing are shifting, and I believe we ought to troops. These women sewed uniforms, occurred at a United States military have a much better handle on what to provided bedding, and collected nec- facility in Saudi Arabia. As of this expect in the months ahead. The mem- essary funds to help purchase military morning, 19 Americans were dead, and ory of those killed demands no less. supplies. One woman in particular, S7058 CONGRESSIONAL RECORD — SENATE June 26, 1996 Annie Wittenmyer, played an instru- the men carried into battle, and later in the mid 1800’s, the Ice Harbor origi- mental role in organizing these soci- she recalled those dedicated women nally served as a winter haven for eties throughout Iowa. Because sol- whose ‘‘hearts went in with their steamboats. It also housed the Du- diers were dying more from diseases stitches in the red, white, and blue.’’ buque Boat and Boiler Works which, than from their wounds, she created When the flag was captured at the for many years, was ranked as the larg- diet kitchens in hospitals to help re- bloody conflict called the Hornet’s est inland boat building center in the build their strength and aid in their re- Nest during the battle of Shiloh, the Nation. Now, the Ice Harbor is a place covery. Furthermore, Annie Witten- women made a second flag for their sol- of recreation with many museums and myer campaigned to provide relief for diers and continued to support them other added attractions. The museums mothers, wives, and children adversely with their letters and prayers. They located on and around the banks of the affected by the war because their sons, were there to welcome home the rem- Mississippi, remind us of Dubuque’s husbands, and fathers were killed or nant of Company C, and mourn the significant relationship with the river. disabled during their service. Not only fallen. Life slowly returned to normal, A historical center of trade and com- did she campaign for financial assist- and the university that almost wasn’t merce, Dubuque continues to thrive in ance for these women and children, but became a thriving academic commu- today’s competitive market. In a per- her efforts also helped build orphans’ nity once more. formance report released from the homes. Now, almost 140 years later, Upper International Trade Administration, Unfortunately, as with every hard- Iowa University still stands amid the Dubuque ranks No. 1 in the North fought battle, there comes a price. A wooded hills of northeast Iowa, a trib- Central Region with the greatest per- battle-scarred Civil War flag, on dis- ute to the power of the academic spirit centage change in metro area exports play at Upper Iowa University in Fay- and a living memorial to those young between 1993 and 1994. With an almost ette, is a poignant reminder of this sac- Iowa soldiers and their fellow students 91 percent jump, Dubuque nationally rifice. who made sure they had a university to ranks No. 2 in growth behind the tri- Upper Iowa was founded in 1857 by return to. pioneer families living in the wooded city area of Biloxi, Gulfport, and hills surrounding the tiny village of f Pascagoula, Mississippi. Mr. President, I ask unanimous con- Fayette. The nearest college, Cornell DUBUQUE: IOWA’S LINK in Mount Vernon, was a long dangerous sent that the Department of Commerce Mr. GRASSLEY. Mr. President, trav- trip away by stagecoach over rough charts ranking Dubuque’s export ellers see many different sights while dirt roads and through territory growth be printed in the RECORD fol- roamed by native tribes. Colonel Rob- boating down the mighty Mississippi lowing my remarks. ert Alexander, a veteran of the Black River. One point of interest is found at The PRESIDING OFFICER. Without Hawk War, donated $10,000 in gold the intersection of Iowa, Illinois, and objection, it is so ordered. Wisconsin where a large town emerges pieces toward the funding of a college, (See exhibit 1.) and a hall was constructed of native from the Iowa bluffs. Dubuque, named after the French Canadian fur trader Everyday we are exposed to examples white limestone. The university doors of how our world seems to be shrinking opened on January 7, 1857. and lead miner Julien Dubuque, not only boasts beautiful architecture and and global connections are becoming a Three short years after Upper Iowa’s greater asset to growing businesses and founding, though, the Civil War broke prominent landmarks, but it has the distinction of being Iowa’s oldest set- services. Dubuque has indeed adapted out, and the university’s young men, to meet these international challenges many of them on the verge of graduat- tlement. When the area now known as the city while staying true to its roots. Exports ing, enlisted in a body, along with today range from new technology, such many of their professors. Company C of of Dubuque opened to settlers in June 1833, many miners were primarily at- as computer services, to heavy machin- the 3rd Iowa Volunteer Infantry went ery like John Deere tractors. on to participate in 17 major battles, tracted to this land because of lead. I am proud to see Iowa’s oldest set- including the bloody fields of Vicks- This resource promised great wealth. tlement sustain its role in linking Iowa burg and Shiloh. For many young In fact, the Shot Tower still stands to the world. Upper Iowans, a battlefield grave ended today as a tribute to those who pro- their dreams for a future. In a quirk of duced lead shot that was used during Furthermore, this year, Dubuque was fate, Upper Iowa’s mathematics profes- the Civil War era. one of 30 finalists for the National sor, Nathan Cornell, now a colonel in Not only did the mining of lead help Civic League’s All-American City and the Confederate Army, was captured by build Dubuque, but the location on the Community Award. This award recog- Colonel E.C. Byam of the Union Mississippi River played an important nizes those communities who success- Army—Upper Iowa’s business manager. role in its economic development. For fully address local needs and concerns. With so much of the student body instance, wood was transferred down- Being in the running for this nation- gone, the university was on the verge stream from the northern forests to wide civic award pays tribute to Du- of closing, but the women students and Dubuque where it was milled into lum- buque’s commitment to serving its the female professors were determined ber. Steamboats brought settlers to community. to carry on. Dean of Students Eliza- Dubuque who loaded up with supplies And today, Mr. President, I salute beth Sorin, although born in the and equipment before venturing fur- the good citizens of Dubuque, who South, wholeheartedly supported the ther West. spread the Iowa Spirit of Community decision of the men to fight for the Moreover, the Third Street Ice Har- in their homes, workplaces, schools, Union. She and the women students bor holds a strong link between Du- places of worship and neighborhoods fashioned the first American flag that buque and the Mississippi. Constructed each and every day.

EXHIBIT 1

METROPOLITAN AREA EXPORTS: AN EXPORT PERFORMANCE REPORT ON OVER 250 U.S. CITIES, NORTH CENTRAL REGION [Percentage Changes in Metro Area Exports, 1993–94]

Rank 1993–94 Change Metropolitan Statistical Area (MSA) 1993 1994 Regional National Amount Percent

1 2 Dubuque, IA ...... $93,056,279 $177,562,181 $84,505,902 90.8 2 8 Muncie, IN ...... 64,329,690 107,404,131 43,074,441 67.0 3 10 Detroit, MI ...... 16,780,888,732 27,469,655,137 10,688,766,405 63.7 4 12 Eau Claire, WI ...... 289,715,835 465,707,890 175,992,055 60.7 5 21 Waterloo-Cedar Falls, IA ...... 102,706,259 149,660,963 46,954,704 45.7 6 27 Green Bay, WI ...... 134,096,711 187,1289,675 53,192,964 39.7 7 30 Rochester, MN ...... 53,026,135 72,680,026 19,653,891 37.1 8 34 Hamilton-Middletown, OH ...... 49,285,459 66,255,465 16,970,006 34.4 9 35 Kalamazoo-Battle Creek, MI ...... 650,330,732 868,950,604 218,619,872 33.6 June 26, 1996 CONGRESSIONAL RECORD — SENATE S7059 METROPOLITAN AREA EXPORTS: AN EXPORT PERFORMANCE REPORT ON OVER 250 U.S. CITIES, NORTH CENTRAL REGION—Continued [Percentage Changes in Metro Area Exports, 1993–94]

Rank 1993–94 Change Metropolitan Statistical Area (MSA) 1993 1994 Regional National Amount Percent

10 40 Terre Haute, IN ...... 67,300,401 88,796,473 21,496,072 31.9 11 42 Omaha, NE–IA ...... 299,777,818 393,250,149 93,472,331 31.2 12 49 Springfield, MO ...... 81,120,882 103,823,081 22,702,199 28.0 13 51 Canton-Massillon, OH ...... 250,176,671 315,936,317 65,759,646 26.3 14 55 Springfield, IL ...... 23,906,115 29,803,555 5,897,440 24.7 15 56 Milwaukee-Waukesha, WI ...... 2,337,304,875 2,913,554,707 576,239,832 24.7 16 68 Fargo-Moorhead, ND–MN ...... 111,847,927 137,258,753 25,410,826 22.7 17 77 Fort Wayne, IN ...... 640,583,777 770,882,450 130,298,673 20.3 18 79 Chicago, IL ...... 14,446,576,063 17,333,603,392 2,887,027,329 20.0 19 84 Lawrence, KS ...... 5,238,501 6,243,631 1,005,130 19.2 20 88 Gary, IN ...... 225,347,242 267,480,658 42,133,416 18.7 21 92 Rockford, IL ...... 521,617,189 616,148,483 94,531,294 18.1 22 93 Toledo, OH ...... 836,073,213 986,928,080 150,854,867 18.0 23 94 Sheboygan, WI ...... 207,104,066 244,345,672 37,241,606 18.0 24 103 Grand Rapids-Muskegon-Holland, MI ...... 1,704,959,504 1,993,494,017 288,534,513 16.9 25 104 Columbia, MO ...... 42,934,889 50,173,690 7,238,801 16.9 26 105 Madison, WI ...... 357,688,184 417,083,076 59,394,892 16.6 27 111 Kansas City, MO-KS ...... 2,225,900,542 2,578,559,820 352,659,278 15.8 28 115 Indianapolis, IN ...... 2,626,625,792 3,003,834,284 377,208,492 14.4 29 117 Cleveland-Lorain-Elyria, OH ...... 3,582,759,333 4,093,322,966 510,563,633 14.3 30 123 Lansing-East Lansing, MI ...... 185,665,447 208,627,069 22,961,622 12.4 31 125 Akron, OH ...... 1,434,941,835 1,606,289,098 171,347,263 11.9 32 132 Columbus, OH ...... 1,167,012,557 1,295,467,590 128,455,033 11.0 33 136 Racine, WI ...... 365,126,982 403,153,387 38,026,405 10.4 34 139 Lincoln, NE ...... 188,537,132 207,173,028 18,635,896 9.9 35 141 Elkhart-Goshen, IN ...... 419,879,457 460,350,316 40,470,859 9.6 36 152 Benton, Harbor, MI ...... 338,674,082 368,813,560 30,139,478 8.9 37 155 Kankakee, IL ...... 79,077,304 85,978,927 6,901,623 8.7 38 157 Evansville-Henderson, IN–KY ...... 448,533,992 487,403,232 38,869,240 8.7

ADM. J. PAUL REASON THE BOMBING IN SAUDI ARABIA sonally. Of the U.S. military personnel confirmed dead, one such patriot is Mr. WARNER. Mr. President, I am Mr. FEINGOLD. Mr. President, I rise from my home State of Wisconsin. pleased to welcome the return of a sen- today to join my colleagues to speak T.Sgt. Patrick P. Fennig, from Green- ior Navy constituent to Virginia. Last about the tragedy which occurred yes- dale, WI, who is assigned to Eglin Air week, the Senate confirmed the pro- terday in Dhahran, Saudi Arabia. It is Force Base in Florida and is serving in motion of Vice Adm. J. Paul Reason to reported that around 10 p.m. Saudi Saudi Arabia was one of the 19 service full admiral, and he will be assigned as time, a bomb attached to a fuel tanker members confirmed killed in the blast. commander in chief, U.S. Atlantic truck parked just in front of a concrete I send my condolences to Technical Fleet in Norfolk. He will relieve Adm. security barrier about 35 yards from Khobar Towers, a facility housing Sergeant Fennig’s family. My heart Bud Flanagan, who is a respected United States Air Force pilots and goes out to his family and to the fami- friend to many in this Chamber. other American military personnel on lies of the other U.S. military person- Admiral Reason is the first African- King Abdul Aziz Air Base near Dhahran nel who either lost their lives or were American to receive a promotion to in eastern Saudi Arabia, ripped injured at the hands of this apparent four-star admiral in the U.S. Navy’s through the building, killing 19 United act of terrorism. history. He has had a spectacular ca- States military personnel and injuring This terrorism comes 7 months after reer, beginning with graduation from more than 300 others. a car bomb ripped through an Amer- the Naval Academy in 1965. Subse- It has been further reported that ican-run military training center in quently, he was trained in nuclear pro- about 2,400 American military person- the Saudi capital city of Riyadh, kill- pulsion engineering, and served three nel, most of them working for the Air ing five Americans and two Indians and sea duty tours aboard nuclear-powered Force, are assigned to the area around wounding several dozen others. Yester- ships. Along the way, he also managed the air base in Dhahran. This base day’s attack was the worst terrorist as- to earn a master’s degree in computer serves as the headquarters of the Air sault against Americans in the Middle systems management. Force’s 4404th Air Wing, which is as- East since the 1983 bombing of the From 1976 until mid-1979, he served as signed the task of carrying out the en- United States Marine Corps barracks naval aide to President Jimmy forcement of the no-fly zone over in Beirut, Lebanon, in which 241 Amer- Carter—another nuclear-trained, Naval southern Iraq which was imposed at ican service personnel lost their lives. Academy graduate—and then was exec- the end of the Persian Gulf war. Mr. Mr. President, this bombing is the utive officer of U.S.S. Mississippi (CGN– President, at this early time, it seems latest, and certainly one of the most clear that this apparent act of terror- 40). He had command of two combat- deadly terrorist attacks on American ism was targeted specifically against ants, U.S.S. Coontz (DDG–40) and U.S.S. military personnel serving overseas. U.S. military personnel serving in Bainbridge (CGN–25). After selection for We must never forget that, whether flag rank, he was commander, Naval Dhahran. Mr. President, I deplore in the serving in times of war or supposed Base Seattle and later, commander, strongest possible terms this despica- peace, American troops are continually Cruiser-Destroyer Group 1. After pro- ble act. I join the President in an- in danger when serving their country motion to vice admiral, Paul was as- nouncing to those both within the overseas. Again, I am sickened by and signed as commander, Naval Surface United States and abroad that such ex- deplore this horrific act and urge the Force, U.S. Atlantic Fleet, in Norfolk. tremist acts will not go unpunished. To President to use all available means to He was assigned as deputy chief of that end, I am pleased that the Presi- bring the perpetrators of this terrorism naval operations—plans, policy, and dent has dispatched a team of inves- to justice. operations—his current assignment, in tigators from the FBI to Saudi Arabia I yield the floor. August 1994. (I include his attached bi- to assist in the investigation of the f ography for the record.) blast. I strongly support our men and MILITARY CONSTRUCTION APPRO- The selection of Paul Reason to com- women serving their country overseas PRIATIONS ACT FOR FISCAL mand the Atlantic Fleet is an inspired and feel that we must take all steps YEAR 1997 decision. I have known of him over the necessary both to apprehend and bring years, and I am confident that he will to justice those who perpetrated this Mr. WARNER. Mr. President, turning be a superb CINCLANTFLT. I con- act and to ensure the future safety of to the military construction appropria- gratulate Admiral Reason and his wife, all American troops serving abroad. tions bill, I ask unanimous consent Dianne, and I look forward to working Mr. President, this tragedy hits me that the Senate now turn to the consid- with him for years to come. and the State of Wisconsin quite per- eration of calendar 448, H.R. 3517, the S7060 CONGRESSIONAL RECORD — SENATE June 26, 1996 military construction appropriations struction, Navy’’ under Public Law 102–136, Department of Defense pursuant to the pro- bill and the committee amendments be $6,900,000 is hereby rescinded:¿ Provided fur- visions of subchapter IV of chapter 169 of agreed to en bloc and considered origi- ther, That of the funds appropriated for title 10, United States Code, pertaining to al- nal text for the purpose of further ‘‘Military Construction, Navy’’ under Public ternative means of acquiring and improving Law 102–380, ø$2,800,000¿ $9,000,000 is hereby military unaccompanied housing and ancil- amendment. rescinded: Provided further, That of the funds lary supporting facilities.¿ The PRESIDING OFFICER. Without appropriated for ‘‘Military Construction, MILITARY CONSTRUCTION, ARMY NATIONAL objection, it is so ordered. Navy’’ under Public Law 103–110, $2,300,000 is GUARD The clerk will report. hereby rescinded. For construction, acquisition, expansion, The assistant legislative clerk read MILITARY CONSTRUCTION, AIR FORCE rehabilitation, and conversion of facilities as follows: (INCLUDING RESCISSIONS) for the training and administration of the A bill (H.R. 3517) making appropriations For acquisition, construction, installation, Army National Guard, and contributions for military construction, family housing, and equipment of temporary or permanent therefor, as authorized by chapter 133 of title and base realignment and closure for the De- public works, military installations, facili- 10, United States Code, and military con- partment of Defense for fiscal year ending ties, and real property for the Air Force as struction authorization Acts, ø$41,316,000¿ September 30, 1997, and for other purposes. currently authorized by law, ø$678,914,000¿ $142,948,000, to remain available until Sep- The Senate proceeded to consider the $704,689,000, to remain available until Sep- tember 30, 2001. tember 30, 2001: Provided, That of this bill which had been reported from the MILITARY CONSTRUCTION, AIR NATIONAL amount, not to exceed ø$47,387,000¿ $29,797,000 GUARD Committee on Appropriations, with shall be available for study, planning, design, For construction, acquisition, expansion, amendments; as follows: architect and engineer services, as author- rehabilitation, and conversion of facilities (The parts of the bill intended to be ized by law, unless the Secretary of Defense for the training and administration of the stricken are shown in bold face brack- determines that additional obligations are Air National Guard, and contributions there- necessary for such purposes and notifies the ets and the parts of the bill intended to for, as authorized by chapter 133 of title 10, Committees on Appropriations of both be inserted are shown in italic.) United States Code, and military construc- Houses of Congress of his determination and H.R. 3517 tion authorization Acts, $118,394,000 the reasons therefor: Provided further, That of ø ¿ $224,444,000, to remain available until Sep- Be it enacted by the Senate and House of Rep- the funds appropriated for ‘‘Military Construc- tember 30, 2001. resentatives of the United States of America in tion, Air Force’’ under Public Law 103–307, Congress assembled, That the following sums $2,100,000 is hereby rescinded. MILITARY CONSTRUCTION, ARMY RESERVE are appropriated, out of any money in the MILITARY CONSTRUCTION, DEFENSE-WIDE For construction, acquisition, expansion, Treasury not otherwise appropriated, for the rehabilitation, and conversion of facilities fiscal year ending September 30, 1997, for (INCLUDING TRANSFER OF FUNDS and rescissions) for the training and administration of the military construction, family housing, and Army Reserve as authorized by chapter 133 For acquisition, construction, installation, base realignment and closure functions ad- of title 10, United States Code, and military and equipment of temporary or permanent ministered by the Department of Defense, construction authorization Acts, ø$50,159,000¿ public works, installations, facilities, and and for other purposes, namely: $75,474,000, to remain available until Septem- real property for activities and agencies of MILITARY CONSTRUCTION, ARMY ber 30, 2001. the Department of Defense (other than the (INCLUDING RESCISSIONS) military departments), as currently author- MILITARY CONSTRUCTION, NAVAL RESERVE For acquisition, construction, installation, ized by law, ø$772,345,000¿ $771,758,000, to re- For construction, acquisition, expansion, and equipment of temporary or permanent main available until September 30, 2001: Pro- rehabilitation, and conversion of facilities public works, military installations, facili- vided, That such amounts of this appropria- for the training and administration of the re- ties, and real property for the Army as cur- tion as may be determined by the Secretary serve components of the Navy and Marine rently authorized by law, including person- of Defense may be transferred to such appro- Corps as authorized by chapter 133 of title 10, nel in the Army Corps of Engineers and priations of the Department of Defense avail- United States Code, and military construc- other personal services necessary for the able for military construction or family tion authorization Acts, ø$33,169,000¿ purposes of this appropriation, and for con- housing as he may designate, to be merged $49,883,000, to remain available until Septem- struction and operation of facilities in sup- with and to be available for the same pur- ber 30, 2001. port of the functions of the Commander in poses, and for the same time period, as the MILITARY CONSTRUCTION, AIR FORCE RESERVE Chief, ø$603,584,000¿ $448,973,000, to remain appropriation or fund to which transferred: For construction, acquisition, expansion, available until September 30, 2001: Provided, Provided further, That of the amount appro- rehabilitation, and conversion of facilities That of this amount, not to exceed priated, not to exceed ø$12,239,000¿ $17,139,000 for the training and administration of the ø$54,384,000¿ $37,323,000 shall be available for shall be available for study, planning, design, Air Force Reserve as authorized by chapter study, planning, design, architect and engi- architect and engineer services, as author- 133 of title 10, United States Code, and mili- neer services, and host nation support, as au- ized by law, unless the Secretary of Defense tary construction authorization Acts, thorized by law, unless the Secretary of De- determines that additional obligations are $51,655,000 $67,805,000, to remain available fense determines that additional obligations ø ¿ necessary for such purposes and notifies the until September 30, 2001. are necessary for such purposes and notifies Committees on Appropriations of both the Committees on Appropriations of both Houses of Congress of his determination and NORTH ATLANTIC TREATY ORGANIZATION Houses of Congress of his determination and the reasons therefor: Provided further, That of SECURITY INVESTMENT PROGRAM the reasons therefor: Provided further, That of the funds appropriated for ‘‘Military Construc- For the United States share of the cost of the funds appropriated for ‘‘Military Construc- tion, Defense-wide’’ under Public Law 104–32, the North Atlantic Treaty Organization Se- tion, Army’’ under Public Law 103–110, $7,000,000 is hereby rescinded. curity Investment Program for the acquisi- $2,028,000 is hereby rescinded. øDEPARTMENT OF DEFENSE MILITARY tion and construction of military facilities MILITARY CONSTRUCTION, NAVY UNACCOMPANIED HOUSING IMPROVEMENT FUND and installations (including international (INCLUDING RESCISSIONS) ø(INCLUDING TRANSFER OF FUNDS) military headquarters) and for related ex- penses for the collective defense of the North For acquisition, construction, installation, øFor the Department of Defense Military Atlantic Treaty Area as authorized in mili- and equipment of temporary or permanent Unaccompanied Housing Improvement Fund, tary construction authorization Acts and public works, naval installations, facilities, $10,000,000, to remain available until ex- section 2806 of title 10, United States Code, and real property for the Navy as currently pended: Provided, That subject to thirty days $177,000,000 $172,000,000, to remain available authorized by law, including personnel in the prior notification to the Committees on Ap- ø ¿ until expended. Naval Facilities Engineering Command and propriations, such additional amounts as other personal services necessary for the may be determined by the Secretary of De- FAMILY HOUSING, ARMY purposes of this appropriation, ø$724,476,000¿ fense may be transferred to the Fund from For expenses of family housing for the $642,484,000, to remain available until Sep- amounts appropriated in this Act for the ac- Army for constrution, including acquisition, tember 30, 2001: Provided, That of this quisition or construction of military unac- replacement, addition, expansion, extension amount, not to exceed ø$50,959,000¿ $53,709,000 companied housing in ‘‘Military Construc- and alteration and for operation and mainte- shall be available for study, planning, design, tion’’ accounts, to be merged with and to be nance, including debt payment, leasing, architect and engineer services, as author- made available for the same purposes and for minor construction, principal and interest ized by law, unless the Secretary of Defense the same period of time as amounts appro- charges, and insurance premiums, as author- determines that additional obligations are priated directly to the Fund: Provided fur- ized by law, as follows: for Construction, necessary for such purposes and notifies the ther, That appropriations made available for ø$176,603,000¿ $189,319,000, to remain available Committees on Appropriations of both the Fund in this Act shall be available to until September 30, 2001; for Operation and Houses of Congress of his determination and cover the costs, as defined in section 502(5) of Maintenance, and for debt payment, the reasons therefor: øProvided further, That the Congressional Budget Act of 1974, of di- ø$1,257,466,000¿ $1,212,466,000; in all of the funds appropriated for ‘‘Military Con- rect loans and loan guarantees issued by the ø$1,434,069,000¿ $1,401,785,000. June 26, 1996 CONGRESSIONAL RECORD — SENATE S7061

FAMILY HOUSING, NAVY AND MARINE CORPS determines that additional obligations are for site preparation, or (3) install utilities for For expenses of family housing for the necessary for such purposes and notifies the any family housing, except housing for Navy and Marine Corps for construction, in- Committees on Appropriations of both which funds have been made available in an- cluding acquisition, replacement, addition, Houses of Congress of his determination and nual Military Construction Appropriations expansion, extension and alteration and for the reasons therefor. Acts. SEC. 107. None of the funds appropriated in operation and maintenance, including debt BASE REALIGNMENT AND CLOSURE ACCOUNT, Military Construction Appropriations Acts payment, leasing, minor construction, prin- PART III for minor construction may be used to trans- cipal and interest charges, and insurance For deposit into the Department of De- premiums, as authorized by law, as follows: fer or relocate any activity from one base or fense Base Closure Account 1990 established installation to another, without prior notifi- for Construction, ø$532,456,000¿ $418,326,000, to by section 2906(a)(1) of the Department of De- remain available until September 30, 2001; for cation to the Committees on Appropriations. fense Authorization Act, 1991 (Public Law SEC. 108. No part of the funds appropriated Operation and Maintenance, and for debt 101–510), $971,925,000, to remain available in Military Construction Appropriations payment, ø$1,058,241,000¿ $1,014,241,000; in all until expended: Provided, That not more than Acts may be used for the procurement of ø$1,590,697,000¿ $1,432,567,000. $351,967,000 of the funds appropriated herein steel for any construction project or activity FAMILY HOUSING, AIR FORCE shall be available solely for environmental for which American steel producers, fabrica- For expenses of family housing for the Air restoration, unless the Secretary of Defense tors, and manufacturers have been denied Force for construction, including acquisi- determines that additional obligations are the opportunity to compete for such steel tion, replacement, addition, expansion, ex- necessary for such purposes and notifies the procurement. tension and alteration and for operation and Committees on Appropriations of both SEC. 109. None of the funds available to the maintenance, including debt payment, leas- Houses of Congress of his determination and Department of Defense for military con- ing, minor construction, principal and inter- the reasons therefor. struction or family housing during the cur- est charges, and insurance premiums, as au- BASE REALIGNMENT AND CLOSURE ACCOUNT, rent fiscal year may be used to pay real thorized by law, as follows: for Construction, PART IV property taxes in any foreign nation. ø$304,068,000¿ $291,464,000, to remain available For deposit into the Department of De- SEC. 110. None of the funds appropriated in until September 30, 2001; for Operation and fense Base Closure Account 1990 established Military Construction Appropriations Acts Maintenance, and for debt payment, by section 2906(a)(1) of the Department of De- may be used to initiate a new installation ø$840,474,000¿ $829,474,000; in all fense Authorization Act, 1991 (Public Law overseas without prior notification to the ø$1,144,542,000¿ $1,120,938,000. 101–510), $1,182,749,000, to remain available Committees on Appropriations. SEC. 111. None of the funds appropriated in FAMILY HOUSING, DEFENSE-WIDE until expended: Provided, That not more than Military Construction Appropriations Acts For expenses of family housing for the ac- $200,841,000 of the funds appropriated herein may be obligated for architect and engineer tivities and agencies of the Department of shall be available solely for environmental contracts estimated by the Government to Defense (other than the military depart- restoration, unless the Secretary of Defense exceed $500,000 for projects to be accom- ments) for construction, including acquisi- determines that additional obligations are plished in Japan, in any NATO member tion, replacement, addition, expansion, ex- necessary for such purposes and notifies the country, or in countries bordering the Ara- tension and alteration, and for operation and Committees on Appropriations of both bian Gulf, unless such contracts are awarded maintenance, leasing, and minor construc- Houses of Congress of his determination and to United States firms or United States tion, as authorized by law, as follows: for the reasons therefor. firms in joint venture with host nation Construction, $4,371,000, to remain available GENERAL PROVISIONS firms. until September 30, 2001; for Operation and SEC. 101. None of the funds appropriated in SEC. 112. None of the funds appropriated in Maintenance, $30,963,000; in all $35,334,000. Military Construction Appropriations Acts Military Construction Appropriations Acts DEPARTMENT OF DEFENSE FAMILY HOUSING shall be expended for payments under a cost- for military construction in the United IMPROVEMENT FUND plus-a-fixed-fee contract for work, where States territories and possessions in the Pa- (INCLUDING TRANSFER OF FUNDS) cost estimates exceed $25,000, to be per- cific and on Kwajalein Atoll, or in countries For the Department of Defense Family formed within the United States, except bordering the Arabian Gulf, may be used to Housing Improvement Fund, ø$35,000,000¿ Alaska, without the specific approval in award any contract estimated by the Gov- $20,000,000, to remain available until øex- writing of the Secretary of Defense setting ernment to exceed $1,000,000 to a foreign con- pended¿ September 30, 2001: Provided, That, forth the reasons therefor: Provided, That the tractor: Provided, That this section shall not subject to thirty days prior notification to foregoing shall not apply in the case of con- be applicable to contract awards for which the Committees on Appropriations, such ad- tracts for environmental restoration at an the lowest responsive and responsible bid of ditional amounts as may be determined by installation that is being closed or realigned a United States contractor exceeds the low- the Secretary of Defense may be transferred where payments are made from a Base Re- est responsive and responsible bid of a for- to the Fund from amounts appropriated øin alignment and Closure Account. eign contractor by greater than 20 per cen- this Act¿ for construction in ‘‘Family Hous- SEC. 102. Funds appropriated to the Depart- tum. ing’’ accounts, to be merged with and to be ment of Defense for construction shall be SEC. 113. The Secretary of Defense is to in- available for the same purposes and for the available for hire of passenger motor vehi- form the appropriate Committees of Con- same period of time as amounts appropriated cles. gress, including the Committees on Appro- directly to the Fund: Provided further, That SEC. 103. Funds appropriated to the Depart- priations, of the plans and scope of any pro- appropriations made available to the Fund in ment of Defense for construction may be posed military exercise involving United this Act shall be available to cover the costs, used for advances to the Federal Highway States personnel thirty days prior to its oc- as defined in section 502(5) of the Congres- Administration, Department of Transpor- curring, if amounts expended for construc- sional Budget Act of 1974, of direct loans or tation, for the construction of access roads tion, either temporary or permanent, are an- loan guarantees issued by the Department of as authorized by section 210 of title 23, Unit- ticipated to exceed $100,000. Defense pursuant to the provisions of sub- ed States Code, when projects authorized SEC. 114. Not more than 20 per centum of chapter IV of Chapter 169, title 10, United therein are certified as important to the na- the appropriations in Military Construction States Code, pertaining to alternative means tional defense by the Secretary of Defense. Appropriations Acts which are limited for of acquiring and improving military family SEC. 104. None of the funds appropriated in obligation during the current fiscal year housing and supporting facilities. this Act may be used to begin construction shall be obligated during the last two of new bases inside the continental United months of the fiscal year. HOMEOWNERS ASSISTANCE FUND, DEFENSE States for which specific appropriations have (TRANSFER OF FUNDS) For use in the Homeowners Assistance not been made. Fund established by section 1013(d) of the SEC. 115. Funds appropriated to the Depart- SEC. 105. No part of the funds provided in ment of Defense for construction in prior Demonstration Cities and Metropolitan De- Military Construction Appropriations Acts velopment Act of 1966, as amended (42 U.S.C. years shall be available for construction au- shall be used for purchase of land or land thorized for each such military department 3374), $36,181,000, to remain available until easements in excess of 100 per centum of the expended. by the authorizations enacted into law dur- value as determined by the Army Corps of ing the current session of Congress. BASE REALIGNMENT AND CLOSURE ACCOUNT, Engineers or the Naval Facilities Engineer- SEC. 116. For military construction or fam- PART II ing Command, except (a) where there is a de- ily housing projects that are being com- For deposit into the Department of De- termination of value by a Federal court, or pleted with funds otherwise expired or lapsed fense Base Closure Account 1990 established (b) purchases negotiated by the Attorney for obligation, expired or lapsed funds may by section 2906(a)(1) of the Department of De- General or his designee, or (c) where the esti- be used to pay the cost of associated super- fense Authorization Act, 1991 (Public Law mated value is less than $25,000, or (d) as oth- vision, inspection, overhead, engineering and 101–510), $352,800,000, to remain available erwise determined by the Secretary of De- design on those projects and on subsequent until expended: Provided, That not more than fense to be in the public interest. claims, if any. $223,789,000 of the funds appropriated herein SEC. 106. None of the funds appropriated in SEC. 117. Notwithstanding any other provi- shall be available solely for environmental Military Construction Appropriations Acts sion of law, any funds appropriated to a mili- restoration, unless the Secretary of Defense shall be used to (1) acquire land, (2) provide tary department or defense agency for the S7062 CONGRESSIONAL RECORD — SENATE June 26, 1996 construction of military projects may be ob- SEC. 122. No funds from the Base Realignment not support building new homes for ligated for a military construction project or and Closure accounts shall be used to pay for generals when there are enlisted people contract, or for any portion of such a project fines or penalties resulting from violations of with families on waiting lists unable to or contract, at any time before the end of any law pertaining to the environment. get a home. the fourth fiscal year after the fiscal year for (TRANSFER OF FUNDS) We also addressed the shortfalls that which funds for such project were appro- SEC. 123. During the current fiscal year, in continue to plague our Reserve compo- priated if the funds obligated for such addition to any other transfer authority project (1) are obligated from funds available nents. The Department continues to available to the Department of Defense, walk away from the total force con- for military construction projects, and (2) do amounts may be transferred from the ac- not exceed the amount appropriated for such count established by section 2906(a)(1) of the cept. Recognizing this, we have again project, plus any amount by which the cost Department of Defense Authorization Act, lent support by adding $366 million to of such project is increased pursuant to law. 1991, to the fund established by section the Guard and Reserve accounts. In (TRANSFER OF FUNDS) 1013(d) of the Demonstration Cities and Met- each case the funds either are for qual- SEC. 118. During the five-year period after ropolitan Development Act of 1966 (42 U.S.C. ity of life or readiness. appropriations available to the Department 3374) to pay for expenses associated with the Mr. President, the administration of Defense for military construction and Homeowners Assistance Program. Any has available to it the same informa- family housing operation and maintenance amounts transferred shall be merged with tion used by the subcommittee to de- and construction have expired for obligation, and be available for the same purposes and velop this bill. The administration upon a determination that such appropria- for the same time period as the fund to knows that the construction backlog of tions will not be necessary for the liquida- which transferred. tion of obligations or for making authorized This Act may be cited as the ‘‘Military the Army and Air Guard, and the adjustments to such appropriations for obli- Construction Appropriations Act, 1997’’. Army, Navy, Marine Corps, and Air gations incurred during the period of avail- Mr. BURNS. Mr. President, I am Force Reserves is billions of dollars ability of such appropriations, unobligated pleased to bring before the Senate the and that this backlog is growing, even balances of such appropriations may be military construction appropriation as the force levels have been reduced. transferred into the appropriation ‘‘Foreign Instead of increasing the funding, the bill and report for fiscal year 1997. Currency Fluctuations, Construction, De- Office of the Secretary of Defense de- Mr. President, this bill was reported fense’’ to be merged with and to be available leted every project that we added last out of the full Appropriations Commit- for the same time period and for the same year which was in the future years De- purposes as the appropriation to which tee last Thursday. The bill rec- fense plan for many of our Reserve transferred. ommended by the full committee on components. This left the Reserve com- SEC. 119. The Secretary of Defense is to appropriations is for $9,832,000,000. This ponents with very little in the future provide the Committees on Appropriations of is $700 million over the budget request, the Senate and the House of Representatives years Defense plan. Afterwards the $200 million under the House bill, and with an annual report by February 15, con- Senate Armed Services Readiness Sub- $1,344,000,000 under the level enacted taining details of the specific actions pro- committee used a criteria which re- last year. posed to be taken by the Department of De- quired projects to be in the future Also, I am pleased to report to the fense during the current fiscal year to en- years Defense plan. The Department courage other member nations of the North Senate that the bill is within the com- was pleased to walk away from the Re- Atlantic Treaty Organization, Japan, Korea, mittee’s 602(b) budget allocation for serve component. The Armed Services and United States allies bordering the Ara- both budget authority and outlays. Committee only funded projects within bian Gulf to assume a greater share of the My colleagues should know that the the future years Defense plan. We now common defense burden of such nations and Committee on Appropriations in the the United States. have a situation where we have unilat- House approved an appropriations bill (TRANSFER OF FUNDS) erally given up our duty to check and that was $900 million over the budget balance the President’s request. We SEC. 120. During the current fiscal year, in request. Once again we will be faced addition to any other transfer authority have also given up our option to rep- with a difficult conference with the available to the Department of Defense, pro- resent our States which each have ceeds deposited to the Department of De- House. We have over $1 billion in dif- their own military department. fense Base Closure Account established by ferences. So against this construction require- section 207(a)(1) of the Defense Authorization The addition of projects to the De- ment, the administration budgeted Amendments and Base Closure and Realign- fense authorization while it was on the only $194 million for all the Reserve ment Act (Public Law 100–526) pursuant to floor has even further strained the components of the Department of De- section 207(a)(2)(C) of such Act, may be process. transferred to the account established by fense. We could not allow this to hap- Mr. President, this bill has some pen. section 2906(a)(1) of the Department of De- points I want to mention. The bill fense Authorization Act, 1991, to be merged The $194 million is not adequate. We with, and to be available for the same pur- funds the base closure and realignment cannot expect the National Guard to poses and the same time period as that ac- accounts. The base realignment and continue to be capable of performing count. closure account comprises 26 percent of their mission. Mr. President, that mis- øSEC. 121. No funds appropriated pursuant our appropriation. It includes $353 mil- sion is not one to be taken lightly. It is to this Act may be expended by an entity un- lion for round two of the BRAC proc- defending this country. less the entity agrees that in expending the ess, $972 million for round three and We have only reduced the adminis- assistance the entity will comply with sec- $1,183,000,000 for the final round. We tions 2 through 4 of the Act of March 3, 1933 tration request of $197 million for the (41 U.S.C. 10a–10c, popularly known as the made sure that there would be no im- NATO Security Investment Program ‘‘Buy American Act’’). pediments to moving forward with the by 13 percent. We believe this is a re- øSEC. 122. (a) In the case of any equipment decisions that the President approved. sponsible reduction considering the re- or products that may be authorized to be Last year, I was concerned with the quirements that NATO may incur in purchased with financial assistance provided growth of this program. The base clo- the near future. under this Act, it is the sense of the Congress sure program should not replace the We recommended $36 million for the that entities receiving such assistance regular military construction program. Homeowners Assistance Program should, in expending the assistance, purchase I am pleased to see that this account which provides partial compensation to only American-made equipment and prod- ucts. has been reduced below last year’s homeowners for their financial losses ø(b) In providing financial assistance under level. It has come down by over $1.3 bil- incurred in the sale of their homes at this Act, the Secretary of the Treasury shall lion. The program has been reduced by closed or realigned bases. We also rec- provide to each recipient of the assistance a a third. ommended $20 million for the family notice describing the statement made in sub- We supported the Secretary’s initia- housing improvement fund which will section (a) by the Congress.¿ tive to provide more housing to our be used to build or renovate family SEC. 121. The National Guard Bureau shall military members. This is part of the housing by utilizing private capital and annually prepare a future years defense plan based on the requirement and priorities of the $4 billion included in this bill for fam- know how. National Guard: Provided, That this plan shall ily housing. Mr. President, before I close I want be presented to the committees of Congress con- We did not, however, support the to thank the ranking minority member current with the President’s budget submission Army and Air Force’s request to build for his participation and his contribu- for each fiscal year. new general officer quarters. We will tions to the subcommittee this year. I June 26, 1996 CONGRESSIONAL RECORD — SENATE S7063 also want to thank Dick D’Amato and bear more than their share of the bur- counts which have been badly under- B.G. Wright of his staff as well and den, especially based on how we have funded by the Administration, and $189 Warren Johnson and Jim Morhard on funded them in the past. This year’s million of that is for badly needed ad- my staff. We would not have gotten administration request included NO, I ditional family housing for our troops. here without their effort and expertise. repeat, NO major construction projects The committee has taken the right Mr. President, I yield the floor. for the Army National Guard. This step by adding needed funds for the Mr. REID. Mr. President, I fully sup- practice is completely unacceptable. Guard and Reserve, in that the Admin- port the recommendations in this bill Administration requests including no istration traditionally underfunds that is now before the Senate. I com- major construction projects for the these accounts, in the expectation that pliment the chairman of the sub- Army Guard mandates that we seri- the Congress will add the money. I committee, the distinguished Senator ously review any Member request for hope that the Administration will, in from Montana [Mr. BURNS], for his ex- its worthiness, and there are many next year’s request, adequately fund cellent work and that of his staff. worthy and badly needed projects, the Guard and Reserve, and relieve the The chairman of the subcommittee without which, our reserve forces could Committee of the responsibility of and I have again this year, enjoyed an not continue to function. It simply completely rewriting that part of the open and productive working relation- would be unfair to not give them some budget as it is now forced to do. ship in bringing the recommendations consideration simply because they Again, this year, as last year, the in this bill to the Senate. have been ignored by the Pentagon. military appropriations bill is the first This bill, reported here today is $1.345 The administration requested only $7 of all the appropriations bills to be billion lower than last year’s appro- million for Army National Guard con- passed by the Senate. The subcommit- priated amount, and is also $200 million struction, compared to $137 million ap- tee is to be commended, and, as usual, lower than the construction bill pro- propriated in fiscal year 1996, and that the bill has wide support in the Senate. posed by the House of Representatives. amount was well below the previous I believe all Senators’ interests and re- Again this year, our bill strives to year’s $188 million appropriation. This quests have been considered fairly and improve the quality of life for the Na- is a 95 percent reduction in only 1 year. impartially by the Committee. I com- tion’s military service members. This This type of request is incomprehen- mend the staff of the subcommittee, military construction bill emphasizes sible and irresponsible. To help try to the staff director for the Chairman, Mr. housing initiatives, both for families balance the scale, the subcommittee Jim Morhard, and his assistant, War- and improved housing for single service used strict criteria to evaluate many ren Johnson; the minority staff direc- members. It provides $4 billion for the worthy projects suggested by Members, tor, who is also the counsel to the full construction, operation and mainte- and a strong effort was made to take Committee, and on loan to the sub- nance of family housing, and to the all Members’ interest into consider- committee; Mr. Dick D’Amato, and his Homeowner’s Assistance Program. ation. assistant, Mr. B.G. Wright, as well as The Committee continues to support I think the result is as fair and equi- Peter Arapis and Jerry Reed of Senator the NATO Security Investment pro- table as possible, given the significant REID’s staff, all of whom have done ex- gram, however it is concerned that budget constraints that we are working cellent work in delivering this measure member nations are not properly help- under. in a timely manner to the full Senate. ing to defray construction program Mr. President, I believe that this is a Mr. DOMENICI. Mr. President, the costs. The Committee therefore urges good product, and I hope that the Sen- Senate is now considering the first of the Secretary to seek increased con- ate will support it. I thank at this time the fiscal year 1997 appropriations bills. tributions from our allies. The report the majority staff director, Jim The pending military construction includes language that supports prepo- Morhard and his assistant Warren appropriations bill provides a total of sition of Brigade material in South- Johnson, for their work and coopera- $9.8 billion in new budget authority west Asia, but only following treaty re- tion with my staff, Dick D’Amato, a and $3.1 billion in new outlays for the lationships with our allies there. It al- member of the Appropriations Commit- military construction and family hous- lows the military to proceed with such tee assigned to me to work on this and ing programs of the Department of De- projects, but encourages secure long other appropriations matters, and B.G. fense for fiscal year 1997. term bilateral agreements and full cost Wright, also of the Appropriations When outlays from prior-year budget sharing arrangements prior to the ini- Committee, and also Peter Arapis and authority and other completed actions tiation of any construction projects in Jerry Reed of my personal staff who are taken into account, the bill totals the region. have dedicated many hours to the com- $9.8 billion in budget authority and The subcommittee has added certain pletion of this bill. $10.3 billion in outlays for fiscal year needy projects to the administrations Mr. BYRD. Mr. President, I commend 1997. request—$700 million was added to the the leadership of the Military Appro- Mr. President, the bill provides for budget that would include $50 million priations Subcommittee, the distin- readiness and quality of life programs for minor construction, $368 million for guished chairman, Mr. CONRAD BURNS for our service men and women. the bill Guard and Reserve projects, and over of Montana, and the ranking member, falls within the subcommittee’s 602 (b) $189 million in badly needed family Mr. HARRY REID of Nevada, for their allocation. housing. work on this bill. It is within its 602(b) I commend the chairman for taking allocation, and conforms very closely I want to convey my thanks to the the many requests from Senators to in- to the provisions of the Department of committee for the support given to sev- clude projects in this bill. This is ne- Defense Authorization bill which is eral priority projects in New Mexico. cessitated, annually, in large part, be- pending before the Senate. I know the I commend the distinguished sub- cause the Department of Defense has subcommittee has worked hard to en- committee chairman, the Senator from again, as it has in the past, refused to sure that its provisions are authorized, Montana, for bringing this bill to the adequately fund the construction and at the same time that the budget floor within the subcommittee’s sec- projects for the National Guard, requir- request of the President has been given tion 602(b) allocation. ing the subcommittee to review many full consideration. I urge its adoption. worthy projects suggested by Senators Mr. President, the bill, at $9.8 billion, Mr. President, I ask unanimous con- and the National Guard and to come up is some $1.3 billion below last year. In sent that a table showing the relation- with a fair and equitable solution to addition, it is some $200 million below ship of the reported bill to the sub- the problem. the level as passed by the House. At committee’s 602(b) allocation be print- I add, Mr. President, in time of crisis, the same time, it is about $700 million ed in the RECORD. we rely heavily on the Guard and Re- above the President’s request, but $368 There being no objection, the mate- serve. During the gulf war crisis, we million of that amount is for addi- rial was ordered to be printed in the called upon the Guard and Reserve to tional National Guard and Reserve ac- RECORD, as follows: S7064 CONGRESSIONAL RECORD — SENATE June 26, 1996 MILITARY CONSTRUCTION SUBCOMMITTEE SPENDING cused on military construction projects age and was decorated for valor. To TOTALS—SENATE-REPORTED BILL has at least forced a degree of control recognize his achievements, I have felt [Fiscal year 1997, in millions of dollars] on the process. Most of the projects in it appropriate to name the hospital at this bill meet four of the five criteria Nellis Air Force Base after him, and Budget au- Category thority Outlays established 2 years ago for Senate con- my fellow Nevadans in our delegation sideration of unrequested military con- agree with me. In fact, the Nellis hos- Defense discretionary: Outlays from prior-year BA and other ac- struction projects. The projects are: pital has been named for him in the De- tions completed ...... 7,204 mission essential, not inconsistent fense authorization measures in both H.R. 3517, as reported to the Senate ..... 9,832 3,115 Scorekeeping adjustment ...... with BRAC, in the FYDP, and execut- the House and the Senate for fiscal able in fiscal year 1997. year 1997. Adjusted bill total ...... 9,832 10,319 And all of the projects in this bill are Mr. BURNS. Mr. President, I under- Senate subcommittee 602(b) allocation: De- included in the authorization bill or stand the Senator’s interest in this fense discretionary ...... 9,833 10,375 are authorized in other legislation. In Adjusted bill total compared to Senate sub- matter and I share his admiration for committee 602(b) allocation: Defense dis- any event, the bill specifically requires Governor O’Callaghan. What he sug- cretionary ...... ¥1 ¥56 an authorization for each project be- gests is entirely appropriate and fit- Note: Details may not add to totals due to rounding. Totals adjusted for fore the money can be spent. consistency with current scorekeeping conventions. ting. I would point out, to my ranking But none of the projects meet the member, that there is no precedent in Mr. MCCAIN. Mr. President, I will fifth criterion, which requires the a military appropriations bill for nam- not delay the Senate in its efforts to added funding to offset by a reduction ing a facility after an individual. My proceed to a vote on the fiscal year 1997 in some other defense account. All of fear is that there would be many re- military construction appropriations these projects are funded because the quests, legitimate requests, for the bill, and I do not plan to offer any Appropriations Committee allocated committee to do so in the event that amendments to the legislation. I want additional funding for this bill to ac- we were to take this action on this bill. to be on record, however, in strong op- commodate Members’ requests for add- position to the $600 million added in ons. Mr. REID. Mr. President, I appreciate this bill for unrequested, low-priority Mr. President, I am tired of seeing us the Senator’s concern. I would not be military construction projects. acquiesce to a practice which only concerned about further legislative ac- A few days ago, I offered an amend- feeds on itself. We must instill some tion on this matter, given the action ment to the fiscal year 1997 Defense au- discipline in our budget review proc- taken by the authorization commit- thorization bill to strike $600 million in ess—by resisting the temptation to add tees. Obviously if the authorization bill authorizations for these same projects. money simply because it serves our became law, this action to name the Not surprisingly, only 12 of my col- constituents. hospital would have been taken. My leagues voted with me, and the amend- We have made progress in reducing problem is that we are not certain ment failed. I will not waste the time the total amount of pork-barrelling in what the administration’s attitude will of the Senate in revisiting that vote. the defense budget. Last year, about $4 be about the funding levels and the But, Mr. President, I cannot stand billion was wasted on pork-barrel content of the authorization measure, aside and allow this bill, laden with projects; this year, we are wasting only nor do we know, of course, what it will $600 million in pork-barrel spending, to $2 billion. But in military construc- look like after emerging from their pass the Senate without objection. tion, we will probably end up adding conference committee. Therefore, I Let me remind my colleagues of the $900 million, the House level, or more would seek the chairman’s assurance magnitude of the wasteful spending for again this year to fund the special in- that if the authorization bill is vetoed, unrequested building projects. terests of Members of both the Senate or appears very likely headed for a Since 1990, the Congress has added and the House; $900 million is a lot of veto, that he and I will revisit this more than $6 billion to the military taxpayer dollars to waste. How do we issue in our own conference committee construction accounts. This bill in- explain to the American people why we on this measure, the military construc- creases the amount of waste by an- need $11 billion more for Defense this tion appropriations bill, and take ac- other $600 million. That’s almost $1 bil- year, when we spend nearly a billion tion to name the facility in our con- lion in pork-barrel spending every dollars for projects that do little or ference report in the event that the au- year. thorization bill does not become law. I listened to the comments of my col- nothing to contribute to our Nation’s Mr. BURNS. Mr. President, that is a leagues in just the last few days about security? Mr. President, again, I plead with my fair solution, and agree that revisiting the inadequacy of the administration’s colleagues. For the sake of ensuring the issue in the conference committee Defense budget request. Many of my public support for adequate defense is entirely appropriate if the cir- colleagues, on both sides of the aisle, spending now and in the future, let’s cumstances that he describes occur or cited the $60 billion target set by the stop the pork-barrelling now. Chairman of the Joint Chiefs of Staff appear likely. GOVERNOR O’CALLAGHAN HOSPITAL for procurement funding, contrasted AMENDMENT NO. 4362 with the $39 billion requested by the Mr. REID. Mr. President, I should like to discuss a matter of some impor- (Purpose: To make available $6,600,000 for administration. These sentiments re- construction of a consolidated education flected my own views and repeated tance to me in the State of Nevada, center in Kentucky; $10,800,000 for con- what has been expressed here in the and to many Nevadans. We had an out- struction, phase III, at the Western Ken- Senate many times over the past sev- standing two-term Governor in Mike tucky Training Site, Kentucky; $10,000,000 eral months. O’Callaghan. He is only one of five two- for construction of phase I of the National Therefore, I am somewhat puzzled at term governors in Nevada’s history. He Range Control Center at White Sands Mis- the increase in this military construc- has been an exemplary public servant. sile Range, NM; and $8,900,000 for construc- tion of the Undersea Weapons Systems tion bill. While the Defense authoriza- More than that, he is a role model for the younger generation, having serv- Laboratory at the Naval Undersea Warfare tion and appropriations bills include an Center, Newport, RI; and to provide offsets additional $6 or $7 billion for procure- iced his country valiantly in one of the for such amounts) ment, this amount is only about one- ugliest of the wars that America has been involved in, Korea. At the age of Mr. WARNER. Mr. President, I send third of the $21 billion needed to meet an amendment to the desk on behalf of General Shalikashvili’s target. We still 16, he enlisted in the Marine Corps to Senator BURNS and ask for its imme- have a $14 or $15 billion shortfall in ur- serve during the closing months of diate consideration. gently needed modernization funding, World War II. During the Korean war yet we are wasting $600 million on he served in combat, sustaining inju- The PRESIDING OFFICER. The unrequested, low-priority military con- ries which resulted in the amputation clerk will report the amendment. struction projects. It just doesn’t make of part of his left leg. He has served in The legislative clerk read as follows: sense to me. three branches of the armed services: The Senator from Virginia [Mr. WARNER], Mr. President, I am somewhat grati- the Air Force, the Army and the Ma- for Mr. BURNS, proposes amendment num- fied to learn that the close scrutiny fo- rine Corps. He served with great cour- bered 4362. June 26, 1996 CONGRESSIONAL RECORD — SENATE S7065 Mr. WARNER. Mr. President, I ask proceed to the immediate consider- We know that those men, women, unanimous consent that further read- ation of Senate Resolution 272, submit- and children were executed not for any ing of the amendment be dispensed ted earlier today by Senator D’AMATO. crimes but for their religious beliefs. with. The PRESIDING OFFICER. The We also know the persecution contin- The PRESIDING OFFICER. Without clerk will report. ues to this day in many forms, both objection, it is so ordered. The legislative clerk read as follows: great and small. The amendment is as follows: A resolution (S. Res. 272) to amend Senate Thirty-nine other Senators have On page 2, line 13, strike out ‘‘$37,323,000’’ Resolution 246. joined with me in sponsoring this legis- and insert in lieu thereof ‘‘$20,723,000’’. The PRESIDING OFFICER. Is there lation, and the Senate today will On page 3, line 11, strike out ‘‘$53,709,000’’ objection to the immediate consider- unanimously adopt an identical resolu- and insert in lieu thereof ‘‘$44,809,000’’. ation of the resolution? tion already passed by the House of On page 6, line 24, strike out ‘‘September There being no objection, the Senate Representatives. By today’s action, the 30, 2001.’’ and insert in lieu thereof ‘‘Septem- U.S. Senate once again will make clear ber 30, 2001: Provided, That of the amount proceeded to consider the resolution. made available under this heading, $10,800,000 Mr. WARNER. Mr. President, I ask to all who will listen: ‘‘We have not shall be available for construction, phase III, unanimous consent that the resolution forgotten.’’ at the Western Kentucky Training Site, Ken- be agreed to and the motion to recon- Mr. LIEBERMAN. Mr. President, at tucky, with the amount made available for sider be laid upon the table. many times during the past 14 years such construction to be derived from sums The PRESIDING OFFICER. Without the Congress has condemned the Gov- otherwise available under this heading for objection, it is so ordered. ernment of Iran for its repressive poli- minor construction.’’. The resolution (S. Res. 272) was cies and actions toward its Baha’i com- Mr. BURNS. Mr. President, the man- agreed to, as follows: munity. Today, I am honored to be agers amendment includes projects celebrating the passage of a resolution S. RES. 272 that were accepted by the Armed Serv- which calls on Iran to change its re- Resolved, That Senate Resolution 246, 104th ices Committee while they were on the Congress, agreed to April 17, 1996, is amended pressive anti-Baha’i policies and to floor. We have added the following in section 1(1)(A), by inserting before the protect the rights of all its people in- projects. semicolon ‘‘incurred during the period begin- cluding religious minority groups such First, a consolidated education cen- ning on May 17, 1995, and ending on February as the Baha’is. The concurrent resolu- ter for the Army at Fort Campbell, KY. 29, 1996, or during the period beginning on tion we are adopting today is similar Second, phase III of the western Ken- April 17, 1996, and ending on June 17, 1996’’. to the one which Senator KASSEBAUM, tucky training site for the Army Na- f Senator MCCAIN, Senator DODD, and I tional Guard at Greenville, KY. IRANIAN BAHA’I COMMUNITY submitted in this body in February. Third, phase I of the National Range EMANCIPATION Congress has adopted six previous Control Center at White Sands Missile resolutions on this important issue. Range in New Mexico. Mr. WARNER. Mr. President, I ask The record of their success is certainly Fourth, the Undersea Weapons Lab- unanimous consent that the Senate a mixed one, at best. Since their enact- oratory at the Naval Undersea Warfare proceed to the immediate consider- ment, many Baha’is have been penal- Center at Newport, RI. ation of House Concurrent Resolution ized by the government, and some even The offsets for the Army and Navy 102. sentenced to death, just because of projects will come from reductions to The PRESIDING OFFICER. The their religious beliefs. On the contrary, the planning and design lines of that clerk will report. previous resolutions have shown some service. We are also taking funds from The legislative clerk read as follows: success as well, particularly in the case the Army National Guard minor con- A concurrent resolution (H.Con.Res. 102) of one man who had been sentenced to struction account to pay for the one concerning the emancipation of the Iranian death for his religious convictions. Guard project that is in this amend- Baha’i community. This man’s life was saved as the apos- ment. The PRESIDING OFFICER. Is there tasy case was later overturned by the The PRESIDING OFFICER. Without objection to the immediate consider- courts in Iran. Although the relation- objection, the amendment is agreed to. ation of the concurrent resolution? ship between the Baha’is and the Ira- The amendment (No. 4362) was agreed There being no objection, the Senate nian Government has improved since to. proceeded to consider the concurrent the first resolution was passed, not The PRESIDING OFFICER. Without resolution. enough action has been taken. This objection, the bill is deemed read the Mrs. KASSEBAUM. Mr. President, open policy of repression is in clear third time, and passed. the Senate today will adopt legislation violation of the obligation of sovereign The bill (H.R. 3517), as amended, was condemning Iran’s persecution of the states to uphold the Universal Declara- deemed read the third time and passed. Baha’i community. We have taken tion of Human Rights. Mr. WARNER. Mr. President, I move similar action in the past, and I regret In the past, President Clinton and to reconsider the vote and move to lay that our continued vigilance on this former Presidents Reagan and Bush that motion on the table. matter is required. have all shown support of the Baha’is. The motion to lay on the table was We choose today to adopt this legis- The United Nations and many of its agreed to. lation in remembrance of a great trag- member states have also adopted nu- Mr. WARNER. Mr. President, I move edy for the Baha’i community and for merous resolutions supporting reli- that the Senate insist on its amend- all who value human rights and reli- gious freedom in Iran. Today, in adopt- ments and request a conference with gious freedom. Thirteen years ago this ing this concurrent resolution, we have the House on the disagreeing votes of month, Iranian religious officials exe- succeeded in maintaining vigilance on the two Houses, and that the Chair be cuted, by hanging, 10 Baha’i women— the actions of Iranian Government. authorized to appoint conferees on the including 3 teenage girls—in the city of Only through continued support for part of the Senate. Shiraz. change in the Iranian regime can over The motion was agreed to; and the This killing of innocent women and 300,000 Baha’is experience true reli- Presiding Officer appointed Mr. BURNS, children came amid a series of Baha’i gious freedom. Mr. STEVENS, Mr. GREGG, Mr. CAMP- executions during the first half of 1983. Mr. WARNER. Mr. President, I ask BELL, Mr. HATFIELD, Mr. REID, Mr. At the time, President Reagan had ex- unanimous consent that the resolution INOUYE, Mr. KOHL, and Mr. BYRD CON- pressed America’s alarm at the reli- be considered and agreed to, the pre- FEREES ON THE PART OF THE SENATE. gious persecution of the Baha’is in Iran amble be agreed to, and the motion to f and had called upon the Iranian leader- reconsider be laid upon the table, and ship to spare the lives of those Baha’is that any statements relating to the AMENDING SENATE RESOLUTION condemned to death in Shiraz. The Ira- resolution appeared in the appropriate 246 nian response to this plea was to carry place in the RECORD. Mr. WARNER. Mr. President, I ask out without hesitation the schedule of The PRESIDING OFFICER. Without unanimous consent that the Senate June executions. objection, it is so ordered. S7066 CONGRESSIONAL RECORD — SENATE June 26, 1996 The concurrent resolution (H. Con. NOMINATION OF RAYMOND W. KELLY TO BE drafting all of the major trade bills of Res. 102) was agreed to. UNDER SECRETARY OF THE TREASURY FOR EN- the past decade, beginning with the The preamble was agreed to. FORCEMENT comprehensive Omnibus Trade and Mr. MOYNIHAN. Mr. President, Ray- f Competitiveness Act of 1988. mond W. Kelly may be the most su- As Chief Trade Counselor, Marcia EXCHANGE OF CERTAIN LANDS IN perbly qualified nominee ever nomi- guided the Finance Committee GILPIN COUNTY, CO nated to head the enforcement oper- expertly over difficult terrain: our ations of the Treasury Department. Mr. WARNER. Mr. President, I ask sometimes contentious consideration From 1992 to 1994, he served as Com- unanimous consent that the Senate of the North American Free-Trade missioner of the New York City Police proceed to the immediate consider- Agreement implementing legislation, Department, which with 38,000 officers ation of calendar No. 297, H.R. 2437. and our lengthy deliberations over the is the world’s largest police force. complex bill implementing the Uru- The PRESIDING OFFICER. The Over the course of his 32-year career clerk will report. guay round agreements and establish- with the NYPD, he served in every ing the World Trade Organization. The legislative clerk read as follows: rank in 25 different commands. In 1993, A bill (H.R. 2437) to provide for the ex- he was widely praised for his work in Over the past decade, she has grap- change of certain lands in Gilpin County, investigating the bombing of the World pled with the major trade issues before Colorado. Trade Center in lower Manhattan. the Senate—issues such as trade with The PRESIDING OFFICER. Is there At a recent event in New York, no China, textile and apparel trade, and objection to the immediate consider- less a skeptic than Dan Rather called disputes with Japan. Significantly, I ation of the bill? Ray ‘‘the best New York City Police must add to this list the range of the There being no objection, the Senate Commissioner since Teddy Roosevelt.’’ trade laws administered by the Inter- proceeded to consider the bill. After leaving the NYPD, Commis- national Trade Commission, which she Mr. WARNER. I ask unanimous con- sioner Kelly served the United States will soon join—the antidumping and sent that the bill be deemed read the as Director of the International Police countervailing duty laws, safeguards third time, passed, the motion to re- Monitors of the Multinational Force in actions against imports, as well as ac- consider be laid upon the table, and Haiti. He was charged with the difficult tions under section 337 of the Tariff that any statements relating to the and delicate task of putting a stop to Act of 1930 protecting against imports bill be placed in the proper place in the human rights abuses by the Haitian po- of products that infringe intellectual RECORD. lice. Upon leaving Haiti in 1995, Mr. property rights. The PRESIDING OFFICER. Without Kelly was awarded a commendation by Unquestionably, Ms. Miller will bring objection, it is so ordered. President Clinton for exceptionally to the International Trade Commission The bill (H.R. 2437) was deemed read meritorious service in Haiti. He was great expertise in the trade laws. And the third time, and passed. also awarded the Commander’s Medal more. She will bring as well a powerful f for Public Service by Gen. John command of details, and unique skill in Shalikashvili, Chairman of the Joint forging consensus among persons with EXECUTIVE SESSION Chiefs of Staff. widely divergent views. The Inter- Earlier in life, Mr. Kelly served in national Trade Commission will now be the U.S. Marine Corps, including com- the beneficiary of these skills, just at EXECUTIVE CALENDAR bat in Vietnam. He retired with the the Finance Committee was for so Mr. WARNER. Mr. President, on the rank of colonel in the Marine Corps Re- many years. Executive Calendar, I ask unanimous serve. Ms. Miller will be an important asset consent the Senate immediately pro- He is also an attorney with law de- to the Commission. She will bring to ceed to executive session to consider grees from St. John’s University and the job sound judgment and clear-head- the following nominations on today’s New York University. He earned his ed analysis, and she will, I am certain, Executive Calendar en bloc: Calendar undergraduate degree from Manhattan ensure that the Commission functions Nos. 633, 634, 635, and 636. College and his master of public admin- as the Congress intended—as an inde- I further ask unanimous consent that istration degree from the Kennedy pendent fact-finding and adjudicative the nominations be confirmed en bloc; School at Harvard. body free from political pressures. the motion to reconsider be laid upon I know Raymond Kelly as a very Mr. President, I urge my colleagues table en bloc; and that any statements smart and very tough law enforcement to join me in supporting Ms. Miller’s relating to the nominations appear at officer. The Senate has acted wisely to nomination, in thanking her for her the appropriate place in the RECORD, confirm him. To Ray, to his wife Ve- years of service to the committee and and that the President be immediately ronica, and to their sons James and the Senate and in congratulating her notified of the Senate’s action, and Gregory, great good wishes and con- and her family in this richly deserved that the Senate then return to legisla- gratulations. honor. tive session. NOMINATION OF MARCIA E. MILLER TO BE COM- The PRESIDING OFFICER. Without MISSIONER, INTERNATIONAL TRADE COMMIS- f objection, it is so ordered. SION Mr. MOYNIHAN. Mr. President, I rise The nominations considered and con- LEGISLATIVE SESSION firmed en bloc are as follows: in strong support of the nomination of DEPARTMENT OF THE TREASURY Marcia E. Miller to become Commis- The PRESIDING OFFICER. Under Raymond W. Kelly, of New York, to be sioner of the International Trade Com- the previous order, the Senate will re- Under Secretary of the Treasury for Enforce- mission, a position for which she is sume legislative session. ment. manifestly well-qualified. I do so, Mr. U.S. INTERNATIONAL TRADE COMMISSION President, without reservation, but f Marcia E. Miller, of Indiana, to be a Mem- with some regret: Ms. Miller has been ber of the U.S. International Trade Commis- an invaluable asset to the Finance CHANGE OF CONVENING TIME sion for the term expiring December 16, 2003. Committee for nearly a decade. Mr. WARNER. Mr. President, I ask DEPARTMENT OF DEFENSE Ms. Miller started with the commit- unanimous consent that the previous John W. Hechinger, Sr., of the District of tee in January 1987. I take some credit Columbia, to be a Member of the National for her long tenure: one of my first ac- consent agreement be modified so that Security Education Board for a term of four complishments when I became chair- the Senate will now reconvene at 8:15 years. man of the Finance Committee in 1993 tomorrow morning, and that the time DEPARTMENT OF ENERGY was persuading Ms. Miller to serve as allocated to Senator DEWINE be viti- Vicky A. Bailey, of Indiana, to be a Mem- our Chief Trade Counselor. ated. ber of the Federal Energy Regulatory Com- And why? There was simply no better The PRESIDING OFFICER. Without mission for the term expiring June 30, 2001. candidate. Ms. Miller has had a hand in objection, it is so ordered.